[1]
Editor's Note — Ord. no. 2797 §1, adopted June 19, 2011, repealed art. IV "abandoned vehicles" sections 385.360 — 385.490 and enacted new provisions set out herein. Former sections 385.360 — 385.490 derived from ord. no. 1916 §1, 8-6-96. Prior to this, ord. no. 1916 §1, adopted August 6, 1996, amended art. IV. Former art. IV derived from CC §§21-62 — 21-74; ord. no. 1073 §§1, 3 — 5, 2-1-73.
Cross Reference — Offensive conditions, §225.060 et seq.
[Ord. No. 2797 §1, 6-19-2011]
For the purpose of this Article, the following definitions shall
apply:
Any vehicle which has been left on public streets, public
places or open lands, and
For which no arrangements have been made for storage with the
owner or occupant of the premises on which it is located;
Whose owner has indicated by his/her words or actions an intent
to leave the same and no longer claim ownership thereof; or
Any vehicles abandoned pursuant to Section 304.155.1, RSMo.
Any vehicle that is not registered or is improperly registered
with the State of Missouri and has been inoperable for more than seventy-two
(72) hours or is in such a state of repair as to be inoperable, except
those on the premises of duly licensed automobile repair or sales
business.
Any place or position so that an abandoned, non-operating
or junked vehicle is exposed to the public.
Any vehicle which is not immediately capable of being operated
under its own power at a designated speed. "Inoperable vehicles" shall include those with defective engines or motors, deflated tires,
body damage such that the vehicle may not run under its own power
or any other malfunction, disrepair or damage which prevents the normal
use of the vehicle.
Any person, firm, partnership, association, corporation or
organization of any kind.
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 purpose of vehicular traffic.
Any machine propelled by power other than human power designed
to travel along the ground by use of wheels, treads, runners or slides,
including, but not limited to, automobiles, trucks, trailers, motorcycles,
tractors, buggies, and wagons or any part thereof.
[Ord. No. 2797 §1, 6-19-2011]
No person shall abandon or permit the abandonment on public
or private property within the City of any vehicle owned by him/her,
under his/her control or in his/her possession at the time of abandonment.
[Ord. No. 2797 §1, 6-19-2011]
Any abandoned, damaged, disabled or inoperable vehicle or part
thereof located on any property, street or highway that presents or
could present a safety hazard, including, but not limited to, any
of the following: a danger to children, tall grass, weeds or other
vegetation, a fire hazard, a breeding place or nesting place for mosquitoes,
flies, rodents, stray pets, rats or other vermin; or any vehicle or
parts thereof that remains unmoved on any street or highway for seventy-two
(72) hours is hereby declared a public nuisance. It shall be unlawful
for any person to create or maintain a public nuisance as defined
herein. Irrespective of any action taken or authorized to be taken
herein by the Police Department to abate/tow an abandoned, damaged,
disabled or inoperable vehicle pursuant to this Chapter, nothing in
this Chapter shall prevent, supersede or limit the City's ability
to issue citations and other prosecution remedies as provided in the
Nuisance Chapter as well as all other applicable City Code Sections
prohibiting the maintaining of a nuisance.
[Ord. No. 2797 §1, 6-19-2011]
Nothing contained in this Article shall be deemed to prohibit the storage of inoperable vehicles or other vehicles otherwise deemed to constitute a public safety hazard, as described in Section 385.380 of this Article, which are kept in compliance with law completely enclosed within a locked building or fenced area and are not visible from adjacent public or private property, nor to any vehicles upon the property of a business licensed as a salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and all City ordinances.
[Ord. No. 2797 §1, 6-19-2011]
When the Chief of Police or his/her duly authorized representative
determines that any vehicle has been abandoned or is a nuisance as
defined herein, he/she shall notify the owner of the vehicle, if he/she
can be located, or the person in custody of said vehicle by mail,
telephone or personal service. The notice shall state that the vehicle
is deemed to be a public nuisance within the provisions of this Article
and shall state the facts deemed to constitute such vehicle as a public
nuisance within the terms of this Article, and state that the public
nuisance shall be abated or removed within the time specified within
said notice.
[Ord. No. 2797 §1, 6-19-2011]
When the owner or custodian of any public nuisance as defined
herein cannot be located by reasonable search, the notice shall be
attached to the vehicle stating that the vehicle is deemed to constitute
a public nuisance, and stating that the public nuisance shall be abated
or removed within the time specified in said notice.
