[R.O. 2016 § 220.060; CC 1994 § 34.200; Ord. No. 288-99 § 1, 8-10-1999]
The following words and phrases,
when used in this Article, shall have the meanings respectively ascribed
to them:
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or is improperly registered
with the State, 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 a duly licensed automobile repair or sales
business, or in a duly licensed automobile junk yard.
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth
or other waste or discarded material of any nature or substance whatsoever,
or scrap or salvage materials.
TRASH
Any metal, glass, paper, rags, wood, machinery parts, cloth
or other waste or discarded material of any nature or substance whatsoever,
or scrap or salvage materials, which is of no or nominal economical
value.
[Ord. No. 1412-21, 5-11-2021]
VEHICLES
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,
motorized bicycles, tractors, buggies and wagons or any part thereof.
[R.O. 2016 § 220.070; CC 1994 § 34.205; Ord. No. 288-99 § 1, 8-10-1999; Ord. No. 381-01 §§ 1
— 2, 11-13-2001]
A. The parking or storing of any motor vehicle
or trailer which is not currently and legally licensed under the Statutes
of this State is prohibited, unless such motor vehicle or trailer
is:
[Ord. No. 1408-21, 5-11-2021]
1. Inside a wholly enclosed structure;
2. Screened from view by an approved fence sufficient to screen such
vehicle or trailer from view from any public property; or
3. Parked wholly on private property and covered by a fitted vehicle
cover, in good repair, which covers the entirety of the vehicle.
B. This Section shall not apply to any motor
vehicle or trailer being displayed for sale and which is in such condition
as to pass inspection under the Missouri Motor Vehicle Safety Inspection
Statutes and Regulations promulgated thereunder providing such vehicle
or trailer is on a new or used car or trailer lot duly licensed by
the State of Missouri and the ordinances of this City.
C. This Section shall not apply to any house
trailer which is permanently affixed to City utilities and is used
as a residence.
[R.O. 2016 § 220.080; CC 1994 § 34.205; Ord. No. 288-99 § 1, 8-10-1999]
A. Any damaged or disabled vehicle or part
thereof, or junk allowed to remain on any property, street, or highway
for seventy-two (72) hours, is hereby declared a public nuisance.
B. It shall be unlawful for any person to create or maintain any nuisance defined in Subsection
(A).
[R.O. 2016 § 220.090; CC 1994 § 34.210; Ord. No. 288-99 § 1, 8-10-1999]
It shall be unlawful for any person
to use and maintain real property within the City limits for the storage
of scrap metal, junk or disassembled, abandoned materials composed
of fiber, paper, plastic, ferrous or non-ferrous materials, including
lumber, wood, coal, rock, rubbish or other materials or substance
outside the confines of a building situated thereupon, except as provided
for in the Zoning Code.
[R.O. 2016 § 220.100; CC 1994 § 34.215; Ord. No. 288-99 § 1, 8-10-1999; Ord. No. 1412-21, 5-11-2021]
A. Liability — Abatement. Whenever any of the nuisances, including junk and/or trash, described in Article
I or
II of this Chapter shall exist in violation of the City Code on any part of any real estate within the City, all owners of the real estate shall be liable.
B. Notice And Order To Abate. Enforcement
may include providing notice to all owners of the real estate upon
which the nuisance, junk and/or trash exists. The notice may be delivered
by personal service, by certified mail, or by ordinary mail. If sent
by ordinary mail, there will be a refutable presumption that the letter
was delivered five (5) days after the date it was sent. The notice
shall generally describe the nature of the nuisance, junk and/or trash,
the location of the real estate, and order the real estate owner to,
within a period of seven (7) days from the receipt of the notice,
begin removing or abating the nuisance, junk and/or trash and to thereafter
continue to pursue the removal or abatement without unnecessary delay.
C. Request For Hearing. Any owner who wishes to challenge the order
of abatement may do so, provided that within the seven-day period
he/she/it requests a hearing on the validity of the order to take
place in front of the Park Hills City Administrator. If no such request
is made within the seven-day time period, the order becomes final
and is not subject to challenge elsewhere. The request for a hearing
must be in writing and be received by the Park Hills City Administrator
within the seven-day period, but otherwise no particular formality
is required. Notice to the real estate owner of his/her right to request
such hearing shall be given by including a copy of this Article with
any notice sent under authority of this Section.
