[Bill No. 180, 2-8-2011]
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or improperly registered
with the State of Missouri or has been inoperable for more than seventy-two
(72) hours or is in such a state of disrepair as to be inoperable,
except those on the premises of a duly licensed automobile repair
or sales business; or in a duly licensed automobile junking yard.
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth,
or other waste or discarded material of any nature of substance whatsoever,
or scrap or salvage materials.
PERSON
Any person, firm, partnership, association, corporation,
or other organization of any kind.
PRIVATE PROPERTY
Any land located within the corporate limits of Merriam Woods,
Missouri, and owned by any person, firm, partnership, association,
corporation or other organization of any kind and excepting public
property.
PUBLIC PROPERTY
Any land owned by the City, including streets 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.
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,
tractors, buggies, and wagons, or any part thereof.
[Bill No. 180, 2-8-2011]
Any damaged or disabled vehicle, part thereof, or junk, located
on any property, street, or highway which presents a hazard to children,
leaks vehicular or other toxic fluids, emits offensive odors, harbors
tall grass, weeds, or other vegetation, creates a fire hazard, affords
a breeding place or nesting place for mosquitoes, flies, rodents,
rats or other vermin, has been determined by any City Police Officer
or health and safety inspector, or any County, State, or Federal health
inspector as a hazard to human health, or remains unmoved on any street
or highway for forty-eight (48) hours is hereby declared to be a public
nuisance.
[Bill No. 180, 2-8-2011]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section
219.020.
[Bill No. 180, 2-8-2011]
Whenever the Chief of Police of Merriam Woods or any of his/her
authorized representatives or any Merriam Woods health or safety official
determines that any vehicle or junk is a nuisance as defined herein,
he/she shall cause written notice to be served upon the owner of the
vehicle or junk, if he/she can be located, or the person in custody
of such vehicle or junk, by registered mail or personal service. The
notice shall state that the vehicle or junk is deemed to be a nuisance
within the provisions of 219.020 hereof, and shall briefly state the
facts deemed to constitute such vehicle or junk 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 if the vehicle or
junk is located on private property, or within two (2) days from receipt
of such notice if the vehicle or junk is located on public property.
[Bill No. 180, 2-8-2011]
When the owner or custodian of any nuisance as defined in Section
219.020 cannot be located by reasonable search, the notice shall be attached to the property. In addition to the notice elements required in Section
219.040, the date the notice was posted shall be included and shall constitute notice as of the date of the posting.
[Bill No. 180, 2-8-2011]
Any person receiving the notice provided for in Sections
219.040 and
219.050 shall comply with the provisions of the notice requiring abatement. Failure to comply with the provisions of the abatement notice is unlawful.
[Bill No. 180, 2-8-2011]
If not removed within the time period specified by the written
notice, the vehicle or junk shall be transported to a storage area
by or at the direction of the Police Chief of Merriam Woods or his/her
authorized representative, at the expense of the owner or person in
custody thereof. It shall be stored for a period of at least ninety
(90) days, and the person entitled to possession thereof may redeem
the property by payment to the facility responsible for removing and
storing the vehicle or junk. If the vehicle or junk is not redeemed
after the expiration of the ninety-day period, the facility responsible
for removing and storing the vehicle may dispose of the vehicle or
junk as provided by law. Any money received from the disposal of any
vehicle or junk shall be applied to the expenses charged to the owner
or the person in charge thereof.
[Bill No. 180, 2-8-2011]
The Chief of Police and his/her duly authorized representatives
or any City health or safety official may enter upon private property
for inspection or for the purpose of removing any vehicle or junk
in accordance with the provisions of this Chapter. If any person refuses
to allow entry onto his/her property, the Chief of Police may obtain
a warrant from the proper official and proceed in accordance therewith.
[Bill No. 180, 2-8-2011]
Any person violating any of the provisions of this Chapter shall be deemed guilty of an ordinance violation. Any such violation shall be punishable by a fine and/or imprisonment as set forth in Section
100.220 of this Code.