State Law Reference — Disposition of vehicles left unattended on highways, §304.155, RSMo.
[R.O. 2007 §20-41; Ord. No. 6236 §2, 1-18-2000]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- ABANDONED VEHICLE
- Any motor vehicle that has been left on any street or highway or on any property, public or private, for which no arrangements have been made for its storage with the owner or occupants of the premises on which it is located; or whose owner has indicated by his/her words or actions an intent to leave the same and no longer claim ownership thereof.
- DERELICT VEHICLE
- Any motor vehicle that is abandoned, unlicensed, unattended, damaged, wrecked, burned, partially dismantled, non-operating, stripped or junked. The term "derelict vehicle" shall not, however, include a vehicle that fails to display current registration as required by law but is otherwise legal under this Chapter.
[R.O. 2007 §20-42]
No person shall abandon or permit the abandonment on public or private property within the City of any motor vehicle owned by him/her or under his/her control or in his/her possession at the time of abandonment.
[R.O. 2007 §20-43; Ord. No. 3246 §1, 2-15-1965; Ord. No. 5084 §1, 4-6-1987; Ord. No. 5282 §1, 6-5-1989]
Any abandoned, unlicensed, unattended, damaged, wrecked, burned, partially dismantled, non-operating or junked vehicle or any part thereof located on any property, street or highway, which presents a hazard to children or harbors tall grass, weeds or other vegetation or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin; or any vehicle or part thereof allowed to remain unmoved on any street or highway for forty-eight (48) hours is a public nuisance.
[R.O. 2007 §20-43.1; Ord. No. 5282 §2, 6-5-1989]
Unsheltered storage of old, unused, abandoned, unlicensed, unattended, burned, partially dismantled, damaged, non-operating, stripped, wrecked, junked and/or other automobiles not in good and safe operating condition and of any other vehicles, machinery, implements and/or equipment of any kind which are no longer safely usable for the purposes for which they were manufactured is hereby declared to be a nuisance and dangerous to the public safety.
The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of the City upon which such storage is made and also the owner, owners and/or lessees of said vehicles involved in such storage, shall jointly and severally abate said nuisance by the prompt removal of said vehicles into completely enclosed buildings authorized to be used for such storage purposes, if within the corporate limits of the City or otherwise remove such vehicles to a location outside the said corporate limits.
[R.O. 2007 §20-44; Ord. No. 5084 §2, 4-6-1987]
It shall be unlawful for any person to create or maintain a nuisance as defined in this Chapter.
[R.O. 2007 §20-45; Ord. No. 5084 §3, 4-6-1987; Ord. No. 7171 §2, 4-5-2010]
Whenever the Chief of Police or his/her duly authorized representative determines that any vehicle is a nuisance as defined in this Chapter, he/she shall cause written notice to be served upon the owner of the vehicle, if such owner can be located, or the person in custody of such vehicle, by U.S. mail service or personal service. The notice shall state that the vehicle is deemed to be a nuisance within the provisions of Section 385.030 of this Chapter and shall briefly state facts deemed to constitute such a vehicle 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.
[R.O. 2007 §20-46; Ord. No. 3246 §2, 2-15-1965; Ord. No. 5084 §4, 4-6-1987; Ord. No. 7171 §3, 4-5-2010]
When the owner or custodian of any nuisance as defined in this Chapter cannot be located by reasonable search or refuses to accept mailed notification, 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 the notice was posted.
[R.O. 2007 §20-47; Ord. No. 3246 §3, 2-15-1965]
The person in charge or control of the property upon which an abandoned vehicle is located shall pay and be jointly and severally liable for all costs incurred by the City in effecting the removal of such vehicle.
[R.O. 2007 §20-48]
In the event that payment of the costs and expenses of removal of any vehicle under the provisions of this Chapter is not made on demand, such costs shall be assessed against the property on which such vehicle was located as provided by law in the case of special assessments, and such costs shall be collected by the 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.
[R.O. 2007 §20-49; Ord. No. 5084 §5, 4-6-1987]
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.
[R.O. 2007 §20-50; Ord. No. 5084 §6, 4-6-1987]
If not removed within the times specified in the notice, the vehicle shall be transported to a storage area by or at the direction of the Chief of Police or his/her duly authorized representative at the expense of the owner or person in custody thereof, but such action by the Chief of Police or his/her representative shall not provide a defense or excuse to the person in charge or control of such property for failure to comply with this Chapter. The vehicle shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle is unredeemed after the expiration of the thirty (30) day period, the Chief of Police may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle shall be turned over to the Treasurer and shall be added to the City's general revenue funds.
[R.O. 2007 §20-51]
Nothing contained in this Chapter shall be deemed to prohibit the storage of motor vehicles in disrepair in an enclosed building.
[R.O. 2007 §20-52; Ord. No. 5084 §7, 4-6-1987]
Prior to the sale of any such property, the Chief of Police shall cause to be posted in City Hall, at the place of storage and at least one (1) other public place in the City a notice stating:
The City is selling abandoned property;
The color, make, year, motor number and serial number, if available, and any other information necessary for an accurate identification of the property;
The terms of the sale; and
The date, time and place of the sale.
This notice shall be posted not less than ten (10) nor more than thirty (30) days prior to the date of the sale.
[R.O. 2007 §20-53; Ord. No. 5084 §8, 4-6-1987]
The Chief of Police or his/her duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle in accordance with this Chapter. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith.
[R.O. 2007 §20-54; Ord. No. 5084 §9, 4-6-1987]
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. Each day of violation shall be deemed a separate offense.