City of Aurora, MO
Lawrence 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
Cross References — Buildings and building regulations, Title V; fire code and fire prevention, Ch. 520; garbage and refuse as a public nuisance, §220.030; housing, Ch. 250; mobile homes and trailers, Ch. 525; nuisances, Ch. 220; parks and recreation, Ch. 245; sign regulations, Ch. 530; streets, sidewalks and other public places, Ch. 534; traffic code, Title III; utilities, Title VII; zoning, Ch. 400.
[1]
Cross Reference — Nuisances, Ch. 220.
[Code 1972, §21-27; CC 1988 §14-16]
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-two (72) hours, is a public nuisance.
[Code 1972, §21-28; CC 1988 §14-17]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 250.010.
[Code 1972, §21-29; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-18]
Whenever any officer of the City or his duly authorized representative determines that any vehicle or junk is a nuisance as defined in this Article, 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 250.020, 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.
[Code 1972, §21-30; CC 1988 §14-19]
When the owner or custodian of any nuisance as defined in Section 250.010 cannot be located by reasonable search, the notice shall be attached to the property, briefly stating the facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within ten (10) days of the date the notice was posted.
[Code 1972, §21-31; CC 1988 §14-20]
Any person receiving the notice of a nuisance provided for in Section 250.030 shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.
[Code 1972, §21-32; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-21]
If not removed within the times specified in the nuisance notice, the vehicle or junk shall be transported to a storage area by or at the direction of any Police Officer of the City or his duly authorized representative at the expense of the owner or person in custody thereof. Any vehicle removed as provided in this Article shall than 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 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 ninety-day period, the Police Chief 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.
[1]
Cross Reference — See also Section 250.140 of this Code.
[Code 1972, §21-33; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-22]
A. 
Prior to the sale of any unredeemed impounded property, the Police Chief shall cause to be published in a newspaper of general circulation within 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;
5. 
The time, date and place from which the vehicle or junk was removed.
B. 
This notice shall be published not less than ten (10) days nor more than thirty (30) days prior to the date of the sale.
[Code 1972, §21-34; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-23]
The Police Chief 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 Article. If any person refuses to allow entry onto his private property, the Police Chief may obtain a warrant from the proper official and proceed in accordance therewith.
[1]
Cross Reference — As to abandoned property when owner not known see section 375.050(C) of this Code.
[Ord. No. 80-1776, §1, 2-11-1980; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-41]
For the purposes of this Article, the word "abandoned", when applied to a vehicle or other personal property, means a vehicle or other personal property that has remained on a street or other public place for a period longer than seventy-two (72) hours, and the owner of which the Police Department has been unable to find after reasonable effort or who, having been found and notified, in writing, refuses to remove such vehicle or other property. Furthermore, any owner who allows his vehicle to become abandoned shall be subject to the terms and conditions imposed by this Article.
[1]
Cross Reference — Definitions and rules of construction generally, §100.020.
[Ord. No. 80-1776, §2, 2-11-1980; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-42]
A. 
The Police Department is hereby authorized, and in addition to any penalty that may be provided for an offense under this Code, to remove any unidentified, stolen, wrecked or abandoned vehicle or other personal property found on any street or other public place in this City. The Police Department shall keep any such removed vehicle or other personal property in custody at such place as shall be designated by the Police Chief until redeemed by the owner thereof or otherwise disposed of as provided in this Article.
B. 
Every such unidentified, stolen, wrecked or abandoned vehicle and other personal property so held in custody of the Police Department shall be held subject to payment of the actual cost of its removal or towing from the place where it was found to the place of storage, and the actual storage charge therefor while in the possession and custody of the Police Department.
C. 
An "unidentified" vehicle or other personal property, as used in this Section, means a vehicle or other personal property the ownership of which the Police Department has been unable to learn after reasonable effort to do so.
[Ord. No. 80-1776, §4, 2-11-1980; Ord. No. 85-1891, 7-8-1985; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-44]
The Police Chief shall report in writing immediately to the City Manager the impounding of any vehicle or other property, giving a description thereof sufficient to identify it and stating the place from which it was removed, the date of its impounding, and the reason therefor, and the officer responsible for impoundment. The Police Chief shall retain a copy of such report and keep a record of the impounding.
[Ord. No. 80-1776, §5, 2-11-1980; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-45]
Any person claiming to be the owner of any property impounded under the provisions of this Article shall make a written application therefor to the Police Department on a form furnished by the department to establish ownership. If he should make such application and furnish proof of ownership before the impounded property has been sold as provided in this Article, the impounded property shall be delivered to him under the conditions provided in this Article.
