[R.O. 2016 § 220.060; CC 1994 § 34.200; Ord. No. 288-99 § 1, 8-10-1999]
The following words and phrases, when used in this Article, shall have the meanings respectively ascribed to them:
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or is improperly registered with the State, has been inoperable for more than seventy-two (72) hours or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business, or in a duly licensed automobile junk yard.
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.
TRASH
Any metal, glass, paper, rags, wood, machinery parts, cloth or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials, which is of no or nominal economical value.
[Ord. No. 1412-21, 5-11-2021]
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, motorized bicycles, tractors, buggies and wagons or any part thereof.
[R.O. 2016 § 220.070; CC 1994 § 34.205; Ord. No. 288-99 § 1, 8-10-1999; Ord. No. 381-01 §§ 1 — 2, 11-13-2001]
A. 
The parking or storing of any motor vehicle or trailer which is not currently and legally licensed under the Statutes of this State is prohibited, unless such motor vehicle or trailer is:
[Ord. No. 1408-21, 5-11-2021]
1. 
Inside a wholly enclosed structure;
2. 
Screened from view by an approved fence sufficient to screen such vehicle or trailer from view from any public property; or
3. 
Parked wholly on private property and covered by a fitted vehicle cover, in good repair, which covers the entirety of the vehicle.
B. 
This Section shall not apply to any motor vehicle or trailer being displayed for sale and which is in such condition as to pass inspection under the Missouri Motor Vehicle Safety Inspection Statutes and Regulations promulgated thereunder providing such vehicle or trailer is on a new or used car or trailer lot duly licensed by the State of Missouri and the ordinances of this City.
C. 
This Section shall not apply to any house trailer which is permanently affixed to City utilities and is used as a residence.
[R.O. 2016 § 220.080; CC 1994 § 34.205; Ord. No. 288-99 § 1, 8-10-1999]
A. 
Any damaged or disabled vehicle or part thereof, or junk allowed to remain on any property, street, or highway for seventy-two (72) hours, is hereby declared a public nuisance.
B. 
It shall be unlawful for any person to create or maintain any nuisance defined in Subsection (A).
[R.O. 2016 § 220.090; CC 1994 § 34.210; Ord. No. 288-99 § 1, 8-10-1999]
It shall be unlawful for any person to use and maintain real property within the City limits for the storage of scrap metal, junk or disassembled, abandoned materials composed of fiber, paper, plastic, ferrous or non-ferrous materials, including lumber, wood, coal, rock, rubbish or other materials or substance outside the confines of a building situated thereupon, except as provided for in the Zoning Code.
[R.O. 2016 § 220.100; CC 1994 § 34.215; Ord. No. 288-99 § 1, 8-10-1999; Ord. No. 1412-21, 5-11-2021]
A. 
Liability — Abatement. Whenever any of the nuisances, including junk and/or trash, described in Article I or II of this Chapter shall exist in violation of the City Code on any part of any real estate within the City, all owners of the real estate shall be liable.
B. 
Notice And Order To Abate. Enforcement may include providing notice to all owners of the real estate upon which the nuisance, junk and/or trash exists. The notice may be delivered by personal service, by certified mail, or by ordinary mail. If sent by ordinary mail, there will be a refutable presumption that the letter was delivered five (5) days after the date it was sent. The notice shall generally describe the nature of the nuisance, junk and/or trash, the location of the real estate, and order the real estate owner to, within a period of seven (7) days from the receipt of the notice, begin removing or abating the nuisance, junk and/or trash and to thereafter continue to pursue the removal or abatement without unnecessary delay.
C. 
Request For Hearing. Any owner who wishes to challenge the order of abatement may do so, provided that within the seven-day period he/she/it requests a hearing on the validity of the order to take place in front of the Park Hills City Administrator. If no such request is made within the seven-day time period, the order becomes final and is not subject to challenge elsewhere. The request for a hearing must be in writing and be received by the Park Hills City Administrator within the seven-day period, but otherwise no particular formality is required. Notice to the real estate owner of his/her right to request such hearing shall be given by including a copy of this Article with any notice sent under authority of this Section.
D. 
Abatement Of Nuisance, Junk And/Or Trash. If the owner has not begun removing or abating the nuisance, junk and/or trash within seven (7) days after receiving the notice, or if the owner fails to pursue the removal of such nuisance, junk and/or trash without unnecessary delay, the City Administrator shall cause the same to be abated by collecting and disposing of said trash by taking it to an appropriate dump site or transfer station, and disposing of any other personal property in accordance with Section 220.120, and shall certify the costs of same to the City Clerk.
E. 
Ordinance Violation. An owner who fails to begin removing or abating the nuisance, junk and/or trash within seven (7) days after receiving the notice, or if the owner fails to pursue the removal of such nuisance, junk and/or trash without unnecessary delay, shall be deemed guilty of a separate offense of failing to abate nuisance, junk and/or trash and, upon conviction, shall be punished as provided in the City Code. Every day such nuisance, junk and/or trash is maintained after such notice shall constitute a separate and distinct offense.
F. 
Tax Bill. The City Clerk and/or Finance Officer shall cause the certified cost of such abatement 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 real estate, and the certified cost shall be collected in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the special tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The special tax bill from the date of its issuance shall be deemed a personal debt against all owners of the real estate and shall also be a first lien on the real estate until paid. The special tax bill shall be prima facie evidence of the recitals therein and of its validity, and no clerical error or informality in the same, or in the proceeding leading up to the issuance, shall be a defense thereto. Such special tax bill, if not paid within thirty (30) days after issuance, shall bear interest at the rate of eight percent (8%) per annum.
G. 
Nuisance, including junk or trash, abatement fee schedule with a 1-hour minimum fee and charged at 30-minute increments thereafter.
[Ord. No. 1458-22, 2-8-2022]
1. 
Backhoe, skid steer, dump truck, trash truck, high lift: $100.00/hour, each.
2. 
Flatbed truck, bucket truck: $75.00/hour, each.
3. 
Chainsaw, limb saw, weed eater: $45.00/hour, each.
4. 
Administrative charge/expenses per job: $30.00.
[R.O. 2016 § 220.110; CC 1994 § 34.220; Ord. No. 288-99 § 1, 8-10-1999]
When the owner or custodian of any nuisance defined in this Chapter cannot be located by reasonable search, the notice shall be attached to the property briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within twenty (20) days of the date notice was posted or, if the vehicle is on public property, within seven (7) days of the date notice was posted.
[R.O. 2016 § 220.120; CC 1994 § 34.225; Ord. No. 288-99 § 1, 8-10-1999; Ord. No. 1412-21, 5-11-2021]
If not removed within the times specified in the notice, the vehicle or junk, other than trash, shall be transported to a storage area by or at the direction of the City Administrator or his/her duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least thirty (30) days, and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the thirty-day period, the City Administrator or his/her authorized representative may sell it to the highest bidder or, if it has no sale 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.
[R.O. 2016 § 220.130; CC 1994 § 34.230; Ord. No. 288-99 § 1, 8-10-1999]
Prior to the sale of any nuisance property, the City Administrator or his/her duly authorized representative shall cause to be published in a newspaper of general circulation within the City a notice of sale stating that the City is selling the property; the color, make, year, motor number and serial number if available, and any other information necessary for an accurate identification of the property; the terms of the sale; the date, time and place of the sale. This notice shall be published not less than ten (10) days nor more than thirty (30) days prior to the date of the sale.