Cape council to discuss nuisance ordinance changes Monday

Input from the public taken by the city of Cape Girardeau may influence proposed ordinances expected to take care of problems such as graffiti, illegal vehicles, junk-covered yards and porches, and properties afflicted by chronic crime.

The city council is set to discuss proposed new ordinances and changes to existing ordinances relating to nuisance abatement today during the 5 p.m. study session. A committee of city staff has been working for several months to come up with recommendations for the ordinances, which city leaders hope will help alleviate some existing nuisance problems with better enforcement procedures and stepped-up fines.

The committee's final recommendations reflect changes based on public comments taken during an open meeting in August and a recent online survey.

Changes so far have been made to ordinances that would govern unlicensed vehicles, abatement procedures and chronic criminal and nuisance properties. Clearer language was added to the unlicensed-vehicle ordinance, and language also is planned to be added to the chronic criminal and nuisance property ordinance, which establishes procedures for the city to handle the problems.

"We just don't really have all the answers on [the chronic nuisance procedure]," said city manager Scott Meyer. "It is a little bit vague yet. We want to get to wording we are comfortable with so that it works for people and for our officers to enforce."

Meyer and other city staff, including the city attorney, will work to complete the language upon receiving input from the city council.

An ordinance that would have required vacant buildings to be placed on a registry also has been removed from the city's consideration list.

The proposed vacant buildings registry drew the most criticism from the public during the August meeting -- business owners claimed the ordinance would place an unnecessary burden on them if they had to place vacant properties, regardless of condition, on a city registry if a building was vacant six months or more, as the ordinance would have required. Comments from the online survey also reflected disagreement with the proposed registry.

"It was an idea that didn't come to fruition," Meyer said.

No changes have been made to proposed ordinances that would cover abatement of graffiti, open storage of junk and fines.

Current recommendations of the committee on nuisance abatement are:

• For graffiti, an ordinance would require an owner or responsible party to keep a property clear of graffiti and remove it within 15 days of receiving notice by the city, or be charged for having the city remove the graffiti.
• Unlicensed vehicles would be considered a "damaged or disabled vehicle," and would include improperly registered and inoperable vehicles, so current ordinances pertaining to vehicles would be more easily enforced. Owners would have seven days to abate the nuisance.
• Open storage of certain items, or "junk," would be prohibited. Cans, indoor furniture, building supplies not neatly stacked, machine and vehicle parts, pallets, inoperable appliances, scrap metal and tires are among the prohibited items. The items would not be allowed to be visible from off the premises. People responsible would have five days from the time they received a notice from the city to remove items, or the city would remove the items and bill the responsible party.
• Properties where specific illegal activities are recurring would be declared "chronic nuisances," and a hearing would determine the declaration's validity. A property owner would have to submit an improvement plan if a property were to be closed by the city. The property would remain closed until all issues were resolved and, if the city were to abate the issues, the owner would be issued a special tax bill for the cost.
• Language in the city code relating to abatement of nuisances would change, because the procedure for enforcement and hearings doesn't cover all nuisances.
• Fines would change from "up to $500" for a violation to a minimum of $125 per violation and a maximum of $500.

Meyer said Friday the city continues toward a goal of having the ordinances completed and passed by the city council by the end of the year.

Results of the online survey, which was available on the city's website from Aug. 16 to Sept. 1, showed respondents believed nuisance issues that needed additional attention include rundown homes, drugs, vacant or abandoned buildings, trash and litter and weeds, unkempt yards and landscaping, in that order.

Respondents also overwhelmingly agreed with the city's plans for the ordinances to govern nuisances. More than 100 respondents gave an "agree" answer to the city's plans for how to handle graffiti, unlicensed vehicles, open storage of junk, vacant properties, abatement of nuisances and tax bills and fine amounts. Between 19 and 38 respondents disagreed with the plans, and between three and 21 respondents gave other answers overall.

Regular meeting

The city council also plans to hold final votes on ordinances at 7 p.m. today that if passed would allow a business seeking a liquor license within 200 feet of a church or school to receive consent from the board of adjustment and would amend the city code to reflect changes in state laws on caterers and others who hold licenses to sell liquor by the drink at functions or events. The ordinance on caterers also would lengthen the time that permits and licenses are in effect.

First votes also are set for 7 p.m. today on ordinances that would establish a permit program for sidewalk cafes on several downtown streets and change the cost of flat-fee annual business licenses to $40 a year.

eragan@semissourian.com

388-3627

Pertinent address:

401 Independence St., Cape Girardeau, Mo.