[Ord. No. 2797 §1, 6-19-2011]
A.
Where
the existence of a vehicle on public property, private property or
on a street or highway is an immediate hazard and thereby constitutes
a public nuisance requiring prompt abatement, the Chief of Police
may, without notice, cause the same to be removed, and shall thereupon
notify the owner of the abandoned, damaged, disabled or inoperable
vehicle, if known, by certified mail of the location thereof, and
of the right of such owner to secure the return of possession of the
vehicle upon payment of the costs of removal and storage in conformance
with this Article. Nothing in this Section shall be construed to provide
the owner with a defense against any provision of this Article.
B.
In
the event the abandoned, damaged, disabled or inoperable vehicle creating
an immediate hazard is a commercial motor vehicle, as defined in Section
302.700, RSMo., the Law Enforcement Officer's authority under this
Subsection shall be limited to authorizing a towing company to remove
the commercial motor vehicle to a place of safety, except that the
owner of the commercial motor vehicle or the owner's designated representative
shall have a reasonable opportunity to contact a towing company of
choice. The provisions of this Subsection shall not apply to vehicles
transporting any material which has been designated as hazardous under
Section 5103(a) of Title 49, U.S.C.
[Ord. No. 2797 §1, 6-19-2011]
A.
A Law Enforcement Officer shall allow the owner or person in charge up to seventy-two (72) hours to comply with his/her directive to remove or abate the abandoned, damaged, disabled or inoperable vehicle or part thereof found in the street or highway, except that the Chief of Police may immediately remove any such vehicle or part thereof which impedes the flow of vehicular or pedestrian traffic or is hazardous to the safety of any passerby, pursuant to Section 385.430 of this Article.
B.
A Law Enforcement Officer shall allow the owner or person in charge up to thirty (30) days to comply with his/her directive to remove the abandoned, damaged or disabled or inoperable vehicle or part thereof found on any property not described in Subsection (A) above, except that the Chief of Police may immediately remove any such vehicle or part thereof which is hazardous to the safety of any passerby, pursuant to Section 385.430 of this Article.
C.
Covering
any vehicle declared to be a public nuisance under this Article shall
not be considered abatement of the nuisance.
[Ord. No. 2797 §1, 6-19-2011]
A.
Upon
failure of the owner or person in charge to comply with the Law Enforcement
Officer's notice and directive to remove the abandoned, damaged, disabled
or inoperable vehicle or part thereof found on public or private property
within the time provided in such notice, a Law Enforcement Officer
may authorize the towing of such vehicle to a storage area.
B.
Any
Law Enforcement Agency authorizing a tow pursuant to this Section
in which the abandoned, disabled, inoperable or damaged vehicle is
moved from the immediate vicinity shall complete a crime inquiry and
inspection report. The crime] inquiry and inspection report shall
be as designed by the Director of Revenue or as approved by the Chief
of Police and shall include the following:
1.
The year, model, make, and property identification number of the
vehicle and the owner and any lienholders, if known;
2.
A description of any damage to the vehicle noted by the officer authorizing
the tow;
3.
The license plate or registration number and the State of issuance,
if available;
4.
The storage location of the towed vehicle;
5.
The name, telephone number, and address of the towing company;
6.
The date, place, and reason for the towing of the vehicle;
7.
The date of the inquiry of the National Crime Information Center,
any Statewide Missouri law enforcement computer system and any other
similar system which has titling and registration information to determine
if the vehicle had been stolen. This information shall be entered
only by the Law Enforcement Agency making the inquiry;
8.
The signature and printed name of the officer authorizing the tow;
9.
The name of the towing company, the signature and printed name of
the towing operator, and an indicator disclosing whether the tower
has online access to the department's records; and
10.
Any additional information the Director of Revenue deems appropriate.
C.
Upon the towing, the Law Enforcement Officer shall promptly make an inquiry with the National Crime Information Center and any Statewide Missouri law enforcement computer system to determine if the abandoned, disabled, inoperable or damaged vehicle has been reported as stolen and shall enter the information pertaining to the towed vehicle into the statewide law enforcement computer system. If the abandoned, disabled, inoperable or damaged vehicle is not claimed within ten (10) working days of the towing, a Law Enforcement Officer shall make an inquiry to determine the vehicle owner and lienholder, if any, of record. In the event that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the Law Enforcement Officer shall comply with the requirements of Section 385.450(E) of this Article.
