Cape nuisance ordinances to get overhaul

Ordinances governing what are commonly tagged "nuisances" by the city of Cape Girardeau are being set up for an overhaul during the next few months. Some changes to the rules that cover problems such as graffiti, junk-filled porches and yards, buildings sitting vacant and unlicensed vehicles soon will be proposed to the city council.

City manager Scott Meyer in February formed a committee of city staff to begin preparing a nuisance ordinance upgrade, and that committee recently sent its findings and recommendations to the council for a first look.

Zach Lewis, nuisance abatement officer with the Cape Girardeau Police Department, picks up a raccoon that had been caught in a trap on Perry Avenue, Friday, July 5, 2013. (Laura Simon)

The committee was charged with evaluating the city's current nuisance ordinance enforcement, examining the current ordinances, researching other cities' enforcement procedures and ordinances and making recommendations on how nuisance abatement could be improved. The committee, consisting of two employees of the city's public works department, assistant police chief Roger Fields, nuisance abatement supervisor Lt. Rick Price, nuisance abatement officer Ty Metzger, city inspector Tim Morgan, and a staff member from the city attorney's office, spent several months looking at procedures and ordinances in the Missouri cities of Columbia, Jefferson City, Maryland Heights, Springfield, St. Peters and St. Joseph and applying revisions to the city's current ordinances.

The committee's recommendations for abatement of graffiti include drafting an ordinance that would declare it to be a public nuisance and requiring a property owner or responsible party to keep the property clear of graffiti and remove it when found. That party would be billed for the abatement by the city if the graffiti is not removed within 15 days of receiving notice from the city.

On unlicensed vehicles, the committee recommended changing the definition in ordinance language, making an unlicensed vehicle a "damaged or disabled vehicle" so current ordinances pertaining to unlicensed vehicles would be more easily enforced.

Zach Lewis, nuisance abatement officer with the Cape Girardeau Police Department, checks over the length of grass in a yard on Landis Drive, Friday, July 5, 2013. If the over grass in a yard is 10 inches or more, the homeowner will first be issued a warning from the police department nuisance abatement division. (Laura Simon)

A new ordinance concerning "display of certain items prohibited" was recommended by the committee. The ordinance would disallow bedding, bottles, broken glass, cans, cardboard, cartons, indoor furniture, jars, building supplies not neatly stacked, machine and vehicle parts, pallets, paper, plumbing fixtures, inoperable appliances, scrap metal, tire rims, tires and water heaters from remaining outside on porches, decks, driveways, yards or anywhere that may be viewed from a location off the premises. Property owners or other responsible parties would have five days from the time they received notice from the city to remove items or the city would remove the items and bill those responsible.

A recommended ordinance for vacant buildings would have any building left vacant for more than six months be declared a public nuisance. Property owners would have to obtain an annual permit costing $100 for any buildings remaining vacant more than six months and be required to secure the building to prevent unlawful entry.

New administrative procedures for "chronic nuisances" would be established, under the recommendations. An ordinance would make "chronic nuisances" of properties where specific illegal activities are occurring. The city attorney could declare a property a nuisance and a hearing would be held to determine the validity of the declaration. A property owner would have to submit an improvement plan to the city if a property is closed by the city. The property would remain closed until all issues are resolved, and, if the city has to abate the issues, the owner of the property would be issued a special tax bill for the cost.

Zach Lewis, nuisance abatement officer with the Cape Girardeau Police Department, checks over the length of grass in a backyard on Landis Drive, Friday, July 5, 2013. Lewis had left a warning at the home a week ago, and was following up to see if the owner had cut the grass. Friends of the owner were at the home to clean up the yard when Lewis arrived. If the majority of a yard is 10 inches or more, the homeowner will be issued a warning from the police department nuisance abatement division. (Laura Simon)

Some language in the city code relating to abatement of all nuisances also would change if the council follows the committee's recommendations, since the procedure for enforcement and hearings doesn't currently cover all nuisances. The language on fines for nuisances also would change. Now, violations of the city's nuisance codes are punishable by fines up to $500. The new minimum fine would be $125 per violation.

City manager Scott Meyer said he plans to prepare the committee's recommendations on graffiti, display of certain items, chronic nuisances and abatement of all nuisances in ordinance form for the council to consider, and has asked city attorney Eric Cunningham to address some concerns with the proposals for unlicensed vehicles and vacant buildings. Meyer said he still expects the unlicensed vehicle and vacant buildings proposals to be prepared as ordinances, but that, as written, some terms are too broad on the vehicle proposal and there are concerns about the effectiveness of permit requirements and fees with the vacant buildings proposal.

Statistics released by the city show the number of nuisance reports in several areas is up when compared with the same time period last year. Animal-related complaints numbered 257 in April 2012 and 343 in April 2013. Trash-related complaints in the same comparison went from 55 to 90, while vehicle-related complaints went from zero to 37. Still, complaints were down in several other areas, including zoning and weeds.

The city is looking at changing the nuisance ordinances now as part of an ongoing "neighborhood initiative," an undertaking by city staff to determine areas in the community or issues that need improvement and then find solutions.

Zach Lewis, nuisance abatement officer with the Cape Girardeau Police Department, picks up a raccoon that had been caught in a trap on Perry Avenue, Friday, July 5, 2013. (Laura Simon)

"There are repeated concerns on nuisances that people have had that weren't covered by our ordinances," Meyer said. "We thought by bringing together the people who work on nuisances and property standards we could do something about it."

Councilman Mark Lanzotti so far supports the effort to create and upgrade the nuisance ordinances, especially with changing the fines, because he believes the changes, if approved by the council, would ease ordinance enforcement.

"I believe this is well intentioned, and admirable, because [the committee] wants to put some teeth into the proposed ordinance," he said. "There's no reason to have it if you can't enforce it."

Lanzotti also said he wants to hear some alternative ways to enforce ordinances as they are developed.

eragan@semissourian.com

388-3627

Pertinent address:

401 Independence St., Cape Girardeau, MO