[CC 1990 § 18-161; Ord. No. 314 § 1, 6-19-1989; Ord. No. 681 § 1, 5-18-1992]
No person or legal entity shall park or stand a motor vehicle
on a private non-residential lot or commercial lot advertising the
same "for sale," where the sale of motor vehicles is not a permitted
or conditional use of the property under the zoning ordinance of the
City of Chesterfield. However, an exception shall be made that shall
allow individual residential property owners who currently reside
in such home, members of such residential owner's immediate family
who currently reside at or on the premises or their tenants and the
immediate family members of any such tenants who currently live at
or on the premises to park one (1) licensed vehicle at a time, which
is registered in the name of any residential owner, immediate family
member, tenant or immediate family member of such tenant currently
residing at the house as above with a "for sale" sign displayed on
such vehicle. Such vehicle shall only be parked upon the driveway
(not upon the grass or yard area) of the residential property where
such person currently resides. In multifamily residential developments,
tenants who reside at such multifamily residential development and
their immediate family members who reside on the premises may park
one (1) licensed vehicle at a time that is registered in the name
of such tenant or immediate family residing with such tenant member
in the parking lot of such property with a "for sale" sign displayed
on such vehicle.
[CC 1990 § 18-162; Ord. No. 314 § 2, 6-19-1989]
If any motor vehicle or property is found in violation of this
Section, the owner of the property where said vehicle is located and
the owner whose name such vehicle is registered on the records of
any City, County or State shall be held prima facie responsible for
such violation.
[CC 1990 § 18-163; Ord. No. 314 § 3, 6-19-1989]
A.
A warning notice shall be left with the owner of the real property
by delivering such warning notice to such person and notice shall
be given to the owner of the vehicle by posting the warning notice
on the front windshield of the vehicle or delivering to the owner
of the vehicle if found.
1.
The warning notice shall contain:
a.
The vehicle license and identification number and address of
the property where the vehicle was or is parked.
b.
The ordinance number of the ordinance being violated.
c.
The nature of the violation and date by which such violation
shall be removed or abated.
d.
A notice of the penalty for failure to remove the vehicle, stating
that if the violation recurs or is not abated by the date shown by
the same owner of said vehicle or the property owner, a summons will
be issued without further notice.
2.
Once a notice has been given to the owner of the property and/or owner of the vehicle on which a violation has occurred and after removal thereof, if the same ordinance violation recurs in or on the same property by the same person or persons responsible therefor, no further notice need to be given. Thereafter, such responsible person or persons may be summoned into Municipal Court to answer charges against him/her. In addition to the court costs normally assessed in all such cases, there shall be added thereto all costs incurred by the City in abating the violation as set out in Section 390.040.
[CC 1990 § 18-164; Ord. No. 314 § 4, 6-19-1989]
A.
Upon neglect or failure to act upon the warning notice by the property
owner or motor vehicle owner, the City shall issue a summons.
1.
Summons, Service Of. If a warning notice is given as provided in Section 390.030 and if after the time for removal or abatement has lapsed, the property is reinspected and it has been determined that the vehicle has not been removed or remains on the property, the inspecting officer shall fill out and sign as complainant, a complaint and information form, hereinafter referred to as a summons, directed by name to the owner of the property on which the vehicle is located and to the owner of said vehicle, showing the address of the property on which the vehicle is located and such other information as may be available to the inspecting officer as shown on the summons and specifying the Section of the Chapter which is being violated and setting forth in general the nature of the violation. The inspecting officer may serve the summons on the owner of the property and the owner of the vehicle. The summons shall contain a date on which the case will be heard on the Municipal Court docket for a hearing. The City Prosecuting Attorney, Assistant Prosecuting Attorney, City Attorney or Assistant City Attorney shall sign the original copy of all such summons and the original thereof shall be forwarded to the Clerk of the Municipal Court for inclusion on the court's docket for the date shown on the summons.
2.
If no one is found at the property to accept a summons or the owner of the vehicle cannot be found to accept the summons, for failure to remove or abate the violation, the inspecting officer shall fill out and sign the summons as the complainant as provided in Subsection (A)(1) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court who shall verify or insert the date that the case has been set for hearing before the Municipal Court. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid to the person named therein at the address shown on the summons or at such other address as the person charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
[CC 1990 § 18-165; Ord. No. 314 § 5, 6-19-1989]
If the owner of the property and/or owner of the vehicle for which a warning notice has been given to remove or abate a violation fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may remove said vehicle(s) and thereby abate the violation and, if necessary, may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person(s) responsible for creating or maintaining the violation, if the cause therefor lies with any of the persons as defined in Section 390.020.
[CC 1990 § 18-166; Ord. No. 314 § 6, 6-19-1989]
A.
All costs and expenses incurred by the City in removing or abating
any violation on any private or commercial or City property may be
assessed against the property in the form of a special tax bill in
the same manner and with the same effect as special tax bills issued
for the paving of streets, which special tax bill shall become a lien
on the property.
B.
Alternatively, the cost of removing or abating the violation, whether
on public or private property, may be made a part of the judgment
by the Municipal Judge, in addition to any other penalties and costs
imposed, if the person charged either pleads guilty or is found guilty
of causing, creating or maintaining a violation on public or private
property.
[CC 1990 § 18-167; Ord. No. 314 § 7, 6-19-1989]
In all cases where the violation on public or private property is the first offense for the person charged therewith, the warning provisions of Section 390.030 shall be observed. The notice shall specify the number of days in which the vehicle shall be removed or abated, which time shall not be less than two (2) days nor more than seven (7) days. In all cases where the violation on public or private property is a repeat offense on such property or said vehicle, the warning notice provisions of Section 390.030(A)(2) shall be observed.