D.
The
Law Enforcement Officer shall keep one (1) copy of the crime inquiry
and inspection report in the agency's files. One (1) copy shall be
provided to and retained by the storage facility and one (1) copy
shall be retained by the towing facility in an accessible format in
the business records for a period of three (3) years from the date
of the tow or removal.
E.
Any person, including the City when the City tows or stores the abandoned, disabled, inoperable or damaged vehicle pursuant to this Article, who removes an abandoned, disabled, inoperable or damaged vehicle at the direction of a Law Enforcement Officer as provided in this Section shall have a lien for all reasonable charges for the towing and storage of the vehicle until possession of the vehicle is voluntarily relinquished to the owner of the vehicle or to the holder of a valid security interest of record. Any personal property within the abandoned, disabled, inoperable or damaged vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request. The company storing the abandoned, disabled, inoperable or damaged vehicle shall either release the personal property to the owner or allow the owner to inspect the abandoned, disabled, inoperable or damaged vehicle and provide an itemized receipt for the contents. The company storing the abandoned, disabled, inoperable or damaged vehicle shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the manner provided under Section 385.470 of this Article.
F.
The
owner of an abandoned, disabled, inoperable or damaged vehicle, or
the holder of a valid security interest of record, may reclaim the
vehicle from the towing company or storage facility upon proof of
ownership or valid security interest of record and payment of all
reasonable charges for the towing and storage of the abandoned, disabled,
inoperable or damaged vehicle.
G.
Neither
the Law Enforcement Officer nor anyone having custody of the abandoned,
disabled, inoperable or damaged vehicle under his direction shall
be liable for any damage to such vehicle occasioned by a removal authorized
by this Article, other than damages occasioned by negligence or by
willful or wanton acts or omissions. However, any damage caused to
the real property upon which such abandoned, disabled, inoperable
or damaged vehicle is located can be recovered by the real property
owner as provided in Section 304.158.3, RSMo.
[Ord. No. 2797 §1, 6-19-2011]
A.
No
person owning, in charge of or in control of any real property within
the City, whether as owner, tenant, occupant, lessee or otherwise,
shall allow any abandoned vehicle, partially dismantled, non-operating,
wrecked or junked vehicle or any vehicle in a state of substantial
disrepair to remain on such property longer than seventy-two (72)
hours. When any vehicle is in such a condition that it is no longer
operable, the person in charge or control, whether as the owner, tenant,
occupant, lessee or otherwise, of the property on which the abandoned,
damaged or inoperable vehicle is situated shall remove and dispose
of such abandoned, damaged or inoperable vehicle through a private
contractor by private means within seventy-two (72) hours and in compliance
with the procedures mandated by Sections 304.157 and 304.158, RSMo.
B.
Any towing company which tows an abandoned, damaged or inoperable vehicle without Police authorization as provided in Subsection (A) above shall comply with the procedures set out in Section 304.156 and Section 304.158, RSMo., including completing and submitting to the Law Enforcement Agency a copy of an abandoned property report.
C.
Any Law Enforcement Agency receiving an abandoned property report as required in Subsection (B) above shall comply with the requirements in Section 304.157.7 — .9, RSMo.
D.
Neither
the Law Enforcement Officer, local government agency nor anyone having
custody of abandoned, damaged or inoperable vehicle under his/her
direction shall be liable for any damage to such vehicle occasioned
by a removal authorized by this Section other than damages occasioned
by negligence or by willful or wanton acts or omissions. However,
any damage caused to the real property upon which such abandoned,
damaged or inoperable vehicle is located can be recovered by the real
property owner as provided in Section 304.158.3, RSMo.
[Ord. No. 2797 §1, 6-19-2011]
A.
Notice as to the removal of any abandoned, damaged or inoperable vehicle pursuant to Sections 385.430 and 385.440 of this Article shall be made in writing within five (5) working days to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which such vehicle has been removed by either:
1.
The Law Enforcement Agency authorizing the removal. If the abandoned,
damaged or inoperable vehicle is stored in any storage facility, even
if owned by the City, the Law Enforcement Agency shall send a copy
of the notice to the operator of the storage facility; or
2.
