City of Fredericktown, MO Chapter 215 Nuisances

Section 215.010 Purpose And Findings.

[R.O. 2013 § 210.010; Ord. No. 13-16 § 1, 4-8-2013]

The Mayor and Board of Aldermen of the City find that unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property. A property which is merely unkempt may reduce the value of adjoining property by more than thirty percent (30%) and if there are sufficient properties which are unkempt, unsightly and dangerous, that the habitability and economic well-being of the City are materially and adversely affected. This Chapter is an exercise of the City's police power, and it shall be liberally construed to effect this purpose.

Section 215.020 Definitions.

[R.O. 2013 § 210.020; Ord. No. 13-16 § 1, 4-8-2013]

A. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

ABANDONED

Any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicate that no person is presently in possession, e.g. disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location.

ABATEMENT

The removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying or effacing it.

ABATEMENT OFFICER or CODE OFFICIAL

The City's designated personnel assigned to enforcement of this Chapter.

CITY ADMINISTRATOR

The City Administrator or his/her designate.

DAMAGED OR DISABLED VEHICLE

Any vehicle which:

1. Is not registered or is improperly registered with the State;

2. Has been inoperable for more than seventy-two (72) hours; or

3. Is in such a state of disrepair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business for less than six (6) months or in a duly licensed automobile junking yard.

DEBRIS

Includes weed cuttings, cut and fallen trees and shrubs, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, and/or any flammable material.

JUNK

Any metal, glass, paper, rags, wood, machinery parts, cloth or other waste or discarded material of any nature or substance whatsoever of scrap or salvage materials.

NON-LICENSED VEHICLE

Any kind of contrivance used to carry people or goods from one place to another that is not properly licensed with the State excluding bicycles and children's riding toys.

OCCUPANT

Any person who is in physical possession of the property or in whose name the City utilities are registered.

OWNER

Any person having any interest in the real estate in question as shown upon the records of the office of the County Assessor, or any person with legal, financial or equitable interest in the property who establishes his or her interest before the Code Official and/or Board of Aldermen. For the purpose of giving notice, the term "owner" also includes any person in physical possession.

PROPERTY

Any real property, premises, structure or location on which a public nuisance is alleged to exist.

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 215.030 Public Nuisances. [1]

[R.O. 2013 § 210.030; Ord. No. 13-16 § 1, 4-8-2013]

A. Public Nuisance Defined. Any fence, wall, shed, deck, house, garage, building, swimming pool, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City, in any one (1) or more of the following particulars:

1. By reason of being a menace, threat and/or hazard to the general health and safety of the community.

2. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.

3. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.

B. Certain Acts Declared A Public Nuisance. The following acts, in addition to any others in violation of Subsection (A) above and Section 215.130 of this Code, are determined by the Board of Aldermen as offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:

1. Accumulation or disposal of trash, lumber which is not piled or stacked more than twelve (12) inches off the ground, earth, ashes, mortar, papers, stone, brick, rock, tin, steel, dirt, manure, filth, excrement, chips or rubbish of any description, cesspools, drains, garbage or any other animal or vegetable substances, unless the accumulations or disposal of such items in such place is specifically authorized by law.

2. Garbage trucks that are not covered and leak-proof.

3. Dead animals not disposed of within twenty-four (24) hours.

4. Any pit, basin, hole, well, septic tank, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law.

5. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the City, any one (1) or more of, but not limited to, the following conditions or things:

a. Any bone, meat, hides, skin, or the whole or parts of any dead animal or fish.

b. Any chemicals or other materials commonly known to be noxious, offensive, dangerous or otherwise injurious including, but not limited to, grease, oil, antifreeze, explosives, radioactive materials, and poisons.

6. All vacant, unused or unoccupied buildings and structures within the City, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing or open doors, windows or other openings, so that the same may be used by vagrants, other persons or animals in a manner detrimental to the health and welfare of the inhabitants of the City.

7. Debris as defined in Section 215.020 of this Chapter.

8. Non-licensed vehicles, including, but not limited to, recreational vehicles, boats, trailers, and construction equipment, which are not stored in an accessory building, enclosed area or garage so that they may not be seen.

9. Any outdoor storage of items including, but not limited to, tools, equipment, machinery, non-working automobiles, parts of derelict cars or trucks, household appliances and broken furniture.

10. An inoperable, damaged, wrecked, demolished or unlicensed motor vehicle or part or portion thereof, or junk, as defined herein, to remain on an owner's or occupier's property not stored in an accessory building, enclosed area or garage so that they may not be seen.

