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6901
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Last modified
12/11/2012 5:07:37 PM
Creation date
11/5/2014 12:26:43 PM
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City Ordinances
Passed
12/10/2012
Ordinance Number
6901
Bill Number
9168
Introdate
11/13/2012
Description
Nuissance bill 8.24.260, declaration, presecution and abatement of criminal nuisances
Introduced By
Mr. Sharpe and Mr. Price
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(a) May grant continuances on application and a finding <br /> of good cause; and <br /> (b) May issue subpoenas to secure the attendance and <br /> testimony of relevant witnesses and the production of relevant documents. <br /> w <br /> 4. Conduct of the Hearing. <br /> (a) The hearing officer shall: (i) take all testimony under <br /> oath or affirmation, (ii) ensure that the hearing is recorded, whether by tape <br /> recording, digital recording, or a court reporter, and (iii) conduct the hearing <br /> in accord with Section 536.070 of the Revised Statutes of Missouri with <br /> regard to the rules of evidence, objections, witnesses, judicial notice, <br /> affidavits as evidence, and the transcript requirements of the hearing. <br /> (b) The case for the City shall be presented by the <br /> prosecuting attorney, and the City shall prove, by a preponderance of the <br /> evidence, that criminal nuisance activity as defined herein has occurred and <br /> has recurred on the noticed premises within 12 months of the date of the <br /> original notice. <br /> (c) Proof of a conviction under this Section or any other <br /> germane municipal ordinance or state law violation shall be prima facie <br /> evidence of the occurrence or recurrence of criminal nuisance activity. <br /> (d) The owner may appear and be represented by an <br /> attorney, who shall file a written appearance with the hearing officer, and the t <br /> owner may offer evidence and cross-examine the city's witnesses. <br /> (e) The owner shall have the opportunity to (i) contest <br /> the occurrence and recurrence of the criminal nuisance, (ii) show cause as to <br /> why, if a nuisance is found, administrative enforcement is not otherwise <br /> necessary or appropriate, (iii) submit evidence or argument concerning <br /> possible administrative remedies, and the scope and extent thereof, if a <br /> nuisance is found, and (iv) offer such further evidence and argument as may 1 <br /> be relevant to the proceedings. <br /> 5. On conclusion of a hearing, the hearing officer shall issue 1 <br /> findings of fact, conclusions of law, and an order setting forth the hearing <br /> officer's determination. <br /> (a) If the hearing officer finds that the City has failed to <br /> carry its burden of proof on whether criminal nuisance activity has occurred <br /> or recurred, there shall be no administrative enforcement; <br /> (b) If the hearing officer finds that criminal nuisance <br /> activity has occurred and recurred, the hearing officer shall order the owner to <br /> implement reasonable measures designed to prevent the recurrence of the I <br /> nuisance activity or to otherwise abate the nuisance. Those measures may <br /> Page 5 of 7 <br /> L <br /> i <br />
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