[Ord. No. 2016-1202 § 1, 10-17-2016]
A.
A junked vehicle, including a part of a junked vehicle, that is visible
at any time of the year from a public place or public right-of-way
is detrimental to the safety and welfare of the general public, tends
to reduce the value of private property, invites vandalism, creates
a fire hazard, is an attractive nuisance, creates a hazard to the
health and safety of minors, and is detrimental to the economic welfare
of the Town by producing urban blight which is adverse to the maintenance
and continuing development of the Town, and such vehicles are therefore
declared to be a public nuisance.
B.
"Junked vehicle" is defined as a vehicle that:
[Ord. No. 2016-1208 § 1, 12-5-2016]
1.
Was designed to be self-propelled; and
2.
Is wrecked, dismantled, or partially dismantled, or discarded;
or
3.
Is substantially disfigured, damaged, or disintegrated; or
4.
Is ruined, destroyed or demolished; or
5.
Is inoperable or has remained inoperable for more than seventy-two
(72) consecutive hours if on public property or thirty (30) days if
on private property, or
6.
Is not registered or is improperly registered within this State,
or is not displaying current proper license plates.
[Ord. No. 2016-1202 § 2, 10-17-2016]
A.
This Chapter shall not apply to:
1.
A vehicle which is completely enclosed within a building or
fenced area in a lawful manner where it is not visible from the street
or other public or private property.
2.
A vehicle which is stored or parked in a lawful manner upon
the private property of a business licensed as salvage, swap, junk
dealer, towing or storage facility, provided that:
[Ord. No. 2016-1202 § 3, 10-17-2016]
B.
Procedure For Abatement Or Removal. After a determination is made
that a particular vehicle is a public nuisance, there shall be notice
given, stating the nature of the public nuisance, that it must be
removed and abated not later than the tenth day after the date on
which the notice was either personally served, or sent via certified
mail, return receipt requested, to:
1.
The last known registered owner of the vehicle, all lienholders
of record, and the owner or occupant of the private premises whereupon
such public nuisance exists, if the public nuisance exists upon private
property; or
2.
The last known registered owner of the vehicle, all lienholders
of record, and the owner or occupant of property adjacent to the public
property or public right-of-way whereupon such public nuisance exists,
if the public nuisance exists upon public property or a public right-of-way.
3.
If the address of the last known registered owner of the vehicle
is unknown, notice shall be placed on the nuisance vehicle. If the
notice is returned undeliverable by the United States Postal Service,
official action to abate such nuisance shall be continued to a date
not earlier than the 11th day after the date of such return.
C.
Public Hearing. There shall be a public hearing prior to the removal
of the vehicle as a public nuisance if such hearing is requested by
(1) the last known registered owner of the vehicle; (2) any lienholder
of record of the vehicle; (3) the owner or occupant of the public
or private premises on which the vehicle is located; (4) the owner
or occupant of the premises adjacent to the public right-of-way on
which said vehicle is located; or (5) the Police Department. The public
hearing shall be held before the Mayor or his/her designee, not earlier
than the 11th day after the date of the service of notice to abate
the nuisance. At the hearing, the vehicle which is the subject of
the public nuisance hearing is presumed to be inoperable unless otherwise
demonstrated by the owner.
D.
Relocation Within The Town. The relocation of a junked vehicle that
is a public nuisance to another location within the Town, after a
proceeding for the abatement and removal of such vehicle has commenced,
has no effect on the proceeding if the vehicle constitutes a public
nuisance at the new location.
E.
Failure To Abate Or Remove Public Nuisance. A citation may be issued and a complaint may be filed in the Municipal Division of the Circuit Court of Carroll County, Missouri for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in Subsection (B) above.
[Ord. No. 2016-1202 § 4, 10-17-2016]
A.
Resolution Or Order Of Removal. Any resolution or order requiring
the removal of a nuisance vehicle must include the vehicle's
description, vehicle identification number, and license plate number
if the information is available at the location of the nuisance. A
judge of the Municipal Division of the Circuit Court of Carroll County
may issue necessary orders to enforce the procedures for the abatement
and removal of a public nuisance under this Chapter.
B.
Notice To Owner Or Lienholders Of Record. Notice as to the removal
of a nuisance vehicle shall be made, in writing, by the Mayor or his/her
designee within five (5) business days of a determination that the
vehicle is a public nuisance, to the last known registered owner and
any lienholder of record of the fact of the removal, the grounds for
removal, and place to which the vehicle has been removed.
[Ord. No. 2016-1202 § 5, 10-17-2016]
If the last known registered owner or any lienholder of record does not abate or remove the public nuisance, and fails to contact the Mayor or his/her designee upon removal of the public nuisance, the vehicle will be considered abandoned, and Chapter 385, Abandoned Vehicles, will apply.
[Ord. No. 2016-1202 § 6, 10-17-2016]
Any Peace Officer, Code Enforcement Officer or other regularly
salaried, full-time Town employee is authorized to enforce this Chapter.
[Ord. No. 2016-1202 § 7, 10-17-2016]
A.
The expense incurred in correcting the public nuisance vehicle, including
the cost of delivering and posting notice, removal of the vehicle,
and disposal of the vehicle, shall be initially paid by the Town and
charged to the owner of the vehicle.
B.
The cost of removal and disposal of the vehicle and proof of notice
to the owner of the vehicle shall be certified to the officer in charge
of finance who shall cause the certified cost 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 vehicle's owner, and
the certified cost shall be collected by the Collector or other official
collecting taxes in the same manner and procedure for collecting real
estate taxes. If the certified cost is not paid, the tax bill shall
be considered delinquent, and the collection of the delinquent tax
bill shall be governed by the laws governing delinquent and back taxes.
[Ord. No. 2016-1202 § 8, 10-17-2016]
A person commits an ordinance violation if the person maintains a public nuisance described in Section 217.010 above. Upon conviction thereof, such person shall be fined an amount not to exceed two hundred fifty dollars ($250.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
