Habitual Offender Ordinance
In addressing the abandoned property issue, Councilman Scrivner and others wanted to know if there is
any way to deal with landlords who allow a tenant to create problems. For example if a tenant has
junked vehicles or other things not allowed by city ordinance such as bags of garbage on the property,
and the landlord allows this, can the city take action so the landlord will require his/her tenant to
comply with city ordinances.
City Attorney Drew Hilpert pointed out the city’s Habitual Offender ordinance could be used for this
purpose. The Habitual Offender ordinance is in city code, Article VIII, Offenses Against Public Order,
Chapter 18 – Miscellaneous Provisions and Offenses, Sec. 18-155 Habitual Offenders. This ordinance
states:
As used in this chapter, the term “habitual offender” shall be defined as a person who, after the
effective date of this ordinance, has at least three times in any 365 day period, or five times in
any 730 day period:
1. Been ordered to abate a code violation after a hearing (including a hearing for which the
person had notice but did not attend);
2. Has been convicted in municipal court for violation of:
a. Any violation of Chapter 21 of the City Code, or
b. Any violation of Chapter 8 of the City Code, or
c. Any violation of Chapter 5 of the City Code, or
d. Any violation of the following sections of the City Code:
(1) 18-75 Graffiti
(2) 22-30 Abandoned Motor Vehicles
(3) 29-18 Connection to public sewer required.
The ordinance goes on to state that if someone is found guilty of being a habitual offender they shall be
fined not less than $350.00 and not less than 30 days in jail. Also, the court can only suspend the
sentence by imposing probation, with the condition that the person posts a bond in the amount it will
cost to abate the nuisance.
If the property owner has been ordered to abate a nuisance three times, and did not comply, after
having an administrative hearing, or the owner has been convicted in municipal court three times of one
of the city codes cited in the Habitual Offender ordinance, the person is considered a Habitual Offender.
The property owner must be fined at least $350 and serve at least 30 days in jail. The only way the judge
can suspend the sentence is by putting the person on probation. But the property owner must post a
bond in the amount of what it will cost to abate the nuisance.
The other approach to dealing with these problems is using the city’s administrative process, which
allows someone due process. The offender is given notice of the problem. They have a certain amount
of time to respond. They can also request an administrative hearing. When someone responds to the
notice, and makes an effort to correct the problem, this process works. But for someone that uses the
administrative process to basically ignore and avoid their responsibility to maintain their property, the
process can drag on for a very long time, with little or no progress, as can be seen on the north side of
East Capitol Ave., and in many other neighborhoods in Jefferson City. Rather than allow someone who
does not intend to repair their property to evade the issue through the administrative process, city staff
should resort to using the Habitual Offender ordinance. Property owners may be more inclined to
comply with ordinances to avoid fines, jail and the requirement to post a bond. Currently if the property
owner ignores the notices of code violations, the city abates the problem (corrects it) and charges the
property owner. If the property owner fails to pay, the cost becomes a tax lien. The property owner can
ignore tax liens, until the property is sold, and the tax lien is taken from the proceeds of the sale. But as
long as the property owner owns the property, they can ignore the lien.
By addressing bad landlords, we can prevent additional properties from qualifying for the abandoned
property list. If a bad landlord is allowing code violations on their property, their property has a negative
impact on neighboring properties. Someone who owns a house next to a property like this, and tries to
rent or sell their home, will have trouble getting good tenants or any interested buyers because the
neighborhood looks bad. It is time to stop penalizing people who take care of their properties, and
taxpayers, and start penalizing people who are allowing their properties to violate codes and negatively
impact neighborhoods.