Cross Reference — As to the sale of abandoned vehicles and property, see Ch. 202; as to property maintenance code, §500.025.
[Ord. No. 89 §1, 1-7-1967]
As used in this Chapter, unless the context requires otherwise, the following terms shall have these prescribed meanings:
ABANDONED
Left unoccupied and unclaimed or in a damaged or dismantled condition upon the streets, alleys or public parking lots of the City.
CITY
The City of Peculiar, Missouri.
CHIEF OF POLICE
Includes any authorized Law Enforcement Officer of the City.
COSTS
The expense of removing, storing or selling an impounded vehicle.
ENCLOSED AREA
Any area which is inaccessible to the public view.
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth, or other waste or discarded material of any nature or substance whatsoever, or any scrap or salvage materials.
OWNER
Any individual, firm, corporation or unincorporated association with a claim either individually or jointly, of ownership or any interest, legal or equitable, in a vehicle.
PROPERTY
Any real property within the City limits which is not a street or highway.
STREET OR HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
VEHICLE
A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and wagon, or any part or portion thereof.
[1]
Editor's Note — Ord. no. 071707A §1, adopted July 17, 2007, repealed sections 235.020 "wrecked, damaged or demolished motor vehicles or junk", 235.030 "making it unlawful to maintain such nuisance", 235.040 "notice by chief of police", 235.050 "the duty of owner or custodian on receipt of notice", 235.060 "tearing down, stripping, junking, storage, repair, or servicing of vehicles prohibited", 235.070 "definition" and 235.080 "entry on private property to enforce chapter". Former sections 235.020 — 235.080 derived from ord. no. 89 §2 — 8, 1-7-1967.
[Ord. No. 89 §9, 1-7-1967]
A. 
A. It shall be the duty of the Police Department, whenever a vehicle is found abandoned upon the streets or alleys in the same position for a period of forty-eight (48) hours to:
1. 
Make a routine investigation to discover the owner and request removal of the vehicle, and
2. 
If the owner is not found, to place a notice upon the windshield, or some other part of the vehicle easily seen by the passing public.
B. 
Such notice shall state that the Police Department will remove and impound the vehicle under the provisions of this Chapter within twenty-four (24) hours of the day of the posting, unless:
1. 
The owner remove the vehicle; or
2. 
Good cause is shown, satisfactory to the City Police why such vehicle should not be removed by the owner or removed and impounded by the City.
[Ord. No. 89 §10, 1-7-1967]
A. 
An abandoned vehicle which remains in the same position for a period of twenty-four (24) hours after a notice to remove has been posted upon such vehicle, and no person has appeared to show good cause why such vehicle should not be moved, shall constitute a nuisance.
B. 
It shall be the duty of the Police Department to remove any vehicle which shall constitute a nuisance, under the provisions of this Chapter, and store such vehicle upon City property or store the same in a private garage pending investigation into the ownership of such vehicle.
C. 
The Police Department, after impounding any vehicle in accordance with the provisions of this Chapter shall:
1. 
Make a diligent inquiry as to the name and address of the owner of the vehicle.
2. 
Examine such vehicle for license number, motor number, serial number, make, style, and any other information which will aid in the identification of the ownership of the vehicle, and
3. 
Thereafter, immediately transmit all available information pertaining to such vehicle to the Secretary of State of Missouri, with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with the office of the Secretary of State of the State of Missouri.
D. 
If the owner is identified, he shall be notified immediately by registered mail that such vehicle is held by the Police Department of the City. The notice to the owner shall also state:
1. 
The reason for impounding the vehicle.
2. 
The existing costs charged against the vehicle.
3. 
An estimate of future costs, including the cost of advertising the vehicle for sale, and
4. 
That unless the owner redeems the vehicle within ten (10) days of the day of mailing the notice if the address of the owner is within the State of Missouri or within twenty (20) days of the day of mailing the notice if the address of the owner is without the State of Missouri and pays all the costs, the vehicle:
a. 