D. Abatement Of Nuisance, Junk And/Or Trash. If the owner has not begun removing or abating the nuisance, junk and/or trash within seven (7) days after receiving the notice, or if the owner fails to pursue the removal of such nuisance, junk and/or trash without unnecessary delay, the City Administrator shall cause the same to be abated by collecting and disposing of said trash by taking it to an appropriate dump site or transfer station, and disposing of any other personal property in accordance with Section
220.120, and shall certify the costs of same to the City Clerk.
E. Ordinance Violation. An owner who fails to begin removing or abating
the nuisance, junk and/or trash within seven (7) days after receiving
the notice, or if the owner fails to pursue the removal of such nuisance,
junk and/or trash without unnecessary delay, shall be deemed guilty
of a separate offense of failing to abate nuisance, junk and/or trash
and, upon conviction, shall be punished as provided in the City Code.
Every day such nuisance, junk and/or trash is maintained after such
notice shall constitute a separate and distinct offense.
F. Tax Bill. The City Clerk and/or Finance Officer shall cause the certified
cost of such abatement to be included in a special tax bill or added
to the annual real estate tax bill, at the collecting official's option,
for the real estate, and the certified cost shall be collected in
the same manner and procedure for collecting real estate taxes. If
the certified cost is not paid, the special tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The special tax bill
from the date of its issuance shall be deemed a personal debt against
all owners of the real estate and shall also be a first lien on the
real estate until paid. The special tax bill shall be prima facie
evidence of the recitals therein and of its validity, and no clerical
error or informality in the same, or in the proceeding leading up
to the issuance, shall be a defense thereto. Such special tax bill,
if not paid within thirty (30) days after issuance, shall bear interest
at the rate of eight percent (8%) per annum.
G. Nuisance,
including junk or trash, abatement fee schedule with a 1-hour minimum
fee and charged at 30-minute increments thereafter.
[Ord. No. 1458-22, 2-8-2022; Ord. No. 1586-24, 7-9-2024]
1.
Backhoe, brush hog, skid steer, garbage
truck, dump truck, high lift, bucket truck, or similar equipment (each):
one hundred dollars ($100.00) per hour.
2.
Mowers, trucks and trailers (each):
seventy-five dollars ($75.00) per hour.
3.
Chainsaw, limb saw, weed eater (each):
fifty dollars ($50.00) per hour.
4.
Cleanup (trash pickup, blower use,
labor), (each person): twenty-five dollars ($25.00) per hour.
5. Administrative fee: thirty dollars ($30.00) per job.
[R.O. 2016 § 220.110; CC 1994 § 34.220; Ord. No. 288-99 § 1, 8-10-1999]
When the owner or custodian of any
nuisance defined in this Chapter cannot be located by reasonable search,
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 twenty (20) days of the date notice
was posted or, if the vehicle is on public property, within seven
(7) days of the date notice was posted.
[R.O. 2016 § 220.120; CC 1994 § 34.225; Ord. No. 288-99 § 1, 8-10-1999; Ord. No. 1412-21, 5-11-2021]
If not removed within the times specified in the notice, the
vehicle or junk, other than trash, shall be transported to a storage
area by or at the direction of the City Administrator or his/her duly
authorized representative at the expense of the owner or person in
custody thereof. It 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 or junk is unredeemed
after the expiration of the thirty-day period, the City Administrator
or his/her authorized representative 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 or junk shall be applied to
the expenses charged to the owner or person in charge thereof.
[R.O. 2016 § 220.130; CC 1994 § 34.230; Ord. No. 288-99 § 1, 8-10-1999]
Prior to the sale of any nuisance
property, the City Administrator or his/her duly authorized representative
shall cause to be published in a newspaper of general circulation
within the City a notice of sale stating that the City is selling
the 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; the date, time
and place of the sale. This notice shall be published not less than
ten (10) days nor more than thirty (30) days prior to the date of
the sale.