City of Strafford, MO Abandoned Property

Section 215.060 Removal of Abandoned Property.

[Ord. No. 527 §1, 3-1-2004; Ord. No. 747 §1, 8-17-2015]

Any Law Enforcement Officer of the City may authorize a towing company to remove to a place of safety:

Any abandoned property on municipal street or roadway located within the City limits of Strafford;

Any abandoned property on the right-of-way of any State highway which has been left unattended for more than forty-eight (48) hours; provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Subparagraph to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

Any unattended, abandoned property illegally left standing upon any highway, street, roadway or bridge within the City if the abandoned property is left in a position, or under such circumstances as to obstruct normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

Any property which has been abandoned under Section 577.080, RSMo.;

Any abandoned property which has been reported as stolen or taken without the consent of the owner;

Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal;

Any abandoned property which due to any State law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations; or

Any abandoned property left unattended in violation of a State law or local ordinance where signs have been posted giving notice of the law, or where the violation causes a safety hazard, or reasonably interferes with the use of the real property by the person in possession.

As used herein, "abandoned property" is meant to include unattended property for which a certificate of ownership or title has been issued by the State of Missouri, or any other State, including all motor vehicles, trailers, all-terrain vehicles, boats, vessels and outboard motors.

Section 215.070 General Provisions and Procedures.

[Ord. No. 527 §§2 — 8, 3-1-2004]

Any Law Enforcement Officer authorizing a tow pursuant to this Article in which the abandoned property is moved from the immediate vicinity, shall complete a crime inquiry and inspection report. The Law Enforcement Officer shall report the towing to the State Highway Patrol or the State Water Patrol within two (2) hours of the tow and make available to such agency the crime inquiry and inspection report as required by this Subsection.

Neither the Police Officer, the City nor anyone having custody of abandoned property under the direction of such Police Officer shall be liable for any damage to such abandoned property occasioned by a removal authorized by this Article, other than damages occasioned by negligence or willful or wanton acts or omissions.

The owner of any abandoned property removed as provided in this Article, or in any other ordinance, shall be responsible for the payment of all reasonable charges for towing and storage of such abandoned property.

Upon the towing of any abandoned property pursuant to this Article, or any other City ordinance, the Police Officer who authorized such towing shall promptly make an inquiry with the National Crime Information Center and any Statewide Missouri Law Enforcement Computer System to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to such towed property into the Statewide Law Enforcement Computer System. If the abandoned property is not claimed within ten (10) working days of the towing, the Police Department shall submit a crime inquiry and inspection report to the Director of Revenue. Any towing company located within the City limits still in possession of abandoned property after ten (10) working days shall report such information to the proper authorities, and shall proceed as required by State law. The crime inquiry and inspection report, referenced in this Article, shall be on a form as designed by the Director of Revenue, and the City shall submit the information requested thereon as required and set forth in Section 304.155.6, RSMo. A copy of the crime inquiry and inspection report for each towing shall be retained by the Police Department, and copies thereof shall be provided to the storage facility and/or towing facility so that the same may be retained by those facilities in accordance with the requirements of State law.

If the City retains control or physical possession of the abandoned property, the City shall obtain from the Director of Revenue the results of the crime inquiry and inspection report filed with such department. The City shall thereafter notify the owner and any lienholder, by certified mail, return receipt requested, of the following:

The name, address and phone number of the Police Department;

The date, reason and place from which the abandoned property was removed;

A statement that the amount of the accrued towing, storage and administration costs are the responsibility of the owner, and that the storage and/or administration costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

A statement that the City is claiming a possessory lien for all such storage and administrative costs together with any towing fees which may have been incurred by the City;

A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a security interest and paying all towing, storage and administrative fees and charges;

A statement that if the abandoned property remains unclaimed for thirty (30) days from the date of mailing of the notice, such property will be sold by the City pursuant to the provisions of Section 304.156.10, RSMo.;

A statement that any charges in excess of the value of the abandoned property at the time of such transfer and sale shall remain the liability of the owner.

In the event the City is notified by the Department of Revenue that its records have failed to disclose the name of the owner or any lienholder of record of such abandoned property, the City shall attempt to locate documents, or other evidence of ownership, on or within the abandoned property. The Police Department shall keep a written record of the nature and extent of all efforts undertaken. Any documents or other evidence of ownership or a lienholder located shall be forwarded to the Department of Revenue to assist in its effort to locate the owner or lienholder of such abandoned property.

Thirty (30) days after the notification form has been mailed to the abandoned property owner and/or holder of any security interest in such property, the City may proceed to sell any unredeemed abandoned property in accordance with the herein procedures. Any sale of abandoned property shall comply with the provisions of Section 304.156.10, RSMo. Such property may be offered for sale by any means deemed appropriate by the City, including advertisements, bids or posting. The transfer of ownership of the abandoned property shall be accomplished by means of a bill of sale signed by the City Clerk and sealed with the official municipal seal. Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property, if available, and shall be lawful proof of ownership for any dealer registered under the provisions of Section 301.218, RSMo., or Section 301.560, RSMo., or for any other person. Any dealer or other person purchasing such property from the City shall apply within thirty (30) days of such purchase for a certificate of ownership from the Department of Revenue.

Section 215.080 Towing of Abandoned Property On Public Real Property.

Any Law Enforcement Officer, or an official of the City where the City's real property is concerned, may authorize a towing company to remove to a place of safety:

Any abandoned property on the right-of-way of:

Any State highway or interstate highway or freeway in an urbanized area of the City left unattended for ten (10) hours, or after four (4) hours if a Law Enforcement Officer determines that the abandoned property is a serious hazard to other motorists;

Any State highway or interstate highway or freeway outside of an urbanized area of the City left unattended for more than forty-eight (48) hours, or after four (4) hours if a Law Enforcement Officer determines that the abandoned property is a serious hazard to other motorists;

provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Section to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice.

Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal.

Any abandoned property which has been abandoned under Section 215.060 herein or Section 577.080, RSMo.

Any abandoned property which has been reported as stolen or taken without consent of the owner.

Any abandoned property which due to any other State law or City ordinance is subject to towing because of the owner's outstanding traffic or parking violations.

Any abandoned property left unattended in violation of a State law or City ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

When the City Police Department authorizes a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity, it shall complete a crime inquiry and inspection report.

Any City agency other than the City Police Department authorizing a tow under this Section where property is towed away from the immediate vicinity shall report the tow to the City Police Department within two (2) hours of the tow, along with a crime inquiry and inspection report.