The towing company, where authorization was made by an owner or lessee of real property, pursuant to Section 385.440 of this Article. If the abandoned, damaged or inoperable vehicle is stored in any storage facility, the towing company shall send a copy of the notice to the operator of the storage facility. The notice provided for in this Section shall include the amount of mileage, if available, shown on such vehicle at the time of removal.
[Ord. No. 2797 §1, 6-19-2011; Ord. No. 2818 §1, 2-7-2012]
A.
Within five (5) working days of receipt of the crime inquiry and inspection report under Section 385.430 or the abandoned property report under Section 385.440 of this Article, the Director of Revenue shall comply with the search requirements of Section 304.156.1, RSMo., and within fifteen (15) working days notify the towing company of the name and address of the owner and any lienholder of record with a security interest.
B.
Any towing company or storage facility which comes into possession of an abandoned, damaged or inoperable vehicle pursuant to Section 385.440 of this Article and who claims a lien for recovering the cost for towing or storing the abandoned, damaged or inoperable vehicle shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the department pursuant to Subsection (A) of this Section. The towing company or storage facility shall notify the owner and any lienholder with a security interest of such lien within ten (10) business days of the date of mailing indicated on the notice sent by the Department of Revenue, by certified mail, return receipt requested. The notice shall contain the following:
1.
The name, address, and telephone number of the storage facility;
2.
The date, reason, and place from which the vehicle was removed;
3.
A statement that the amount of the accrued towing, storage, and administrative
costs are the responsibility of the owner, and that storage and/or
administrative costs will continue to accrue as a legal liability
of the owner until the vehicle is redeemed;
4.
A statement that the storage firm claims a possessory lien for all
such charges;
5.
A statement that the owner or holder of a valid security interest
of record may retake possession of the vehicle at any time during
business hours by proving ownership or rights to a secured interest
and paying all towing and storage charges;
6.
A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in Subsection (F) of this Section to contest the propriety of such towing or removal;
7.
A statement that if the vehicle remains unclaimed for thirty (30)
days from the date of mailing the notice, title to the vehicle will
be transferred to the person or firm in possession of the vehicle
free of all prior liens; and
8.
A statement that any charges in excess of the value of the vehicle
at the time of such transfer shall remain a liability of the owner.
C.
A towing
company may only assess reasonable storage charges for the abandoned,
damaged or inoperable vehicle towed without the consent of the owner.
Reasonable storage charges shall not exceed the charges for vehicles
which have been towed with the consent of the owner on a negotiated
basis. Storage charges may be assessed only for the time in which
the towing company of storage facility complies with the procedural
requirements of this Article and Section 304.158, RSMo. A towing and
storage lien shall be enforced as provided in this Article
D.
In
the event that the records of the Department of Revenue fail to disclose
the name of the owner or any lienholder of record, the department
shall notify the towing company which shall attempt to locate documents
or other evidence of ownership on or within the abandoned, damaged
or inoperable vehicle itself. The towing company must certify that
a physical search of the abandoned, damaged or inoperable vehicle
disclosed that no ownership documents were found and a good faith
effort has been made. For purposes of this Section, "good
faith effort" means that the following checks have been performed
by the company to establish the prior State of registration and title:
1.
Check of the vehicle for any type of license plates, license plate
record, temporary permit, inspection sticker, decal or other evidence
which may indicate a State of possible registration and title;
2.
Check the law enforcement report for a license plate number or registration
number;
3.
Check the tow ticket/report of the tow truck operator to see if a
license plate was on the vehicle at the beginning of the tow, if a
private tow; and
4.
If there is no address of the owner on the impound report, check
the law enforcement report to see if an out-of-state address is indicated
on the driver license information.
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If no ownership information is discovered, the towing or storage facility shall notify the Director of Revenue, and then title may be obtained in accordance with Subsection (G) of this Section.
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E.
Right To A Hearing.
1.
The owner of the abandoned vehicle removed or any person claiming a lien, other than the towing company or storage facility, within ten (10) days after the receipt of notification from the towing company pursuant to Subsection (A) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned, damaged or inoperable vehicle is stored to determine if such vehicle was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned, damaged or inoperable vehicle was removed. A copy of the petition shall be served on the Director of Revenue who shall not issue title to such abandoned, damaged or inoperable vehicle pursuant to this Section until the petition is finally decided.
2.