Will be advertised for sale, in accordance with Section 235.130 of this Chapter; and,
b. 
Will be sold at a public auction, at a definite time and place within the City to the highest and best bidder for cash.
[Ord. No. 89 §11, 1-7-1967]
A. 
If the owner cannot be identified after compliance with Section 235.040, or no claim is made by a notified owner within the time specified by Section 235.100 D(4) of this Chapter, the Chief of Police shall cause to be published in a newspaper of general circulation within the County a notice of sale. The notice of sale shall state:
1. 
The sale is of abandoned property in possession of the City.
2. 
A description of the vehicle, including the type, make, motor number, serial number, and any other information which will aid in accurately identifying the vehicle.
3. 
The terms of the sale, and
4. 
The date, time and place of the sale.
B. 
The notice of sale shall be published two (2) times, the first (1st) publication shall be made not less than fifteen (15) days prior to the date of the proposed sale, and the second (2nd) shall be made not more than seven (7) days prior to the date of the proposed sale.
[Ord. No. 89 §12, 1-7-1967]
A. 
An owner may redeem a vehicle impounded under the provisions of this Chapter, before a sale has taken place, by applying to the Police Department, whereupon he shall:
1. 
Submit evidence of his ownership or interest in the vehicle, satisfactory to the Chief of Police, that such claim is rightful, and
2. 
Pay the costs due and owing at the time the application to redeem is made.
B. 
Upon compliance with Subsection (A) of this Section, the Chief of Police shall execute a receipt for the owner and cause the vehicle to be returned to him.
[Ord. No. 89 §13, 1-7-1967]
A. 
If no claim shall have been made to redeem an impounded vehicle before the time set for the sale of such vehicle, the Chief of Police shall hold a sale at the time and place appointed within the view of the vehicle to be sold.
B. 
The vehicle shall be sold to the highest and best bidder, providing that if no bids are entered, or those bids which are entered are less than the costs incurred by the City, the Chief of Police shall enter a bid on behalf of the City in an amount equal to such costs.
C. 
The proceeds of such sale shall be applied:
1. 
To the payment of costs incurred by the City, and
2. 
The balance, if any, shall be transferred to the City Clerk of the City to be credited to the General Fund.
[Ord. No. 89 §14, 1-7-1967]
A. 
At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale, in duplicate, the original of which shall be delivered to the purchaser, and the copy thereof filed with the City Clerk of the City.
B. 
The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance No. ____ entitled "An Ordinance for the Impounding and Disposition of Abandoned Vehicles" and pursuant to due notice of the time and place of sale, I did on the ____ day of ______________, 19___, sell at public auction to _______________________________ for the sum of $___________ cash, he being the highest and best bidder, and that being the highest and best sum bid therefor, the following described personal property, to-wit:
(brief description of the property)
 
 
And in consideration of the payment of the said sum of $__________________, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
Dated this ____ day of _______________, 19___.
________________________________
Note: The City of Peculiar, Missouri, assumes no responsibility as to the condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the City is limited to the return of the purchase price.
[Ord. No. 89 §15, 1-7-1967]
Upon such sale being consummated, the Chief of Police shall deliver the vehicle and the certificate of sale to the purchaser. Such sale and conveyance shall be without redemption.
[Ord. No. 89 §16, 1-7-1967]
The Chapter shall apply to all abandoned vehicles now in the possession of the City as well as to all such vehicles as may hereafter be impounded.
[Ord. No. 89 §18, 1-7-1967]
A. 
Where the Board of Aldermen selects a private garage, the Board shall also establish reasonable fees for such services by resolution with the following conditions:
1. 
The City shall not be liable for services rendered by a private garage from any source other than such amounts as may be collected from the owner on redemption, or from a purchaser upon sale, after the City shall have deducted its expenses, unless the City shall be the purchaser of the vehicle.
2. 
No lien shall be created by this Chapter in favor of the private garage upon the vehicle for such services.
3. 
The vehicle shall not be released from the private garage except upon a receipt, signed by the Chief of Police proffered by the purchaser.