City of Washington, MO Chapter 235 Damaged or Disabled Motor Vehicles or Junk [1]

[1] Editor's Note: Former Ch. 235, adopted 11-6-1989 by Ord. No. 6757, was repealed 6-18-2012 by Ord. No. 12-11015.

Section 235.010 Definitions; Junk Declared A Nuisance; Notice And Abatement.

[R.O. 1992 § 235.010; Ord. No. 12-11015 §§ 1—2, 6-18-2012; Ord. No. 21-13276, 3-15-2021]

A. The following definitions shall apply in the interpretation and enforcement of this Chapter:

JUNK

Debris of any kind, weed cuttings, cut, fallen, or hazardous trees and shrubs, overgrown vegetation, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material or condition which is unhealthy or unsafe and declared to be a nuisance.

PERSON

Any person, corporation or other legal entity.

PROPERTY

Any land owned by the City or located within the City limits, including streets and highways.

STREET or HIGHWAY

The entire area between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.

B. Any junk located on any property, street, or highway is a public nuisance.

C. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (B).

D. Whenever the Chief of Police or his/her duly authorized representative determines that any junk is a nuisance, as defined herein, he/she shall cause a written notice to be served upon the owner of the junk, if he/she can be located, or the person in custody of such junk by mail or by personal service. The notice shall state that the junk is deemed to be a nuisance within the provisions of Subsection (B), and shall briefly state facts deemed to constitute such junk a nuisance within the terms of this Chapter, and state that the nuisance shall be abated within seven (7) days from receipt of such notice. Receipt of notice when notice is by mail is twenty-four (24) hours after mailing.

E. When the owner or custodian of any nuisance, as defined in Subsection (B), cannot be located by reasonable search, the notice shall be attached to the property, briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within seven (7) days of the date notice was posted.

F. Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.

G. If the owner, lessee, or person in charge of property for which a notice to abate has been issued, fails to remove or abate the public nuisance in the time specified, the City may elect to abate the public nuisance in which case the City shall notify the owner, lessee, or person in charge of the property, in writing, a minimum of four (4) days in advance of the date, time, and location of an abatement hearing. The Chief of Police or his/her designated representative shall be the Hearing Officer. The Hearing Officer shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The Hearing Officer shall review all evidence and may issue an order to abate the nuisance allowing at least five (5) business days after the hearing for abatement to be complete. The order shall include authorization for the City to immediately enter the property and to remove the public nuisance and assess costs pursuant to this Section if such public nuisance is not removed within the time allotted after the abatement hearing.

H. If the Chief of Police or his/her duly authorized representative causes such condition to be removed or abated, the cost of such removal or abatement shall be certified to the City Clerk who shall cause the certified cost to be included in special tax bill or added to the annual real estate tax bill for the property and the certified cost shall be collected by the Collector collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified costs is not paid, the tax bill shall be considered delinquent and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.