Upon filing of a petition in the Associate Circuit Court, the owner
or lienholder with a security interest of record may have the abandoned,
damaged or inoperable vehicle released upon posting with the court
a cash or surety bond or other adequate security equal to the amount
of the charges for towing and storage to ensure the payment of such
charges in the event he/she does not prevail. Upon the posting of
the bond and the payment of the applicable fees, the court shall issue
an order notifying the towing company of the posting of the bond and
directing the towing company to release the abandoned, damaged or
inoperable vehicle. At the time of such release, after reasonable
inspection, the owner or lienholder shall give a receipt to the towing
company reciting any claims for loss or damage to the abandoned, damaged
or inoperable vehicle or the contents thereof.
3.
Upon determining the respective rights of the parties, the final
order of the court shall provide for immediate payment in full of
recovery of the towing and storage fees incurred by the abandoned,
damaged or inoperable vehicle owner or lienholder of record or the
owner, lessee or agent thereof of the real property from which the
abandoned, damaged or inoperable vehicle was removed.
F.
City Sale. If the City has physical possession of the abandoned, damaged or inoperable vehicle, the City is authorized after thirty (30) days' notice to sell such abandoned, damaged or inoperable vehicle to the highest bidder in accordance with Section 385.460 of this Article only if the owner or lienholder of record has not requested a hearing pursuant to Subsection (F) of this Section and no satisfactory arrangement has been made with the City for continued storage. The City may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the City Seal. Such bill of sale shall contain the make and model of the abandoned, damaged or inoperable vehicle, the complete vehicle identification number, and the odometer reading, 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.
G.
Towing Company Sale. Any towing company that has complied with the notification provisions in this Article including notice that any property remaining unredeemed after thirty (30) days may be sold as scrap property may then dispose of such abandoned, damaged or inoperable vehicle as provided in this Subsection. Such sale shall only occur if at least thirty (30) days has passed since the date of such notification, the abandoned vehicle remains unredeemed with no satisfactory arrangements made with the towing company for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Subsection (F) of this Section. The towing company may dispose of the abandoned, damaged or inoperable vehicle by selling the property on a bill of sale as prescribed by the Director of Revenue to a scrap metal operator or licensed salvage dealer for destruction purposes only. The towing company shall forward a copy of the bill of sale provided by the scrap metal operator or licensed salvage dealer to the Director of Revenue within two (2) weeks of the date of such sale. The towing company shall keep a record of each such vehicle sold for destruction for three (3) years that shall be available for inspection by law enforcement and authorized Department of Revenue officials. The record shall contain the year, make, identification number of the vehicle, date of sale, and name of the purchasing scrap metal operator or licensed salvage dealer and copies of all notifications issued by the towing company as required Chapter 304, RSMo. Scrap metal operators or licensed salvage dealers shall keep a record of the purchase of such abandoned, damaged or inoperable vehicle as provided in Section 301.227, RSMo. Scrap metal operators and licensed salvage dealers may obtain a junk certificate as provided in Section 301.227, RSMo., on vehicles purchased on a bill of sale pursuant to this Section.
H.
Procedure For Storage And Towing Lienholder To Receive Title.
1.
Thirty (30) days after the notification form has been mailed to the abandoned, damaged or inoperable vehicle owner and the holder of a security agreement and the abandoned, damaged or inoperable vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Subsection (F) of this Section, such lienholder in possession of the abandoned, damaged or inoperable vehicle may apply to the Director of Revenue for a certificate. The application for title shall be accompanied by:
a.
An affidavit from the lienholder in possession that he has been in
possession of the abandoned, damaged or inoperable vehicle for at
least thirty (30) days and the owner of the abandoned, damaged or
inoperable vehicle or holder of a security agreement has not made
arrangements for payment of towing and storage charges;
b.
An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in Subsection (F) of this Section;
c.
A copy of the abandoned property report or crime inquiry and inspection
report; and
d.
A copy of the thirty (30) day notice given by certified mail to any
owner and person holding a valid security interest and a copy of the
certified mail receipt indicating that the owner and lienholder of
record was sent a notice as required in this Section; or
e.
A copy of the envelope or mailing container showing the address and
postal markings indicating that the notice was "not forwardable" or
"address unknown".
2.
If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with the search requirements of Subsection (E) of this Section before submitting an application to the Director of Revenue pursuant to Subsection (H)(1) of this Section.
