[Ord. No. 93 §2, 3-27-1996]
As used in this Article, the following words shall have the
meanings as set out herein:
The City of Green Park, Missouri, or its duly authorized
agents.
The owner or occupant of any private real property on which
a nuisance vehicle is situated.
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.
Any vehicle which:
Is not registered or is improperly registered with the State
of Missouri,
Has been inoperable on public property for more than seventy-two
(72) hours, or
Is in such a state of repair as to be inoperable, except for
those vehicles located on the premises of:
A duly licensed automobile repair or sales business,
A duly licensed automobile junking yard, or
A private property owner for a period of time not to exceed
thirty (30) days for the purpose of making repairs.
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The term "nuisance vehicle" shall also be construed
as referring to junk, as defined herein.
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Any person, firm, partnership, co-partnership, corporation,
or other organization of any kind.
Any land owned by the City or located within the City limits,
not including streets and highways.
The entire area between the boundary lines of every publicly
maintained right-of-way when any part thereof is open to the use of
the public for purposes of vehicular travel.
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.
[Ord. No. 93 §3, 3-27-1996]
A.
The
City is hereby authorized to remove or cause to be removed any vehicle
from any street or highway without providing the owner with prior
notification or an opportunity to be heard under the emergency circumstances
hereinafter enumerated:
1.
When the vehicle poses a real and imminent danger or hazard to the
safety of others or a menace to a traffic by being situated upon a
street or highway without being competently attended; or although
attended, when the person in charge thereof fails or refuses to remove
such upon request. For the purpose of this provision, in addition
to any other situation meeting this criteria, a vehicle is hereby
declared to pose an imminent danger or hazard to the safety of others
or a menace to traffic when it is:
a.
Situated upon any bridge, viaduct or cause-way or in any tube, tunnel
or underpass;
b.
Situated in any lane designated for the movement of traffic, including
a curb lane in which parking is prohibited;
c.
Situated, during such hours, in any area in which parking is prohibited
during certain hours for the purpose of accommodating periods of peak
(or rush hour) traffic.
2.
When the vehicle is situated on or about a street or highway so as
to impede snow removal operations or construction, repair and maintenance
services conducted or authorized by the City.
3.
When the operator of a vehicle is disabled or arrested and there
is no other person reasonably available to take custody of the vehicle
and there is no reasonably safe place to leave the vehicle.
4.
When the vehicle poses a menace to traffic or a hazard to the safety
of others, or prevents access for construction purposes, by being
so situated on City property as to block or restrict ingress or egress
to the property or a portion thereof.
B.
Notice Following Emergency Procedure.
1.
Whenever the City removes or causes to be removed a vehicle as authorized
in this Section, and the City knows or is able to ascertain the name
and address of the owner by accessible information contained on the
vehicle, together with any reasonably accessible records, the City
shall immediately give or cause to be given notice in writing to the
owner.
2.
The notice shall provide the following information:
3.
In the event the City does not know and is unable to ascertain the
name and address of the owner, or for any other reason is unable to
give notice as herein prescribed, and in the event the vehicle is
not restored to the owner's possession within a period of three (3)
days, the officer shall immediately mail or cause to be mailed a written
report of the removal to the State agency whose duty it is to register
motor vehicles. The notice shall include a complete description of
the vehicle, the date, time and place of removal, the reasons for
the removal and the name of the garage or place where the vehicle
is stored. A copy of any such notice shall be filed with the proprietor
of said garage.
[Ord. No. 93 §4, 3-27-1996]
A.
Whenever any vehicle is parked or stopped on public property in violation of any City or County ordinance or State Statute and the circumstances of the vehicle's location do not warrant an emergency tow as authorized by Section 215.080 herein, the City shall conspicuously affix to the vehicle a notice in writing, which notice shall in addition be mailed to the registered owner of the vehicle, if the owner may be ascertained from the accessible information contained on the vehicle together with the official vehicle registration records.
B.
The
notice shall provide the following information:
1.
The Statute or ordinance violated;
2.
An order directing the removal of the vehicle within five (5) days
of the date of the notice;
3.