[Ord. No. 80-1776, §6, 2-11-1980; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-46]
Upon receiving payment of removal and storage charges on any vehicle or other property before a sale thereof and after due proof of ownership has been made, the Police Chief shall give the owner or his authorized agent a written receipt for such payment.
[Ord. No. 80-1776, §7, 2-11-1980; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-47]
All vehicles and other personal property impounded by the Police Department under the provisions of this Article and not redeemed by the owner thereof within the next ninety (90) days after the impounding thereof shall be subject to sale at any time thereafter by the Police Chief for cash at public auction, to the highest bidder, after such sale has been advertised as provided in this Article. All sales of impounded property shall be considered final.
[Ord. No. 80-1776, §8, 2-11-1980; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §14-48]
Before the Police Chief shall offer any impounded property for sale as provided in this Article, he shall post a public notice of sale at the City Hall and shall publish not less than once and at least ten (10) days before the sale, in a local newspaper, a notice of such sale. Such notices shall describe briefly the property to be sold and shall state the time and the place where it will be sold, and if it be a motor vehicle, its manufacturer's name and its model and/or motor number shall be stated therein. The cost of such advertisement shall be a charge against the proceeds of the property sold.
[Ord. No. 98-2363 §1, 12-10-1998; Ord. No. 2009-2833 §1, 7-14-2009; Ord. No. 2015-3047 §1, 11-24-2015[1]]
A. 
Findings.
1. 
The parking or storing of motor vehicles which are not in an operating condition on driveways, tracts and lots within the City creates potential safety hazards and may limit access to emergency vehicles.
2. 
The storing or parking of motor vehicles which are not in an operating condition on driveways, tracts or lots in districts zoned for residential use damages the residential character of those districts and may adversely affect the property values of adjacent residences.
B. 
Definitions. For the purposes of this Section, the following terms, phrases, words and their derivation shall have the meanings given in this Section.
APPROVED FORM FITTING COVER
Weather and tear resistant canvas, woven polyester, (or better) official form fitting vehicle cover. Plastic is not an acceptable material.
MOTOR VEHICLE
Every vehicle which is self-propelled.
1. 
Any vehicle missing any part vital to its operation, such as its engine, transmission, tires, wheels and required safety equipment;
2. 
Any vehicle missing any substantial portion of its exterior body parts including, but not limited to, its hood, trunk, and front and side body work;
3. 
Any van, truck or trailer box either connected or disconnected from the chassis and which is not connected to an engine; or
4. 
Any vehicle not displaying a currently effective license or registered number plate or plates, including any registration decal required by the laws of Missouri and/or the County and/or the City and issued to the owner of any such vehicle to be displayed on the vehicle registered.
OWNER OR PERSON IN POSSESSION
Any individual, partnership, joint venture, corporation or other business or legal entity that owns or is in temporary possession of a motor vehicle.
C. 
Applicability — Severability Clause.
1. 
Nothing in this Chapter shall be construed to abrogate or impair the powers of the courts or any department of the City to enforce any provisions of its ordinances or regulations; nor to prevent or punish violations thereof; and the powers conferred in this Chapter shall be in addition and supplemental to the powers conferred by any other ordinance.
2. 
In the event that any part or portion of this Section is declared invalid, the remainder of its provisions shall not be affected, but such remaining provisions shall continue in full force and effect.
D. 
Parking And Storing Of Vehicles Which Are Not In An Operating Condition In Districts "R-1", "R-2", "R-3", "MHP" and "PRD".
1. 
It is unlawful for the owner or person in possession of any motor vehicle to park or place said vehicle upon a driveway, lot, plot, tract or City right-of-way within any district zoned "R-1", "R-2", "R-3", "MHP" or "PRD" (except in an enclosed structure or an approved form fitting car cover) while said vehicle is not in an operating condition. The provisions of this Section shall not apply to owners who have temporarily (not exceeding forty-eight (48) hours) placed their motor vehicles in a non-operating condition while working on said vehicles on their premises. In no event (except those listed in Subsection (D)(3)) shall an owner or person in possession maintain a motor vehicle on his/her premises in a non-operating condition for a period in excess of forty-eight (48) hours unless such vehicle is placed in an enclosed structure or under an approved form fitting car cover. Approved form fitting car covers may only be used in lieu of an enclosed structure when the vehicle is located to the side or the back of the house. The approved form fitting car cover must be opaque and cover the entire vehicle.
