The Cole County Commission on Wednesday worked to clean up several code and ordinance issues.
Commissioners approved an updated wastewater ordinance and environmental protection safety code which provide them with the ability to address wastewater code violations similar to nuisance code violations, such as tall weeds and standing water.
In the past, the county's only enforcement mechanism was to turn a property owner over to the prosecuting attorney for possible legal action. Now, commissioners have the discretion to abate the wastewater violation in addition to turning the matter over to the prosecutor.
This update was done after the commissioners asked the Missouri attorney general's office to assist in efforts to get property owners on Landing Creek Road to clean up property where raw sewage had been leaking into ditches.
At that time last year, there was no law on the books to let the health department or commission take any action.
In other business Wednesday, commissioners learned that county officials will be reaching out to officials in incorporated areas regarding the enforcement of county ordinances.
According to the commission's attorney, Jill LaHue, county ordinances do not apply within the city limits of an incorporated city, town or village and consequently, county officials cannot enforce codes in those areas because it has no jurisdiction.
LaHue suggested officials in incorporated areas need to enact their own ordinances and any code enforcement in those areas will be based on that political subdivision's own code.
State laws, in contrast, apply everywhere within the state.
Any entity adopting the county's code does not confer any jurisdiction on the county.
"For most of these small towns/villages, it is easier and cheaper to do that rather than trying to come up with their own version or pay someone to write it," LaHue said. "They can hire their own people to enforce their code, as Jefferson City does, but here they are asking the county to allow its code inspectors, via a cooperative agreement, to do the inspections in their cities. The agreement may contain a provision that any inspection fees would go to the county, as is the case with the public works department and building code inspections."
If a property is found to be in violation of a community's ordinance or code, even if a county employee did the inspection under a cooperative agreement, it is up to that community to do its own enforcement action, according to LaHue. The violation would not be handled by the commission, which lacks jurisdictional authority to enforce other political subdivisions' ordinances.