§ 220.270. Criminal Nuisances., Article II. Certain Specific Nuisances, Chapter 220. Nuisances, Title II. Public Health, Safety and Welfare, Code of Ordinances, University City

Defined. A criminal nuisance exists when one (1) or more incidents, acts, or physical conditions of premises are unabated by an owner after notice of same has been provided in accord with this Section. An actionable criminal nuisance shall require proof of more than one (1) of the following incidents, acts, or physical conditions occurring and recurring within twelve (12) months:

The illegal sale, manufacture, storing, possession, distribution, or use of narcotics or other controlled substances or precursors;

The illegal sale, manufacture, storing, possession, distribution or use of drug paraphernalia or precursors;

The illegal sale, storing, possession, use or distribution of a firearm(s), weapons or explosive devices;

Prostitution;

Illegal gambling;

The illegal sale, distribution or consumption of alcoholic beverages; or

Any other condition or activity prohibited by the Municipal Code of the City of University City or by State or Federal law and injurious or detrimental to the health, safety, welfare, or convenience of the inhabitants of the City, including chronic building code violations.

Warrant Authorized. In determining the occurrence or recurrence of a criminal nuisance, or in effecting the abatement of a criminal nuisance, the Municipal Court may issue a warrant as provided in Section 240.020 hereof.

Violation And Notice.

Whenever a criminal nuisance exists on any premises, written notice shall be given to the owner. The notice shall:

Be accompanied by a copy of this Section;

Identify the activities or conditions constituting the nuisance;

Direct the owner to immediately abate the nuisance;

Inform the owner that any recurrence of the nuisance so specified or any occurrence of another criminal nuisance on the premises within the following twelve (12) months may lead to criminal prosecution and administrative enforcement under this Section; and

Provide the owner with a reasonable opportunity to meet with a City representative to discuss the nuisance and the need for abatement measures.

The notice shall be personally delivered or sent by first class United States mail and by certified, return receipt mail, and a copy shall also be posted in a prominent place on the premises.

If additional nuisance activity occurs on the noticed premises within twelve (12) months of the date of the notice, an owner may be:

Prosecuted for the violation of permitting or maintaining a criminal nuisance, and

Subject to administrative enforcement of this Section as provided herein.

Prosecution. Any owner who engages in, encourages, permits, or fails to abate a criminal nuisance after receiving any required notice to abate same may be charged with permitting or maintaining a nuisance in violation of this Section. An owner convicted of the charge shall be subject to a fine and imprisonment not to exceed one thousand dollars ($1,000.00) and ninety (90) days in jail, or both. Each occurrence of a criminal nuisance within the twelve (12) month time frame, regardless of proximity in time to any other nuisance violation, shall be deemed a separate and distinct offense for which a summons may be issued. If the owner fails to abate a criminal nuisance after having received notice to abate, each day that the charged violation continues to exist shall constitute a separate offense and shall be subject to the imposition of separate penalties by the Municipal Court.

Administrative Enforcement.

If additional nuisance activity occurs on the noticed premises within twelve (12) months of the date of the notice, the City may initiate an administrative hearing to ensure the abatement of the criminal nuisance. Administrative enforcement may be pursued in addition to or in lieu of criminal prosecution.

The City's Prosecuting Attorney shall issue a notice of hearing to the owner of the subject premises. The notice shall be personally delivered or sent by first class United States mail and by certified, return receipt mail, and a copy shall also be posted in a prominent place on the premises. The notice shall:

Provide a time, date, and location for the hearing, with the date being not less than thirty (30) days from the date of the notice;

Identify the activities or conditions constituting the nuisance;

Direct the owner to immediately abate the nuisance;

Provide the owner with a reasonable opportunity to meet with a City representative to discuss the nuisance, the need for abatement, and the hearing; and

Be accompanied by a copy of this Section.

The City Manager or a designee shall serve as hearing officer and shall be represented by the City Attorney. The hearing officer:

May grant continuances on application and a finding of good cause; and

May issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents.

Conduct of the hearing.

The hearing officer shall:

(1)

Take all testimony under oath or affirmation,

(2)

Ensure that the hearing is recorded, whether by tape recording, digital recording, or a court reporter, and

(3)

Conduct the hearing in accord with Section 536.070, RSMo., with regard to the rules of evidence, objections, witnesses, judicial notice, affidavits as evidence, and the transcript requirements of the hearing.

The case for the City shall be presented by the Prosecuting Attorney, and the City shall prove, by a preponderance of the evidence, that criminal nuisance activity as defined herein has occurred and has recurred on the noticed premises within twelve (12) months of the date of the original notice.

Proof of a conviction under this Section or any other germane municipal ordinance or State law violation shall be prima facie evidence of the occurrence or recurrence of criminal nuisance activity.

The owner may appear and be represented by an attorney, who shall file a written appearance with the hearing officer, and the owner may offer evidence and cross-examine the City's witnesses.

The owner shall have the opportunity to:

(1)

Contest the occurrence and recurrence of the criminal nuisance,

(2)

Show cause as to why, if a nuisance is found, administrative enforcement is not otherwise necessary or appropriate,

(3)

Submit evidence or argument concerning possible administrative remedies, and the scope and extent thereof, if a nuisance is found, and

(4)

Offer such further evidence and argument as may be relevant to the proceedings.

On conclusion of a hearing, the hearing officer shall issue findings of fact, conclusions of law, and an order setting forth the hearing officer's determination.

If the hearing officer finds that the City has failed to carry its burden of proof on whether criminal nuisance activity has occurred or recurred, there shall be no administrative enforcement;

If the hearing officer finds that criminal nuisance activity has occurred and recurred, the hearing officer shall order the owner to implement reasonable measures designed to prevent the recurrence of the nuisance activity or to otherwise abate the nuisance. Those measures may include, but are not limited to, making necessary improvements to the premises, whether security or otherwise, hiring of licensed and insured security personnel, appointment of a property manager or receiver, initiation and execution of eviction proceedings against tenants or occupants who engaged in the nuisance behavior, or the closing and boarding of the premises for a period not to exceed one (1) year. If the owner fails to so act within the time allowed by the hearing officer's order, the City may implement the ordered abatement procedures.

The hearing officer's order shall inform the owner of the right to seek judicial review as provided in Sections 536.100 to 536.140, RSMo.

The City shall maintain a record of all criminal nuisance hearings, which shall include:

(1)

The recording of the testimony presented at the hearing,

(2)

All exhibits submitted as evidence at the hearing; and

(3)

A copy of the findings of fact, conclusions of law, and order.

If the hearing officer determines that a nuisance exists and orders that the abatement of the nuisance requires closure of the subject premises, the following shall apply:

If the premises is occupied at the time of the order of closure, the building shall be deemed condemned and shall be vacated in accordance with the laws of University City. It is unlawful for any person to occupy or use any premises ordered to be closed under this Section.

Prior to any re-occupancy, the premises shall be inspected by all germane City, State, and Federal inspectors, and the premises shall be in compliance with all applicable City, State, and Federal health, safety, property maintenance, and building regulations.

Any licenses, permits, or certificates pertaining to the occupancy or use of the subject premises and in effect at the time of an order of closure shall be forfeited.