2. 
The Code Official or designee for the City shall serve notification, in accordance with the currently adopted International Property Maintenance Code, if he/she finds a violation of this Section.
3. 
When an inoperable vehicle that is for sale has been parked upon a parcel within the City limits, the vehicle must have a for sale sign placed on the front windshield stating the date it was placed on the parcel for sale. That vehicle cannot sit on the parcel in excess of thirty (30) days at which time the vehicle must be removed from the parcel and cannot again be replaced on this parcel in an inoperable condition for any purpose.
4. 
Only two (2) inoperable vehicles will be allowed per lot.
E. 
Parking And Storing Of Vehicles Which Are Not In An Operating Condition In Districts Zoned "C-1", "C-2", "C-3".
1. 
Subject to the exception of auto sales lots and repair garages lawfully operating in any district zoned "C-1", "C-2", "C-3," it is unlawful for the owner or person in possession of any motor vehicle to park or place said vehicle upon a driveway, lot, plot, tract or City right-of-way within any district zoned "C-1", "C-2", "C-3" (except in an enclosed structure or under an approved form fitting car cover) while said vehicle is not in an operating condition. The provisions of this Section shall not apply to owners who have temporarily (not exceeding forty-eight (48) hours) placed their motor vehicles in a non-operating condition while working on said vehicles on their premises. In no event (except those listed in Subsection (E)(3)) shall an owner or person in possession maintain a motor vehicle on his premises in a non-operating condition for a period in excess of forty-eight (48) hours unless such vehicle is placed in an enclosed structure or under an approved form fitted car cover. Approved form fitted car covers may only be used in lieu of an enclosed structure when the vehicle is located to the side or the back of the house or business location. The approved form fitted car cover must be opaque and cover the entire vehicle and be maintained in good condition.
2. 
The Code Official or designee for the City shall serve notification, in accordance with the currently adopted International Property Maintenance Code, if he/she finds a violation of this Section.
3. 
When an inoperable vehicle that is for sale has been parked upon a parcel within the City limits, the vehicle must have a for sale sign placed on the front windshield stating the date it was placed on the parcel for sale. That vehicle cannot sit on the parcel in excess of thirty (30) days at which time the vehicle must be removed from the parcel and cannot again be replaced on this parcel in an inoperable condition for any purpose.
F. 
Parking And Storing Of Vehicles Which Are Not In An Operating Condition In Districts Zoned "M-1", "M-2".
1. 
Subject to the exception of a licensed van, truck or trailer box connected to a chassis and auto sales lots and repair garages lawfully operating in any district zoned "M-1", "M-2," it is unlawful for the owner or person in possession of any motor vehicle to park or place said vehicle upon a driveway, lot, plot, tract or City right-of-way within any district zoned "M-1", "M-2" (except in an enclosed structure or under an approved form fitted car cover) while said vehicle is not in an operating condition. The provisions of this Section shall not apply to owners who have temporarily (not exceeding forty-eight (48) hours) placed their motor vehicles in a non-operating condition while working on said vehicles on their premises. In no event (except those listed in Subsection (F)(3)) shall an owner or person in possession maintain a motor vehicle on his/her premises in a non-operating condition for a period in excess of forty-eight (48) hours unless such vehicle is placed in an enclosed structure or under an approved form fitted car cover. Approved form fitted car covers may only be used in lieu of an enclosed structure when the vehicle is located to the side or the back of the house or business location. The approved form fitted car cover must be opaque and cover the entire vehicle.
2. 
The Code Official or designee for the City shall serve notification, in accordance with the currently adopted International Property Maintenance Code, if he/she finds a violation of this Section.
3. 
When an inoperable vehicle that is for sale has been parked upon a parcel within the City limits, the vehicle must have a for sale sign placed on the front windshield stating the date it was placed on the parcel for sale. That vehicle cannot sit on the parcel in excess of thirty (30) days at which time the vehicle must be removed from the parcel and cannot again be replaced on this parcel in an inoperable condition for any purpose.
G. 
Penalties. Penalties for violation of this Section shall be in accordance with the IBC Property Maintenance Code Section 106.4.
[1]
Editor’s Note: Ord. No. 2015-3047 also changed the title of Ch. 250 from "Junked, Wrecked, Abandoned Property" to "Junked, Wrecked, Abandoned, Unlicensed Property."