Velda City, MO Damaged or Disabled Vehicles

Section 215.030 Damaged and Disabled Vehicles.

Definitions. As used in this Section the following words shall have the meanings set out below:

Any vehicle which is not registered or is improperly registered with the State of Missouri; has been inoperable on public property for more than forty-eight (48) 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 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, co-partnership, 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.

Damaged Or Disabled Vehicle. Any person who allows any damaged or disabled vehicle, part thereof, or junk, to be 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 shall be deemed guilty of a misdemeanor. Each day of violation shall be deemed a separate offense.

Complaints, How Made. Any complaint by any person, including Police Officers, shall be made to the Board of Aldermen or their appointed representative. The Board of Aldermen or their appointed representative shall then review the complaint and any evidence produced in support thereof. If the Board of Aldermen or their appointed representative determines that there is a nuisance within the meaning of this Section, they or their appointed representative shall begin proceedings against the person or persons creating or maintaining such nuisance as provided in this Section.

Notice. Whenever the Board of Aldermen determines that any vehicle or junk is a nuisance as defined herein, the Chief of Police shall cause written notice to be served upon the owner of the 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 Subsection (B) hereof, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Section, and state that the nuisance shall be abated within seven (7) days from receipt of such notice.

Hearing. Whenever the owner or custodian of any nuisance as defined in Subsection (B) has been served with written notice as provided in Subsection (D) of this Section, the owner or custodian of said nuisance shall be given an opportunity to appear before the Board of Aldermen to be allowed a hearing on the existence of said nuisance. The right to a hearing shall be contained in the notice as provided in Subsection (D) of this Section. As stated in Subsection (D) the violator shall have seven (7) days to abate the nuisance or to appear before the Chief of Police or other designated official. Should the violator fail to comply, the Chief of Police or designated official shall service the case to the Municipal Judge for prosecution at which time a summons will be served to the violator.

Proceedings When Owner Or Custodian Cannot Be Located. When the owner or custodian of any nuisance as defined in Subsection (B) cannot be located by a 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 notice was posted, or if the vehicle is on public property, within two (2) days of the date notice was posted.

Duty Of The Owner Or Custodian. 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.

Disposition. 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/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 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 (90) 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.

Notice Of Sale. 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

That the City is selling abandoned 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; and

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.

Entry Onto Private Property. The Chief of Police or his/her duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle or junk in accordance with this Section. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith.