Hallsville Notice and Appeal of Assessments ordinance (§ 215.070)

A. Procedure. Upon receipt of the statement of costs from the Inspector, the City Clerk shall mail to the owners of the property upon which the public nuisance has been abated notice of the amounts set forth in the statement, plus an additional amount sufficient to defray the costs of the notice and stating that the City proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the City Clerk within twenty (20) days from the date of mailing such notice. Upon the expiration of the twenty-day period, if no objections have been received by the City Clerk, the City Clerk shall enter that amount in the City liens docket, which shall therefore constitute a lien against the property.

B. Objections. If objections of either the property owner or their representative are received by the City Clerk prior to the expiration of the twenty-day period, the City Clerk shall refer the matter to the City Inspector for administrative review.

C. Administrative Review. Upon conclusion of administrative review, the Inspector shall make a written determination that the amount of the charges shall be canceled, reduced, or remain the same. A copy of this determination shall be furnished to the person making the objections together with a notice of such person's right to appeal to the Board of Aldermen within thirty (30) days.

D. Absence Of Appeal. If no appeal of a determination by the Inspector is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk, who shall then enter a lien in the amount determined by the Inspector in the City liens docket as provided in Subsection (A).

E. Filing Of Appeal. If a timely appeal is received by the Board of Aldermen, a hearing shall be scheduled and held on the matter. If, after the hearing, the Board of Aldermen determines that the proposed assessment does not comply with Subsection (G) herein, the Board of Aldermen shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed or any part of it is proper and authorized, the Board of Aldermen shall so certify to the City Clerk, who shall enter a lien in such amount as determined appropriate by the Board of Aldermen, in the lien docket as provided in Subsection (G).

F. Finality Of Board Of Aldermen. If the judgment of the Board of Aldermen is not appealed to the Circuit Court within thirty (30) days from the date of the Board of Aldermen's determination of the assessment, the judgment will be declared final per Missouri Revised Statutes Chapter 536.

G. Reducing Costs.

1. Assessments. The Inspector, in administrative review, or the Board of Aldermen, on appeal, may reduce or cancel a proposed assessment if it is determined that:

a. Any of the following did not conform to the provisions of this Chapter:

(1) The notice to remove the nuisance;

(2) The work performed in abating the nuisance; or

(3) The computation of charges.

2. The Inspector, in administrative review, or the Board of Aldermen, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the invoice if it is determined that:

a. The current owner was not in possession of the property at the time the notice required by Section 215A.050 was posted; or

b. The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had such knowledge.

H. Claim Of Lack Of Notice. If, after a lien has been entered in the docket of City liens, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Section 215A.060(D) of this Chapter. The lien may be canceled or reduced by the Inspector, in administrative review, or the Board of Aldermen, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge, and in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the Inspector and/or Board of Aldermen, pursuant to Section 215A.060(D), the City Clerk shall cancel or reduce the lien if required by the determination of the Inspector and/or Board of Aldermen. The individuals, firms or corporations who are the owners of the property at the time at which the notice required under Section 215A.050 is posted shall be personally liable for the amount of the assessment including all interest, civil penalties, and other charges.

I. Overhead Charge, Civil Penalties.

1. Whenever a nuisance is abated by the City, the Board of Aldermen shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) for administration and a civil penalty of two hundred dollars ($200.00) for each nuisance abated.

2. When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years concerning real property, owned by the same person, an additional civil penalty of fifty percent (50%), minimum of fifty dollars ($50.00), of the cost of abatement shall be added to the costs, charges and civil penalties provided for in Subsection (I)(1). The civil penalty shall be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.