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BULLET St. Louis City Revised Code Chapter 25.33 Enforcement of Code Violations

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 25.33
Enforcement of Code Violations

Sections:

25.33.010 Violation of regulatory code provisions unlawful.
25.33.020 Notice of violation.
25.33.030 Administrative citation.
25.33.040 Administrative citation fine.
25.33.050 Payment of fine.
25.33.060 Request for hearing.
25.33.070 Hearing Officer designated.
25.33.080 Hearing.
25.33.090 Written decision.
25.33.100 Failure to pay fine.
25.33.110 Final decision by Hearing Officer.

25.33.010 Violation of regulatory code provisions unlawful.

It shall be unlawful for any person, firm or corporation to be in conflict with or in violation of any of the provisions of any regulatory code relating to buildings, structures and premises in the City of St. Louis as such codes exist at the time of the effective date of the ordinance codified in this chapter and as such codes may be amended in the future.
(Ord. 66857 1, 2005.)

25.33.020 Notice of violation.

Whenever the Code Official determines that there has been a violation of any regulatory code relating to buildings, structures or premises or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the following manner.

A. Such notice shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the violation or violations and why the notice is being issued;

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of applicable code; and

5. Inform the property owner of the right to appeal.

B. The notice shall be directed to the owner or owners of such building, structure or premise as recorded most recently in the City of Saint Louis Assessor's Office. The notice shall be served in one of the following ways:

1. Delivered personally to owner or owners; or

2. By posting the notice in a conspicuous place in or about the building, structure or premise affected by such notice; or

3. By mailing a copy of said notice by regular mail, postage prepaid, direct to the owner or owner's place of business or the address currently recorded in the Assessor's Office of the City of Saint Louis; or

4. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building, structure or premise affected by such notice.
(Ord. 67885 1, 2008: prior: Ord. 66857 2, 2005.)

25.33.030 Administrative citation.

A. If the notice of violation is not complied with, the Code Official shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;

2. The address or a definite description of the location where the violation occurred;

3. The section of the applicable code violated and a description of the violation;

4. The amount of the fine for the code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

8. The name and signature of the citing code official.
(Ord. 66857 3, 2005.)

25.33.040 Administrative citation fine.

A. The administrative citation fine amount for a first violation under the provisions of this chapter shall be twenty-five dollars ($25.00).

B. The administrative citation fine for repeat violations of the same code provision by the same person at the same property within twelve months from the date of the first administrative citation shall be fifty dollars ($50.00).

C. Any administrative citation fine which is not paid on or before its due date shall accrue a penalty in an amount equal to the original administrative citation fine. Said penalty shall be collected in the same manner as the underlying fine.
(Ord. 66857 4, 2005.)

25.33.050 Payment of fine.

A. The fine shall be paid to the city within thirty days from the date of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(Ord. 66857 5, 2005.)

25.33.060 Request for hearing.

A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for administrative hearing petition and returning it to the Office of the Building Commissioner, along with a non-refundable filing fee of $20.00, within thirty days from the date of the administrative citation.

B. A request for administrative hearing petition may be obtained from the Office of the Building Commissioner.

C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

D. If the code official submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
(Ord. 66857 6, 2005.)

25.33.070 Hearing Officer designated.

The Public Safety Director shall designate the Hearing Officer for the administrative hearing.
(Ord. 66857 7, 2005.)

25.33.080 Hearing.

A. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than ninety (90) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

B. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

C. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure to exhaust their administrative remedies.

D. The code violation notice, property record, and related documentation in the proper form, or a copy thereof, shall be prima facie evidence of the municipal code violation. The code official who issued the notice of violation need not be present.

E. The Hearing Officer may continue the hearing and request additional information from the code official or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 66857 8, 2005.)

25.33.090 Written decision.

A. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

B. If the Hearing Officer determines that the administrative citation should be upheld, the Hearing Officer shall set forth in the decision a payment schedule for the fine.

C. If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City.

D. The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision.
(Ord. 66857 9, 2005.)

25.33.100 Failure to pay fine.

Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.
(Ord. 66857 10, 2005.)

25.33.110 Final decision by Hearing Officer.

A. The Hearing Officer may not impose incarceration or any fine in excess of the amount allowed by the schedule of fines. Any sanction, fine or costs, or part of any fine, other sanction, or costs, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under Chapter 536, RSMo, shall be a debt due and owing the City, and may be collected in accordance with applicable law.

B. Any final decision or disposition of a code violation by a Hearing Officer shall constitute a final determination for purposes of judicial review, subject to review under Chapter 536, RSMo. After expiration of the judicial review period under Chapter 536, RSMo, unless stayed by a court of competent jurisdiction, the administrative tribunal's decisions, findings, rules, and orders may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. Upon being recorded in the manner required by state law or the Uniform Commercial Code, a lien may be imposed on the real or personal property of any defendant entering a plea of nolo contendere, pleading guilty to, or found guilty of a municipal code violation in the amount of any debt due the City under this section and enforced in the same manner as a judgment lien under a judgment of a court of competent jurisdiction.
(Ord. 66857 11, 2005.)

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