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:
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.
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]
A.
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.
B.
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]
A.
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:
1.
The City is selling abandoned property;
2.
The color, make, year, motor number and serial number, if available,
and any other information necessary for an accurate identification
of the property;
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) nor more
than thirty (30) days prior to the date of the sale.
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[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.
