- Jurisdiction
- Missouri
Thanks in advance.
I have recently been cited for a violation of (Ord. No. 5048) 8.20.065 - Offense of failure to abate a nuisance. For a mattress and bed debris that are located near a shed in my back yard. I currently rent and occupy this residence. This debris was here before I arrived and signed the lease. I assume from the prior tenets. The citation amount was for 84$ with "Trial" scheduled for 12/6/17. And I intend to represent myself Pro se. I fully intend to clear the debris as it clearly is in violation of the Ord. However, I am trying to prepare an argument against the Notice and even the language of the law itself. I have no formal training in the law, I am trained as a robotics engineer, and have only at my disposal the fine people at thelaw.com and Google. I do not intend to paid the extortion fee and look at this as a fun venture into self-representation.
Up until Wednesday (11/29/2017) I hadn't received any kind of notice (guidelines on how to properly notify can be found on 8.20.100). There had been a police officer knock on my door a couple times. I tend to not answer the door for Officers because they are armed, as am I, and tend to escalate situations.
On 11/29/17 I received a envelope, in my mailbox, the envelope was void of postage with a city letterhead duct taped to the inside bottom of the mailbox. Inside the tapped up envelope contained a photo copy of the citation and two letters addressed solely to me. The lessee and tenet.
According to 8.20.0100 there are two methods of notice.
Service of Notice. The director shall determine all individuals, firms or corporations who, from the records in the recorder of deeds' office, appear to be the titled owners, occupants, lessees, mortgagees, agents and all other persons having an interest in a building or structure as shown by said land records of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by one of the following methods:
1. Leaving a copy of the notice at the usual place of residence or business of such owner or address of such owner shown in the recorder's records; or
2. Mailing a copy of the notice to such owner or occupant at such place and address by first class mail.
In addition, the director shall cause a copy of the notice to be posted on the property which is in violation of this chapter. In the event that the owner of the property claims that the notice was not received under subparagraphs 1 or 2 above, the posting of the notice shall be deemed sufficient notice to the owner.
"On the property" -- Mailboxes aren't your property from my understating. The belong to the USPS I haven't found where that is written into law yet though. Not to mention that only USPS may put "mailable" material, which this envelope surely was. I still haven't found an avenue to report the city for putting the hand delivered envelope in the mailbox or even if that is illegal. See 18 U.S. Code § 1705 - Destruction of letter boxes or mail
"Notice"-- This wasn't a notice but instead a copy of the citation and two letters (prior notices?). The letters were dated 09/26/17 and 10/9/17. They contained what one would expect the letters to contain stating there would be ten days to clear the debris and what the repercussions would be if it wasn't complied with. It is unclear if they were mailed to the residence or left there. They only thing that was received for certain was the envelope on 11/29/17 with the citation.
"All individuals" -- My landlord (owner) received no notice. I intend to file a request or whatever the process entails with the "Recorder" to figure out who all and what all are tied to the property. I would assume in some form or another The owner of the property and/or his company would be found. Part 2 seems like he should have been mailed a notice as well. Not to mention its his mess and he may have fell compelled to clean it up.
"Trial" -- The letter requested me to appear for trial with the municipal court on 12/6/17. Do municipal courts not have arraignments? This letter was from the city administrant/code enforcement officer. 8.20.110 - Hearing and appeal
"Language" -- Can a law be written that says your guilty? "Shall be guilty". Whatever happened to innocent until proven guilty? Can municipal Ord. be written this way? This is surley the hardest part to argue. Can anyone point me to how laws are supposed to be written. I would love a constitutional argument for this.
8.20.065 - Offense of failure to abate a nuisance.
Any owner or tenant who fails to abate a nuisance within ten days of notice under this chapter shall be guilty of the offense of failure to abate a nuisance and shall be punished in accordance with Section 1.16.010 of this code.
I have recently been cited for a violation of (Ord. No. 5048) 8.20.065 - Offense of failure to abate a nuisance. For a mattress and bed debris that are located near a shed in my back yard. I currently rent and occupy this residence. This debris was here before I arrived and signed the lease. I assume from the prior tenets. The citation amount was for 84$ with "Trial" scheduled for 12/6/17. And I intend to represent myself Pro se. I fully intend to clear the debris as it clearly is in violation of the Ord. However, I am trying to prepare an argument against the Notice and even the language of the law itself. I have no formal training in the law, I am trained as a robotics engineer, and have only at my disposal the fine people at thelaw.com and Google. I do not intend to paid the extortion fee and look at this as a fun venture into self-representation.
Up until Wednesday (11/29/2017) I hadn't received any kind of notice (guidelines on how to properly notify can be found on 8.20.100). There had been a police officer knock on my door a couple times. I tend to not answer the door for Officers because they are armed, as am I, and tend to escalate situations.
On 11/29/17 I received a envelope, in my mailbox, the envelope was void of postage with a city letterhead duct taped to the inside bottom of the mailbox. Inside the tapped up envelope contained a photo copy of the citation and two letters addressed solely to me. The lessee and tenet.
According to 8.20.0100 there are two methods of notice.
Service of Notice. The director shall determine all individuals, firms or corporations who, from the records in the recorder of deeds' office, appear to be the titled owners, occupants, lessees, mortgagees, agents and all other persons having an interest in a building or structure as shown by said land records of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by one of the following methods:
1. Leaving a copy of the notice at the usual place of residence or business of such owner or address of such owner shown in the recorder's records; or
2. Mailing a copy of the notice to such owner or occupant at such place and address by first class mail.
In addition, the director shall cause a copy of the notice to be posted on the property which is in violation of this chapter. In the event that the owner of the property claims that the notice was not received under subparagraphs 1 or 2 above, the posting of the notice shall be deemed sufficient notice to the owner.
"On the property" -- Mailboxes aren't your property from my understating. The belong to the USPS I haven't found where that is written into law yet though. Not to mention that only USPS may put "mailable" material, which this envelope surely was. I still haven't found an avenue to report the city for putting the hand delivered envelope in the mailbox or even if that is illegal. See 18 U.S. Code § 1705 - Destruction of letter boxes or mail
"Notice"-- This wasn't a notice but instead a copy of the citation and two letters (prior notices?). The letters were dated 09/26/17 and 10/9/17. They contained what one would expect the letters to contain stating there would be ten days to clear the debris and what the repercussions would be if it wasn't complied with. It is unclear if they were mailed to the residence or left there. They only thing that was received for certain was the envelope on 11/29/17 with the citation.
"All individuals" -- My landlord (owner) received no notice. I intend to file a request or whatever the process entails with the "Recorder" to figure out who all and what all are tied to the property. I would assume in some form or another The owner of the property and/or his company would be found. Part 2 seems like he should have been mailed a notice as well. Not to mention its his mess and he may have fell compelled to clean it up.
"Trial" -- The letter requested me to appear for trial with the municipal court on 12/6/17. Do municipal courts not have arraignments? This letter was from the city administrant/code enforcement officer. 8.20.110 - Hearing and appeal
"Language" -- Can a law be written that says your guilty? "Shall be guilty". Whatever happened to innocent until proven guilty? Can municipal Ord. be written this way? This is surley the hardest part to argue. Can anyone point me to how laws are supposed to be written. I would love a constitutional argument for this.
8.20.065 - Offense of failure to abate a nuisance.
Any owner or tenant who fails to abate a nuisance within ten days of notice under this chapter shall be guilty of the offense of failure to abate a nuisance and shall be punished in accordance with Section 1.16.010 of this code.
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