[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]
A. 
Any person possessing a damaged or disabled vehicle may apply for a special permit from the City of Merriam Woods. Said special permit will allow up to one (1) year from the date of issuance for the owner of the vehicle to make the necessary repairs to the vehicle for it to be operable, worthy of passing a state vehicle inspection, and licensed.
B. 
The application for the special permit will be made to the City Clerk during normal business hours and shall state:
1. 
Owner's name.
2. 
Owner's address.
3. 
Location of the vehicle.
4. 
Description of the damage to the vehicle.
5. 
Reason for requesting the special permit.
C. 
The application shall be brought before the Board of Aldermen at their next regularly scheduled meeting for consideration. If granted, the special permit shall state that the following violations may be cause for the immediate revocation of the special permit by the Police Chief, his/her authorized representatives, or any City health and safety official:
1. 
Vehicle and vehicle parts must be placed in an area out of public view when not being repaired.
2. 
Any vehicle fluid leaks, toxic substances, fumes, or offensive odors must be repaired immediately.
3. 
The vehicle must not be a nesting area for, or harbor any mosquitoes, flies, rats, mice, or other vermin.
4. 
Weeds and vegetation must be kept trimmed around said vehicle.
D. 
The permit fee shall be twenty-five dollars ($25.00), payable at the time of permit approval. The permit may be renewed at the discretion of the Board of Aldermen is compelling evidence is presented at the time of the second application. No person may have more than one (1) special permit at any time, nor shall any permit be renewed more than one (1) time.
[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.