A statement of the owner's right to a hearing;
4.
The procedure for obtaining a hearing; and
5.
A statement of the right to be represented by counsel at the hearing.
C.
If the owner has not filed a request for hearing within five (5) days after such notification and the vehicle has not been removed within the five (5) day period, or in the event that a hearing occurs and the City has determined that the vehicle's removal is warranted and the vehicle has not been removed within such additional time as allowed by the City, if any, then the City shall have the right to impound and dispose of the vehicle in accordance with Section 215.140 hereof.
D.
Within
seventy-two (72) hours of the removal of such vehicle, the City shall
give notice to the Director of Revenue of the State of Missouri and
to the registered owner of the vehicle, if ascertainable, that the
vehicle has been impounded and stored for violation of this Article.
The notice shall describe the vehicle and give the location where
the vehicle is stored and shall state that the owner will be charged
with the cost of removal and storage.
[Ord. No. 93 §5, 3-27-1996]
A.
Any
abandoned vehicle, part thereof, or junk, which is located on any
property, street, or highway, and any vehicle, part thereof, or junk
which either:
1.
Presents a hazard to children,
2.
Harbors tall grass, weeds, or other vegetation,
3.
Creates a fire hazard, or
4.
Affords a breeding place or nesting place for mosquitoes, flies,
rodents, rats, or other vermin, is hereby declared to be a nuisance
vehicle affecting the public health, safety and/or welfare.
[Ord. No. 93 §6, 3-27-1996]
No person shall cause, permit or maintain such a nuisance, nor shall any person fail or refuse to abate or remove such a nuisance within the term required by the City as provided in Section 215.120 of this Article. Each day of violation shall be deemed a separate offense.
[Ord. No. 93 §7, 3-27-1996]
A.
Upon
proper notice and an opportunity to be heard, the owner of the nuisance
vehicle and the owner or occupant of any private property whereon
the nuisance vehicle is situated (i.e., the custodian of the nuisance
vehicle) shall be jointly and individually liable for its removal,
disposition and/or storage. In such event the owner of the nuisance
vehicle and the owner or occupant of any private property whereon
the nuisance vehicle is situated shall be jointly and individually
liable for expenses incurred.
B.
The
City shall cause written notice to be served upon the owner of the
nuisance vehicle, if ascertainable, and upon the custodian. The notice
shall state:
1.
The nuisance vehicle is deemed to be a nuisance pursuant to this
Article,
2.
The nuisance shall be abated within five (5) days from the date of
such notice,
3.
The owner or custodian has a right to a hearing with representation
by counsel contesting the existence of such nuisance, and
4.
Upon failure to either abate the nuisance vehicle or request a hearing
within five (5) days from the date of the notice, the City shall undertake
the removal and/or disposition of the nuisance vehicle and all costs
relating thereto shall be levied against the owner and/or custodian.
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Notice shall be effected by:
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1.
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Attaching a copy of same to the nuisance vehicle,
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2.
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Posting a copy of same at the private property on which the
nuisance vehicle is situated, and
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3.
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Mailing, by certified mail or certificate of mailing, a copy
of the notice to the owner, if ascertainable, and the custodian at
the custodian's last known address according to the St. Louis County
Assessor's roles.
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C.
If the owner or custodian fails to either abate the nuisance vehicle or request a hearing within the five (5) day compliance period, the City shall have the authority to enter upon the property where the nuisance is located and removed it from the premises. Timely request for a hearing, however, shall stay the compliance period until such time as a final determination has been made pending the review process provided in Section 215.130 hereof, plus any additional time allotted by the City to abate the nuisance after such determination. It shall be unlawful for any person to interfere with, hinder or refuse to allow the City to enter upon private property for the purpose of removing the nuisance in as provided herein.
D.
Within
seventy-two (72) hours of the removal of a nuisance vehicle from private
property, the City shall give notice to the owner thereof, if ascertainable,
the custodian, if any, and the Missouri Director of Revenue, if applicable,
that the property in question was impounded and stored for violation
in this Article. The notice shall describe the property, give the
location where the property is stored and state that the owner and
custodian shall be charged with the costs of removal and storage.