3.
If the Director of Revenue is satisfied with the genuineness of the
application and supporting documents submitted pursuant to this Section,
the Director of Revenue shall issue a certificate as provided in Section
304.156.12, RSMo.
I.
If
an abandoned, damaged or inoperable vehicle is insured and the insurer
of such vehicle regards the abandoned, damage or inoperable vehicle
as a total loss and the insurer satisfies a claim by the owner for
such vehicle, then the insurer or lienholder shall claim and remove
the abandoned, damaged or inoperable vehicle from the storage facility
or make arrangements to transfer the title, and such transfer of title
subject to agreement shall be in complete satisfaction of all claims
for towing and storage, to the towing company or storage facility.
The owner of the abandoned, damaged or inoperable vehicle, lienholder
or insurer, to the extent the vehicle owner's insurance policy covers
towing and storage charges, shall pay reasonable fees assessed by
the towing company and storage facility. The abandoned, damaged or
inoperable vehicle shall be claimed and removed or title transferred
to the towing company or storage facility within thirty (30) days
of the date that the insurer paid a claim for the total loss of the
abandoned, damaged or inoperable vehicle or is notified as to the
location of such vehicle, whichever is the later event. Upon request,
the insurer of the abandoned, damaged or inoperable vehicle shall
supply the towing company and storage facility with the name, address,
and phone number of the insurance company and of the insured and with
a statement regarding which party is responsible for the payment of
the towing and storage charges under the insurance policy.
[Ord. No. 2797 §1, 6-19-2011]
A.
In addition to the notice required pursuant to Sections 385.445 — 385.450, prior to the sale of any abandoned, damaged or inoperable vehicle by the City pursuant to Section 385.450(F) of this Article, the Chief of Police shall cause to be posted in the City Hall, the place of storage, and at least one (1) other public place in the City notice of sale stating:
1.
The City is selling the abandoned, damaged or inoperable vehicle;
2.
The color, make, year, vehicle identification number, odometer reading,
if available, and any other information necessary for an accurate
identification of the vehicle;
3.
The terms of the sale; and
4.
The date, time, and place of the sale.
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This notice shall be posted not less than ten (10) and not more
than thirty (30) days prior to the date of sale. Proceeds from the
sale shall be deposited in the City's General Fund to offset costs
incurred by the City and to compensate the City for the services rendered
and shall further be deemed funds forfeited to the City by the abandonment
of the vehicle.
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[Ord. No. 2797 §1, 6-19-2011]
In the event payment of the costs and expenses for removal of
any abandoned, damaged or inoperable vehicle under the provisions
of this Article is not made on demand, such costs may be assessed
against the property on which such vehicle was located or against
the property of the record owner of such abandoned, damaged or inoperable
vehicle, as provided by law in the case of special assessments, and
such costs shall be collected by the City Collector as taxes assessed
against the property. Such costs and expenses shall, like taxes, be
a first (1st) lien on the property affected thereby until paid.
[Ord. No. 2797 §1, 6-19-2011]
A.
The
Chief of Police or his/her duly authorized representative may enter
upon private property for inspection for the purpose of removing any
abandoned, disabled or inoperable vehicle in accordance with this
Article. If any person refuses to allow entry onto private property,
the Chief of Police may obtain a warrant from the proper official
and proceed in accordance therewith.
B.
Except
for the removal of the abandoned, inoperable or damaged vehicle authorized
by a Law Enforcement Agency, a towing company shall not remove or
commence the removal of such a vehicle from private property without
first obtaining written authorization from the property owner. The
towing company shall maintain all written authorizations for at least
one (1) year. General authorization to remove or commence removal
of an abandoned, inoperable or damaged vehicle at the towing company's
discretion shall not be delegated to a towing company or its affiliates
except in the case of a vehicle unlawfully parked within fifteen (15)
feet of a fire hydrant or in a fire lane designated by a Fire Department.
C.
Nothing
herein shall be interpreted to authorize the taking of property in
violation of any law or any taking of property under circumstances
requiring compensation.
[Ord. No. 2797 §1, 6-19-2011]
Any person violating any of the provisions of this Article shall
be deemed guilty of a misdemeanor and be subject to a fine not to
exceed five hundred dollars ($500.00), be imprisoned for a period
not to exceed ninety (90) days, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punished as such hereunder.
