City revises ordinance governing nuisance violations

By Melonie Roberts Special to the Monett Monthly

Monett Mayor Randy Burke presented the Monett Matters Award to representatives of Monett Main Street during the October City Council meeting.

Alyssa Vaughn, president of the organization, and Cassie Branch, program director, were on hand to receive the honor. 

“If you look at how much Monett Main Street has accomplished just in the last year, the new mural on top of the silo that is now becoming a national icon, at least, according to Harley-Davidson,” he said. “But that’s our icon of Monett, restoring something from the past. 

“The second thing is the dog park. If you look down there, the dog park’s going. We got to get some fence around it, and we’re working with Main Street. Those are partnerships with the city, and it is us, organizations working together for the betterment of all, to make downtown a better place.”  

Burke also noted the recent Roar and Rally, which hosts pep rallies downtown for the football team, as well as October’s Smoke n’ Sound, a barbecue and music festival, in addition to several upcoming events, were executed by or will be hosted by the organization.

“I want to recognize you guys for all that you’ve done for the city of Monett, because Monett Matters to you all and we very much appreciate it,” Burke said.

In old business, commissioners approved a change in the city ordinance pertaining to petitions to the Planning and Zoning Commission, which corrected an ambiguity in the code regarding a timeline in which residents could argue that “45 days” could be misinterpreted since it did not specify “working days.” The ordinance corrects that error.

Commissioners also approved an ordinance changing the speed limit on Waldensian Road from 25 to 35 miles per hour. The specific area impacted by the change includes an area north of the soccer fields at Waldensian Road and Dairy Street to the Monett City Limit sign. 

Commissioners approved an ordinance for cost recovery operations on behalf of the Monett Fire Department for supplies and resources used for motor vehicle accidents, swift water rescues, hazmat and technical rescues inside the city limits of Monett for non-citizens.”

Fire Chief Brandon Pennington explained the benefits.

“This is going to help my budget out, because we can’t predict emergencies, we can’t budget for emergencies, so this is going to help replace items that we use on the scene,” he said.

The billing process will be overseen by Fire Recovery USA, headquartered in Roseville, Calif.

A change in the city ordinance governing nuisance violations was also amended. The change impacts code enforcement hearings.

The revised ordinance now reads: “Furnish a potential harborage or breeding place for disease carrying insects, arthropods, animals and poisonous snakes. The growth of weeds, brush or other rank vegetation in excess of eight (8) inches in height is declared to be a public nuisance per se, detrimental to the health, safety and welfare of the public, and upon the discovery of such nuisance upon any property in the City. The City Administrator may give a hearing after ten (10) days’ notice thereof, either personally or by United States mail to the owner or owners, or his, her or their agents, or by posting such notice on the premises; thereupon, the City Administrator may declare the weeds to be a nuisance and order the same to be abated within five (5) days; and in case the weeds are not cut down and removed within the five (5) days, the City Administrator shall have the weeds cut down and removed, and shall certify the costs of same to the City Clerk, who shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector, with other taxes assessed against the property; and the tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) day of October of each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum. No proceeding in the Municipal Court of the prosecution of a violation of this Section shall prohibit or be a bar to action by the City for the abatement of such condition and nuisance by the City, and no action by the City for the abatement of such condition and nuisance shall prohibit or be any bar to a proceeding in the Municipal Court for prosecution of a violation of this Section.”

Commissioners also approved an ordinance for wastewater pretreatment guidelines to fall into compliance with the Missouri Department of Natural Resources (DNR) for incorporating an associated enforcement response plan.

In new business, commissioners did some housecleaning on the powers granted to the Board of Adjustment. Andrew Miller, development assistant, discussed the issue.

“’Variances’ are a legal tool used by the City of Monett’s Board of Adjustment to allow for one-off exceptions and one-off exemptions to zoning related matters,” Miller said. “For example, the Board of Adjustment may allow for a reduction in the road frontage requirement for residential property from 60 feet to 50 feet. These variances are given on a case-by-case basis. As part of the modernization efforts of the Community Development Department, we additionally provided formal education from the City’s Attorneys to our Planning and Zoning Commission to more strictly limit variances in accordance with Missouri State Law. 

“Variances do not actually pertain, however, to the above-described variances. The provision provides the Planning and Zoning Commission the power to grant variances, which is, according to city counsel, a violation of state statute. Only Boards of Adjustment can actually hear variance appeals and variance applications, and it was the advice of counsel to remove this section of the code to remove a power that is not effectively granted to a Planning and Zoning Commission.”

In other business, commissioners approved:

• An ordinance to replay Lot 1 of Hyde Minor Subdivision into two lots

• An ordinance issuing a surety bond on both the city clerk and the city administrator

• An ordinance with Own Engineering on the Chapel Drive Overpass Project executing a supplemental agreement for contract administration, construction staking, surveying and staking and quality assurance for material testing for the Chappell bridge project, not to exceed $455,950 

• An ordinance modifying the Monett Core Conservation District legislation. The ordinance provides for smaller lot sizing to allow for some of smaller single-family residential lots that are within the boundaries of the MCCD.

• An ordinance providing Monett Fire Department with authority to regulate unsafe burning within the City of Monett

• An resolution allowing the City of Monett to apply for Land and Water Conservation funds for improvements to South Park

• A bill authorizing the City Council to enter into an arrangement for engineering services for the Highway 37 sanitary sewer extension.

The next meeting of the Monett City Council will be at 6 p.m., Thursday, Nov. 12, at the City Annex, located at 100 Maple Street.