[Ord. No. 93 §8, 3-27-1996]
A.
The registered owner, or such owner's duly authorized agent, of any vehicle or nuisance vehicle either towed or to be towed in accordance with this Article, and the custodian, if applicable, may file with the City Clerk a written request for a hearing. The request must be filed within the period of compliance, or in the event of an emergency tow the owner must file a request within seven (7) days after notification of the tow in accordance with Section 215.080 hereof.
B.
The
hearing shall be held within forty-eight (48) hours of the hearing
request before a Hearing Officer designated by the City. Formal rules
of evidence shall not apply; however, the parties shall have the right
to counsel and to present evidence, confront and cross-examine witnesses,
and receive a written decision based upon the facts adduced at the
hearing.
C.
A public
hearing shall be held by the City to determine the following:
1.
The question of the existence of circumstances warranting an emergency
tow in accordance with this Article (in order to determine liability
for costs of removal, etc.); or
2.
The question as to whether there are reasonable grounds to believe
that an ordinance or Statute is violated by the position of the vehicle
in question.
D.
If
the Hearing Officer is satisfied that there are reasonable grounds
to believe that a violation exists, the Hearing Officer shall order
the vehicle's removal. The Hearing Officer may impose such conditions
and take such other actions as deemed appropriate under the circumstances
to carry out the purpose of this Article and may delay the time for
the removal of the vehicle if, in the Hearing Officer's opinion, the
circumstances justify it. In the alternative, the Hearing Officer
shall enter an order allowing such vehicle to remain if the Hearing
Officer finds no violation or nuisance. The costs of removal, storage
and advertising expenses, if any, shall be charged against the City
or the owner and/or custodian of the vehicle as deemed appropriate
by the Hearing Officer.
[Ord. No. 93 §9, 3-27-1996]
A.
The
City may remove, cause to be removed and stored any vehicle or junk
in accordance with the provisions of this Article. With regard to
any vehicle, the City shall contract with a service station, towing
operator, salvage dealer or motor vehicle repair shop as chosen by
the Board of Aldermen. Such vehicles shall be placed in a garage,
towing service facility, auto repair shop or other place designated
or maintained by the chosen agent.
B.
Neither
the City, its designated law enforcement and towing agents nor anyone
having custody of any vehicle under this Article shall be liable for
any damage to any such vehicle occasioned by a removal other than
damages occasioned by negligence or by willful or wanton acts or omissions,
except as provided by Section 304.155 et seq., RSMo.
C.
The
owner of any vehicle removed as provided herein shall be responsible
for payment of all reasonable charges for towing and storage of such
vehicle, except if the vehicle has been reported as stolen or taken
without the consent of the owner, the owner shall be responsible only
for the storage of such vehicle for any period after five (5) business
days after receiving notice of removal provided by the Missouri Director
of Revenue pursuant to Section 304.155, RSMo.
D.
Upon
the towing of any vehicle under this Article, the City shall make
an inquiry with the national crime information center and any statewide
Missouri law enforcement computer system to determine if the vehicle
has been reported as stolen. The Department shall submit a report
to the Missouri Director of Revenue within five (5) working days of
the towing of the vehicle. Such report shall include the following:
1.
The year, model, make and vehicle identification number of the vehicle;
2.
A description of any damage to the vehicle noted by the Law Enforcement
Officer;
3.
The license number;
4.
The storage location of the towed vehicle;
5.
The name and address of the tower;
6.
The date of the authorization to tow the vehicle; and
7.
The date of the inquiry of the national crime information center
and any statewide Missouri law enforcement computer system to determine
if the vehicle had been stolen.
E.
The
owner of any such vehicle or the holder of a valid security interest
thereon which is in default may reclaim it from the service station,
towing operator, salvage dealer, or motor vehicle repair shop, upon
proof of ownership or valid security interest which is in default
and upon payment of all reasonable charges for the towing and storage
of the vehicle.
F.
Any
person who removes any such vehicle at the direction of the City as
provided herein shall have a lien for all reasonable charges for the
towing and storage of the vehicle, until possession of the vehicle
is voluntarily relinquished to the owner of the vehicle, or to the
holder of a valid security interest thereon which is in default. Such
lien shall be enforced in the following manner:
1.
