Ameren Schedules Dock Permit Workshops

Ameren Missouri will be holding a public workshop for homeowners, builders, landscape contractors, realtors and interested members of the public during the month of February at the Lake of the Ozarks to help connect the dots with the new dock permitting process and project boundary rules.  Jeff Green with Ameren explains: (click to hear audio)

Jeff Green Ameren 011713

The first workshop will be held on February 7th from 3 to 5 p.m.  at Tan-Tar-A’s Crystal Ballroom in Osage Beach. The second will take place on February 12th from 3 to 5 p.m.  at the Warsaw Community Center’s Harbor Room in Warsaw. More details can be found online at amerenmissouri.com

 

Hartzler Not Happy with Obama Gun Control Proposals

Congresswoman Vicky Hartzler has issued the following statement in response to President Obama’s gun control proposals:

“The Newtown massacre was a horrifically violent act, but rash gun control legislation will not keep our children safer. Many of the President’s proposals simply act to restrict the ability of law abiding citizens to protect their families. Proposals that focus on enforcing our current laws, requiring federal agencies to provide information on criminals to the FBI’s background check database, and giving states the necessary flexibility to protect our children have merit. Additionally, we must have a meaningful conversation about mental health issues and other societal contributors to violent behavior rather than simplistically attacking the tool used by criminals.”

Residents Get Public Hearing on Land Use Code Changes

The Camden County Planning and Zoning Commission approved setting a public hearing on revisions to the Unified Land Use Code Article 600 last night. The public hearing will be conducted during their regular meeting 5:30 p.m., Wednesday, Feb. 20 at the Camden County Courthouse.

The revisions were reviewed and approved by a planning and zoning sub-committee and then passed to the p and z commission last night.

The revisions were discussed by the p and z commission at their Wednesday, Jan. 16 meeting. The revisions are available for public review on the county website at www.camdenmo.org. The public will be given an opportunity to ask questions and make their opinion known at the February hearing. If the p and z commission approves the revisions, their recommendation will be then sent to the Camden County Commission for a final decision.

Camden County Commissioners requested Camden County Planning and Zoning Administrator Don Hathaway to make revisions to the code, with respect to enforcement, because the county has had weak procedures for code enforcement. Historically, enforcement has been slim to none due to expensive legal proceedings causing planning and zoning to be unsuccessful in getting property owners to comply with their requests to bring their property up to code.

The proposed revisions specifically pertain to Article 600; procedures upon the discovery of violations, and Section 605 which deals with the penalties and remedies for said violations.

