[Ord. No. 2001-05, 6-7-2001]
As used in this Chapter, the following terms shall have the
meanings indicated:
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE
Any vehicle which does not possess an engine, has one (1)
or more missing tires, or is incapable of being operated upon public
highways and streets for want of major components shall be deemed
an abandoned, wrecked, dismantled, or inoperative vehicle. Any vehicle
which is located on private or public property and which does not
have lawfully affixed thereto an unexpired license plate and a current
motor vehicle safety inspection certificate or an antique license
shall be deemed an abandoned, wrecked, dismantled, or inoperative
vehicle.
JUNK
Any metal, glass, paper, rags, wood, brush, appliances, vehicle
parts, machinery or machinery parts, cloth or other waste, or discarded
material of any nature or substance whatsoever; scrap or salvage material.
PERSON
Any person, firm, partnership, association, corporation,
or other organization of any kind.
PRIVATE PROPERTY
Any land owned by the City or located within the City limits
of Maysville, not including street and highways.
STREET or HIGHWAY
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 purposes of vehicular travel.
VEHICLE
A machine propelled by power other than human power designed
to travel along the ground by wheels, treads, runners, or slides,
and transport persons or property or pull machinery; and shall include,
without limitations, automobiles, trucks, trailers, motorcycles, motorbikes,
motor scooter, tractors, go-carts, snowmobiles, campers, buggy and
wagons.
[Ord. No. 2001-05, 6-7-2001]
No person shall park, store, or leave any vehicle which is abandoned,
wrecked, dismantled or inoperative upon any public property for more
than forty-eight (48) hours, or upon private property for more than
seventy-two (72) hours. This Section does not apply to any vehicle
or junk enclosed within a building on private property. This Section
shall not apply to properties operated as a service station, automobile
repair shop, body repair shop, junkyard, tow truck operator, or auto,
truck or trailer business enterprise, duly licensed by the City and
properly operated in the appropriate business zone pursuant to the
Zoning Laws of the City; provided that all vehicles, vehicle parts
machinery, machinery parts, or any materials of any description used
in conjunction with the daily operations of such business be kept
in such a manner as not to create a hazard, a fire hazard, harbor
tall grass, weeds or other vegetation, or afford a breeding or nesting
place for mosquitoes, flies, rodents, rats, or other vermin.
Except in the case of an accident resulting in the injury or
death of any person, the driver of a vehicle which for any reason
obstructs the regular flow of traffic on the roadway of any public
road or State highway shall make every reasonable effort to move the
vehicle or have it moved so as not to block the regular flow of traffic.
Any person who fails to comply with the requirements of this Section
is guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than fifty dollars ($50.00).
[Ord. No. 2001-05, 6-7-2001]
A. In case of an abandoned, wrecked, dismantled, or inoperative
vehicle or junk being present upon private or public property, the
Chief of Police, or his or her duly authorized representative, shall
cause to be served a notice in writing by registered or certified
mail, or by personal service, upon the occupant of the land where
the nuisance exists, or in a case where there is no occupant, then
upon the owner of the property, or the owner's agent, stating
the existence of the nuisance and requesting its removal within ten
(10) days from receipt of such notice.
B. When the owner or custodian of any nuisance prohibited
by this Chapter cannot be located by reasonable search, the notice
shall be attached to the property, briefly stating the facts deemed
to constitute the property a nuisance and stating the nuisance shall
be removed within ten (10) days. If said vehicle or junk is creating
a traffic hazard or obstructs the normal movement of traffic the Chief
of Police or his or her authorized representative may cause the immediate
removal of said vehicle or junk.
[Ord. No. 2001-05, 6-7-2001]
A. The Chief of Police, or his or her duly authorized representative,
may enter upon private property for inspection or for the purpose
of removing any nuisance in accordance with this Chapter. If any person
refuses to allow entry onto his private property, the Chief of Police,
or his or her duly authorized representative, may obtain a warrant
from the proper official and proceed in accordance with the warrant.
B. If a nuisance prohibited by this Chapter is not removed
within the time specified in the notice a summons shall be issued
and a court date shall be set. Upon conviction said person, partnership,
association or corporation shall be fined on an amount of not less
than five dollars ($5.00), nor more than five hundred dollars ($500.00)
for each and every day said nuisance remains in violation of this
Chapter.
C. If a nuisance prohibited by this Chapter is not removed
by the court date, said nuisance shall be transported to a storage
area by or at the discretion of the Chief of Police, or his or her
duly authorized representative, at the expense of the owner or person
in custody thereof, the vehicle or junk shall be stored for a period
of at least sixty (60) days, and the person entitled to possession
thereof may redeem the vehicle or junk by payment to the City of the
actual cost of its removal and reasonable storage fees. If the vehicle
or junk is unredeemed after expiration of the sixty-day period, the
Chief of Police, or his or her duly authorized representative, shall
sell to the highest bidder or, if it has no 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.
D. Prior to the sale of unredeemed vehicle or junk declared
a public nuisance under this Chapter, the Chief of Police shall cause
to be published in a newspaper of general circulation within the City
a notice of sale stating the following:
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 the
accurate identification of the property.
4.
The date, time and place of sale.
E. This notice shall be published not less than ten (10) days
nor more than thirty (30) days prior to the date of sale.
When the City has physical possession of the abandoned property,
it may sell the abandoned property in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the City Clerk and sealed with the official
City Seal. Such bill of sale shall contain the make and model of the
abandoned property, the complete abandoned property identification
number, and the odometer reading of the abandoned property, 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.