The lienholder in possession shall request the City to make inquiry
with the national crime information center and any statewide Missouri
law enforcement computer system to determine if the vehicle had been
reported stolen and in whose name the vehicle is registered;
2.
The lienholder in possession shall notify by registered mail, postage
prepaid, the owner if known, and any lienholders of record, at their
last known addresses, that application for a certificate of title
will be made unless the owner or lienholder of record makes satisfactory
arrangements with the person holding the vehicle for payment of towing
and storage within thirty (30) days of the mailing of the notice.
This notice shall be supplied by the use of a form designed and provided
by the Missouri Director of Revenue;
3.
Thirty (30) days after the notification form has been mailed and
the vehicle is unredeemed and no satisfactory arrangement has been
made with the lienholder in possession for continued storage, the
lienholder in possession may apply to the Missouri Director of Revenue
for a certificate of title if the towed vehicle is titled in Missouri.
The application shall be accompanied by:
a.
The original or a conformed or photostatic copy of the City's written
report authorizing the tow;
b.
An affidavit of the lienholder in possession that he/she has been
in possession of the towed vehicle for thirty (30) days and that the
owner has failed to make arrangements for payment of towing and storage
charges;
c.
A copy of the receipt indicating that the owner or lienholder of record has received the notice required by Subsection (F)(2) of this Section;
d.
An inspection certificate shall be completed by the City on a form
provided by the Missouri Department of Revenue. If the Police Officer
who authorized the tow is not available to inspect the vehicle and
complete the certificate, the Department may designate another officer
to inspect the vehicle and complete the form. The inspection shall
be made at least thirty (30) days after the date of towing. The inspection
certificate shall be dated to reflect the date of the inspection;
and
e.
Any fee as may be provided by Missouri Statute.
G.
If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the State in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known State of issuance of certificate of ownership or registration, he/she shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with Subsection (F) of this Section before a certificate of ownership is issued.
H.
Towing
operators, service stations, salvage dealers, or motor vehicle repair
shops who tow or store vehicles according to this Section shall keep
a record for three (3) years on each vehicle towed and not reclaimed
by the owner of the vehicle. Such record shall contain a copy of the
City's authorization to tow, copies of all correspondence with the
Missouri Department of Revenue concerning the vehicle, and information
concerning the final disposition of the possession of the vehicle.
I.
Personal
property found within a vehicle, except items affixed to the vehicle,
shall be considered and treated as lost property.
J.
Any
other provision of this Section notwithstanding, when the City sells
any vehicle or nuisance vehicle in accordance with the terms of this
Section, the City 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 vehicle, the
complete vehicle identification number and the odometer reading of
the vehicle and shall be lawful proof of ownership for any dealer
registered under the provisions of Section 301.218 or 301.251, RSMo.,
or for any other person. Any dealer or other person purchasing such
a vehicle from the City shall apply within thirty (30) days of purchase
for a certificate of ownership as provided in Section 301.190, RSMo.,
or for a junking certificate as provided in Section 301.227, RSMo.
K.
The
owner of any vehicle seized under the provisions of this Section may
redeem the vehicle at any time during the normal business hours after
the vehicle's removal, but prior to the sale or destruction of the
vehicle upon proof of ownership and payment to the City Clerk or the
City Clerk's designee of such sum as may be determined and fixed by
the City for the actual and reasonable expense of removal, storage,
and advertising expenses, if any.
[Ord. No. 93 §10, 3-27-1996]
In addition to the remedial provisions set forth in this Article and in order to protect, promote and preserve the public health and safety, no person shall cause, permit or maintain the existence of a nuisance vehicle, or shall fail or refuse to abate or remove a nuisance vehicle within the time required by this Section. Each day that a nuisance vehicle shall be maintained constitutes a separate offense. Any person found guilty of violating this Section shall be punished as provided in Section 100.140 of this Code. As a condition to any probation granted the Municipal Judge may order such person to reimburse the City for its costs incurred in removing and storing the offensive property.