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Revision to ULC ARTICLE 600: ENFORCEMENT & REVIEW
November 2011
Current Code:
SECTION 604 – PROCEDURES UPON DISCOVERY OF VIOLATION
1. If the Administrator finds that any provision of the Unified Land-Use Code is being violated, based on an appropriately filed complaint, he shall send a written notice to the person or entity responsible for the violation. This written notice will indicate the nature of the violation and order the action necessary to correct it as well as the time frame for making the correction. Additional written notices may be sent at the Planning Administrator’s discretion, but are not required.
2. The Planning Administrator shall determine, in his sole discretion, the time frame in which a violation must be corrected by the violating party, but in no instance shall the initial correction period be more than ninety (90) days. The Planning Administrator may extend the correction period if the Planning Administrator, determines that the violating party has made and continues to make a good-faith effort to cure or otherwise correct the violation.
3. The final written notice of a violation (and the initial written notice may be the final notice) shall state what action the Planning Administrator intends to take if the violation is not corrected and shall advise that the decision may be appealed to the Board of Adjustment in accordance with Section 501.
4. Notwithstanding the foregoing, in cases when the delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or welfare, the Planning Administrator may seek enforcement without prior written notice by invoking the penalties and/or remedies authorized in Section 605.
SECTION 605 – PENALTIES AND REMEDIES FOR VIOLATIONS
1. In the event that a violation exists for a property where an active permit of any kind (Construction, Zoning, Special-Use, Conditional-Use, etc.) the Planning Administrator may suspend the permit, temporarily making that permit inactive. No work of any kind other than to correct the violation, or with the express permission of the Planning Administrator, may progress in the fulfillment of a permit that has been suspended. The permit will remain suspended until the Planning Administrator has verified that all corrective measures to remove or cure the violation have taken place.
2. To gain compliance with the Unified Land-Use Code the Planning Administrator may pursue a civil action based on the violation. The filing of an injunction will take place only if so authorized by the County Commission.
3. To gain compliance with the Unified Land-Use Code the Planning Administrator may pursue a criminal action based on the violation. Violations of this Code or failure to comply with any of these requirements, including violations of any conditions established in connection with grants of variances or Special-Use or Conditional-Use permits, shall constitute a Class A Misdemeanor, punishable by a fine of up to $1,000.00, or a maximum of one-year imprisonment, or both. A criminal case is filed through the County Prosecutor’s office.
4. The Planning Administrator may invoke any one or all of the foregoing penalties and remedies to enforce this regulation.
Proposed Code Revised :
SECTION 604: PROCEDURES UPON DISCOVERY OF VIOLATION
1. NOTICE OF VIOLATION
If the Administrator finds that any provision of the Unified Land-Use Code is being violated, based on an appropriately filed complaint, the Planning Administrator shall issue a notice directed to all owners, occupants, lessees, mortgages, agents and all other persons having an interest in the building or structure as shown by the records of the Recorder of Deeds of Camden County, Missouri. The notice shall include a statement that the Planning Administrator has found property or structure to be in violation of The Unified Land Use Code, a brief and concise factual description of the conditions found to render the property in violation; an order that the property be either vacated, reconditioned or violation removed; and a specified date for commencement of vacation, reconditioning or removal which provides a reasonable time for that action after receipt of the notice. This notice may be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of those methods of service, then service may be had by publication. A copy of the notice shall also be posted upon the property alleged to be in violation of this Ordinance in a place open to public view.
2. NOTICE OF HEARING
If the parties should fail to commence the work of reconditioning or demolition within the time specified in the notice authorized in this Ordinance or if the parties should fail to proceed continuously with the work without unnecessary delay, the Planning Administrator may issue a second (2nd) notice directed to all owners, occupants, lessees, mortgagees, agents and all other persons having an interest in the property, building or structure as shown by the records of the Recorder of Deeds of Camden County, Missouri. The notice shall contain the street address of the premises upon which the violation or compliance variance is located; a statement that the Planning Administrator has found the property to be in violation of this Ordinance; a brief and concise factual description of the conditions found to render the building or mobile home in violation of the Ordinance; a statement that a previous notice was issued in accordance with the provisions of this Ordinance; a statement that the parties have failed to comply with the order set forth in said notice; and a date that a hearing shall be had before the County Commission as to whether the property is in violation of the Ordinance. Service of the notice shall be made upon all persons entitled thereto by either personal service or by certified mail, return receipt requested, but if service cannot be had by either of those methods of service, then service may be had by publication. Proof of service of the notice shall be certified at the time of service by written declaration executed by the person affecting service, under penalty of perjury, declaring the time, date and manner in which service is made. The declaration, together with any proof of constructive service, shall be affixed to the copy of the notice and retained by the Planning Administrator. A copy of the notice shall also be posted upon the property alleged to be in violation of the Unified Land Use Code in a place open to public view.
3. HEARING
All interested parties shall have an opportunity to present evidence to the County Commission at the hearing. All evidence will be given under oath. Strict adherence to the rules of evidence shall not be required. Any party may be represented by counsel if that party so desires. The Commission shall allow all interested parties to present such evidence as they deem relevant to the proceeding.
4. DECISION
A. At the conclusion of all the evidence, the County Commission shall determine by a majority vote as to whether the property or building is in violation of the Unified Land -Use Code . If the evidence supports the finding that the violation as a nuisance and is detrimental to the health, safety and welfare of the residents of Camden County, the County Commission shall then issue an order that the violation be removed or repaired. The order shall include specific findings of fact, based upon competent and substantial evidence, which show the violation or building or structure was found to be in noncompliance with adopted code and is therefore detrimental to the health, safety or welfare of the residents of Camden County, Missouri. A copy of the order shall be mailed or served upon all parties that previously receive notice of hearing.
B. If the evidence does not support a finding that the property, building or structure is in violation of the Unified Land Use Code, or a nuisance and detrimental to the health, safety and welfare of the residents of Camden County, the County Commission shall issue an order setting forth specific findings of fact, based upon competent and substantial evidence, that no such nuisance exits. A copy of the order shall be mailed or served upon all parties that previously receive notice of hearing.
SECTION 605 – PENALTIES AND REMEDIES FOR VIOLATIONS
1. Whenever in this Code or any other ordinance of the County, or in any rule, regulation, notice or order promulgated by any officer or agency of the County under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State the statutory penalty, and no other, shall be imposed for such offense.
2. To gain compliance with the Unified Land-Use Code the Planning Administrator may pursue a civil action based on the violation. The filing of an injunction will take place only if so authorized by the County Commission.
SECTION 605.100: EVERY DAY A VIOLATION
Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.
SECTION 605.200: RESPONSIBILITY
Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited

Double Homicide Suspect Arraigned in Versailles

A Stover man accused of beating to death an Ivy Bend couple will be arraigned this morning in Versailles.  25-year old Ronald Blowers is facing two charges of second degree murder in the deaths of 71-year old Mabel and 82-year old Wayne Wells.  They were found by a neighbor inside their home in December.  Blowers is also facing two counts of armed criminal action and count of burglary.  He remains in custody in the Morgan County Jail on a bond of one million dollars.

Osage Beach Aldermen Meet Thursday Night

 

The City of Osage Beach will have their regular board of alderman meeting on Thursday evening at city hall. Items on the agenda include a presentation by Missouri solar applications, Bill number 13-01 the transfer of street lights to the city, an authorization to purchase an f550 dump truck and plow and bill number 13-02 a ballot issue to impose a local use tax at the same rate as the current local sales tax of 2%. This meeting gets started at 6:30pm and is open to the public

Morgan County Cattle Deaths Increase to 16

The Morgan County Sheriff’s Office is seeking up to 50 different charges in connection with the dozens of dead or dying cattle found at a property south of Stover last week.  Lt. Mike Nienhuis says 20 cows and calves, malnourished an in need of medical attention, were removed by the Humane Society and transferred to a local ranch.  One of them  has since died.  Nienhuis says the 19 other rescued cows and calves appear to be doing fine.  15 dead cattle were found in various states of decomposition,  along with the bones of 13 others, on the property leased by Ed Coleman on Highway 135 South when authorities served a search warrant to check on the health and safety of the animals.

Busy Year For Sunrise Beach Police

The busiest year ever.  That is the report from Sunrise Beach Police Chief David Slavens to the Sunrise Beach Board of Trustees.  While the actual number of calls for the year are still being tabulated, there were 151 calls in the month of December alone.  Slavens also says that he has been meeting with officials at Hurricane Deck Elementary and Lake West Christian Academy to look over security plans in the wake of the shooting last month at Sandy Hook Elementary School in Newtown, Connecticut.