Council signals support for nuisance ordinance changes

Nuisance ordinances proposed for Cape Girardeau look to move forward as planned during the coming months with a few exceptions by request of city council members.

A committee of staff formed in February to look at adding new rules and procedures to the section of the city code that governs nuisances, and its recommendations have recently been pitched to the public and the city council.

Apart from some minor changes, the council is so far signaling support for the recommendations, which include new rules for abatement of graffiti, unlicensed vehicles, open storage of junk, properties experiencing chronic nuisances and crime and the amendment of minimum fines for violation.

Requests for changes to the ordinances made by the council during Monday night's study session included leaving the minimum fine for violations at $1, apart from violating the city's ordinance that covers littering. That minimum fine would be set at $125.

Councilman Mark Lanzotti said since fixing or cleaning up a nuisance would likely cost a violator money on top of a fine, he would lobby for the change and propose an amendment to the current plan, which would have set the minimum fine for violation of any of the proposed ordinances at $125.

"I think this community is more interested in having it fixed instead of an individual getting punished for something that may not even be their own doing," Lanzotti said.

Other council members agreed ­-- for the reason that a person could be ticketed even when a nuisance was not created by them personally -- such as in the instance of graffiti. The proposed ordinance that covers abatement of graffiti 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 do the job. Staff agreed to revise the language for fines to match the city's basic penalty for an ordinance violation, which is to be fined between $1 and $500 or receive up to 90 days in jail. A municipal court judge ultimately determines the amount of any fine for a violator, city attorney Eric Cunningham said.

A suggestion for the abatement of graffiti also came from Cape Girardeau Area Chamber of Commerce president and CEO John Mehner.

Mehner said the chamber is floating the idea of creating a "graffiti response team" to make sure graffiti would be quickly removed.

"The key is, which we have found out locally, is that if you use the wrong solution or process, then it can damage whatever the graffiti is on. So we have to have somebody who knows what they're doing," Mehner said.

He also suggested the establishment of a fund to help property owners pay for the cost of abatement which the owners would have to pay back after a set amount of time.

Councilman Wayne Bowen also questioned the city's plans to provide options for people who may have to deal with graffiti abatement. Inspection services director Tim Morgan said the city would be prepared to provide information on ways of removing graffiti, which would be part of an education component planned for that ordinance.

According to numbers provided by the city, Cape Girardeau's nuisance abatement unit answered 8,144 calls for service, issued 1,936 warnings and issued 1,085 court summonses for violations of existing ordinances in 2012.

The council is expected to vote on the ordinances relating to nuisances before the end of the year. As currently written, the ordinances would generally outlaw the following:

• Unlicensed vehicles, with a definition including improperly registered and inoperable vehicles. Owners would have seven days to abate the nuisance.
• Open storage of certain items, or "junk," for example: cans, indoor furniture, machine and vehicle parts, inoperable appliances, scrap metal and tires. 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 or nuisances are recurring. 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.

Ordinances passed

During the regular session, the council gave final approval to an ordinance that will allow a business seeking a liquor license within 200 feet of a church or school to receive consent from the board of adjustment. Bowen was the only member of the council to vote "no" on the ordinance. Councilwoman Meg Davis was absent. Another ordinance given final approval will amend the city code to reflect changes in state laws for caterers and others who hold licenses to sell liquor by the drink at functions or events. The ordinance also will lengthen the time that permits and licenses are in effect.

First-round approval also was given to ordinances that will, if passed at the next meeting, establish a permit program for sidewalk cafes on downtown streets and change the cost of flat-fee business licenses to $40 a year.

eragan@semissourian.com

388-3627

Pertinent address:

401 Independence St., Cape Girardeau, MO