City of Excelsior Springs, MO
Clay County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
State Law Reference — Disposition of vehicles left unattended on highways, §304.155, RSMo.

Section 392.010 through Section 392.280. (Reserved)

Section 392.290 Definitions.

[R.O. 2012 §392.290; Ord. No. 91-12-8 §392.290, 12-9-1991]
The following words shall have their prescribed meanings when used in the Article, unless indicated otherwise:
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or improperly registered with the State of Missouri; has been inoperable for more than seventy (72) hours or is in such a state or 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 junking 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.
PERSON
Any person, firm, partnership, association, corporation, or other organization of any kind.
PROPERTY
Any land owned by the City or located within the City Limits, not 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.

Section 392.300 Damaged or Disabled Vehicles ─ Nuisance.

[R.O. 2012 §392.300; Ord. No. 91-12-8 §392.300, 12-9-1991]
Any damaged or disabled vehicle, part thereof, or junk, located on any property, street, or highway which presents a hazard to children, or harbors tall grass, weeds, or other vegetation, or creates a fire hazard, or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats, or other vermin; or any vehicle, part thereof, or junk, allowed to remain unmoved on any street or highway for seventy (72) hours, is a public nuisance.

Section 392.310 Unlawful to Maintain Such Nuisance.

[R.O. 2012 §392.310; Ord. No. 91-12-8 §392.310, 12-9-1991]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 392.300.

Section 392.320 Notice.

[R.O. 2012 §392.320; Ord. No. 91-12-8 §392.320, 12-9-1991; Ord. No. 16-12-04 § 3, 12-19-2016]
Whenever the Code Enforcement Officer, or his/her duly authorized representative, 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. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of Section 392.300 hereof, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Article, and state that the nuisance shall be abated within ten (10) days from receipt of such notice.

Section 392.330 Proceedings When Owner or Custodian Cannot be Located.

[R.O. 2012 §392.330; Ord. No. 91-12-8 §392.330, 12-9-1991; Ord. No. 16-12-04 § 4, 12-19-2016]
When the owner or custodian of any nuisance, as defined in Section 392.300, 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 ten (10) days of the date notice was posted, or if the vehicle is on public property, within seventy (72) hours of the time of notice being posted.

Section 392.340 Duty of the Owner or Custodian.

[R.O. 2012 §392.340; Ord. No. 91-12-8 §392.340, 12-9-1991]
Any person receiving the notice provided for above shall comply with the provisions of he notice requiring abatement. Failure to comply with this provision is unlawful.

Section 392.350 Disposition.

[R.O. 2012 §392.350; Ord. No. 91-12-8 §392.350, 12-9-1991]
If not removed within the times specified in the notice, the vehicle or junk shall be transported to a storage area by, or at the direction of, the Building Inspector or his 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 sixty (60) days, and the person entitled to possession thereof may redeem the property by payment to the City of the cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the sixty (60) day period, the Building Inspector may sell it to the highest bidder or, if it has no 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.

Section 392.360 Assessment of Costs.

[R.O. 2012 §392.360; CC 1973 §22-70]
In the event that payment of the costs and expenses or removal of any vehicle under the provisions of this Article is not made on demand, such costs shall be assessed against the property on which such vehicle was located, as provided by law in the case of special assessments, and such costs shall be collected by the City Collector as taxes assessed against the property. Such costs and expenses shall, like taxes, be a first lien on the property affected thereby until paid.

Section 392.370 Notice of Sale.

[R.O. 2012 §392.370; Ord. No. 91-12-8 §392.370, 12-9-1991]
A. 
Prior to the sale of any such property, Building Inspector shall cause to be posted a notice of sale stating:
1. 
The City is selling abandoned property;
2. 
The color, make, year, motor number, and serial number, if available, and any other information necessary for an accurate identification of the property;
3. 
The terms of the sale;
4. 
The date, time, and place of the sale. This notice shall be posted not less than ten (10) nor more than thirty (30) days prior to the date of the sale.

Section 392.380 Entry onto Private Property.

[R.O. 2012 §392.380; Ord. No. 91-12-8 §392.380, 12-9-1991]
The Building Inspector, or his duly authorized representative, may enter upon private property for inspection or for purpose of removing any vehicle or junk in accordance with this Article. If any person refuses to allow entry onto his private property, the Building Inspector may obtain a warrant for the proper official and proceed in accordance therewith.

Section 392.390 Penalty.

[R.O. 2012 §392.390; Ord. No. 91-12-8 §392.390, 12-9-1991]
Any person violating any of the provisions of this Article shall be deemed guilty of an ordinance violation. Each day of violation shall be deemed a separate offense.