[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:
Left unoccupied and unclaimed or in a damaged or dismantled
condition upon the streets, alleys or public parking lots of the City.
The City of Peculiar, Missouri.
Includes any authorized Law Enforcement Officer of the City.
The expense of removing, storing or selling an impounded
vehicle.
Any area which is inaccessible to the public view.
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.
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.
Any real property within the City limits which is not a 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.
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17, 2007, repealed sections 235.020 "wrecked, damaged or demolished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:
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:
[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:
[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:
[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.
[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:
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CERTIFICATE OF SALE
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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:
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(brief description of the property)
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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.
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Dated this ____ day of _______________, 19___.
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________________________________
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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.
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[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.
