[Ord. No. 725 §1; Ord. No.
929-91-8 §1, 9-5-1991]
The following definitions shall apply in this Chapter:
Any vehicle which is not registered or improperly registered
with the State of Missouri; 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 sales business,
or in a duly licensed automobile junking yard, and further excepting
vehicles on the premises of a duly licensed automobile repair business
unless such vehicles have been inoperable or in such a state of repair
as to be inoperable for a period exceeding ninety (90) consecutive
days.
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 person, firm, partnership, association, 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 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. 725 §2]
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 forty-eight
(48) hours, is a public nuisance.
[Ord. No. 725 §3]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 220.020.
[Ord. No. 725 §4; Ord. No.
1130-10-04 §4, 9-9-2010]
Whenever the Chief of Police or his duly authorized representative determines that any vehicle or junk is a nuisance as defined herein, he shall cause written notice to be served upon the owner of the vehicle or junk, if he can be located, or the person in custody of such vehicle or junk, by registered mail or by personal service. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of Section 220.020 hereof, and shall briefly state 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, or, if the vehicle is on public property, within two (2) days from receipt of such notice.
[Ord. No. 725 §5]
When the owner or custodian of any nuisance as defined in Section 220.020 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 seven (7) days of the date the notice was posted, or if the vehicle is on public property, within two (2) days of the date notice was posted.
[Ord. No. 725 §6]
Any person receiving the notice provided for above shall comply
with the provisions of the notice requiring abatement. Failure to
comply with this provision is unlawful.
[Ord. No. 725 §7; Ord. No. 869 §1]
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 Chief of Police 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 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 (30) day period, the Chief of Police 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.
[Ord. No. 725 §8]
A.
Prior
to the sale of any such property, Chief of Police shall cause to be
posted in City Hall, place of storage and at least one (1) other public
place in the City, a notice of sale stating:
1.
That
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 published
not less than ten (10) or more than thirty (30) days prior to the
date of the sale.
[Ord. No. 725 §9]
The Chief of Police or his duly authorized representative may
enter upon private property for inspection or for the purpose of removing
any vehicle or junk in accordance with this Chapter. If any person
refuses to allow entry onto his private property, the Chief of Police
may obtain a warrant from the proper official and proceed in accordance
therewith.
[Ord. No. 1130-10-04 §§1
— 2, 9-9-2010]
In lieu of the disposition provided for in Section 220.070 and Section 220.080 of the Code of Ordinances of the City of Palmyra, if the vehicle or junk is not removed within the time specified in the notice provided in Section 220.040, the vehicle or junk may be towed or transported to a storage area upon the written request of the Chief of Police or his duly authorized representative at the expense of the owner or person in custody thereof, as provided in Section 430.082, RSMo. The written request of the Chief of Police or his duly authorized representative shall state the maximum amount to be charged for towing or transportation services and shall state the maximum daily charge for storage as provided in Section 430.082, RSMo. Thereafter, disposition of said vehicle or junk shall be as provided in Chapter 430, RSMo., or in accordance with other applicable State law.
[Ord. No. 1130-10-04 §3, 9-9-2010]
Any person violating the provisions of this Chapter shall be
subject to a fine of not less than five dollars ($5.00) nor more than
five hundred dollars ($500.00). Each day of violation shall be deemed
a separate offense.