11. The tearing down, stripping, junking, storage, repair or servicing of vehicles outside of an enclosed area so that they may not be seen is prohibited unless such use is shown to be specifically authorized, permitted or licensed under other ordinances of the City, or unless necessary repairs are being made by an owner to his/her own vehicle and are completed within seven (7) days.

12. Any vehicle parked on private property except on a weed-free surface made of gravel, crushed stone, asphalt or Portland cement concrete, unless said parking is otherwise permitted under the zoning ordinance.

13. All trees and other appendages of or to realty kept or maintained, or which are permitted by any person owning or having control thereof to be kept or maintained, in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.

14. All ponds or pools of stagnant water, and all foul or dirty water or liquid when discharged through any drain, pipe or spout or thrown into or upon any street, public place or lot to the injury or annoyance of the public.

15. All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter or other article thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public.

16. All sidewalks, gutters or curbstones permitted to remain in an unsafe condition or out of repair.

17. All stables, cattle yards, hog, sheep or cow pens or yards for poultry permitted by the owner thereof, or the person responsible therefor, to be in such a condition as to become offensive, annoying or injurious to the public.

18. All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by competent authority.

19. Any well or cistern or any property, public or private, whenever a chemical analysis shows that the water of such well or cistern is of an impure or unwholesome nature.

20. Any violation of the International Building Code and/or the International Property Maintenance Code as adopted by the City.

21. All septic tanks, privies, privy vaults and cesspools constructed, installed or maintained contrary to any provision of State law, this Code or other ordinance.

22. Accumulation of sewage from sewer pipes.

23. A swimming pool or any other pool of water that is more than eighteen (18) inches deep or which has walls that are more than twenty-four (24) inches high that is not enclosed by a fence at least four (4) feet in height with holes or gaps no larger than four (4) inches in any dimension except for door and gates with a self-closing, self-latching gate. Such gate, when left unlatched while pool is not in use, will constitute a public nuisance.

24. Every act or thing done or made, permitted, allowed or continued on any property, public or private, by any person to the damage or injury of any of the inhabitants of the City and not hereinbefore specified.

[1] State Law Reference: See § 67.398 et seq., RSMo.

Section 215.040 Summary Abatement Of Nuisances. [1]

[R.O. 2013 § 210.040; Ord. No. 13-16 § 1, 4-8-2013]

A. Procedure.

1. Complaint. All complaints alleging the existence of a nuisance shall be made in writing and filed with the Code Official. Any resident, including any City elected official, officer or employee, may initiate a complaint.

2. Inspection. The Code Official shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The Code Official shall keep all such written reports on file for at least three (3) years.

3. Abatement. Upon the discovery of a public nuisance, the inspecting officer may order the owner or other person creating, keeping, maintaining or permitting the same to abate it.

4. Immediate Danger — Existence. Should the inspecting officer find that a public nuisance exists, and that the public health, welfare or safety may be in immediate danger, then summary abatement procedures shall be implemented and the inspecting official or department may cause the nuisance to be removed or abated.

5. Summary Abatement/Cost. Summary abatement costs shall be certified by the City Clerk and assigned to the annual real estate tax bill for the property.

6. If the public nuisance involves a building that appears structurally unsafe, the City shall follow those procedures promulgated in the International Property Maintenance Code as adopted in Chapter 500 of this Code.

B. Summary Abatement/Notice. When summary abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following summary abatement, the Code Official shall cause to be posted on the property liable for the abatement a notice describing the action taken to abate the nuisance.

[1] State Law Reference: See § 67.440, RSMo.

Section 215.050 Abatement Of Nuisances In Other Cases.

[R.O. 2013 § 210.050; Ord. No. 13-16 § 1, 4-8-2013]

A. Procedure. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the Code Official shall cause a written report of the property on which the nuisance exists to be prepared. Photographs and findings shall be included in said report. If the Code Official declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the Code Official may order the abatement of the nuisance by notice in compliance with Section 215.060 of this Code.

B. Abatement By Owner. Within ten (10) days after the posting and mailing of a notice to abate a nuisance, the owner or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Code Official.

[Ord. No. 17-05 § 1, 3-17-2017]

C. Abatement By City. After a hearing in compliance with this Chapter it is found that the nuisance or dangerous condition exists, the Code Official shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the Code Official may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage any material derived in the aforesaid abatement, the Code Official may sell the salvaged material at private or public sale and shall keep an accounting of the proceeds thereof.

D. Authorized Action. In abating a public nuisance, the Code Official may call upon any of the City departments or divisions for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the public nuisance.

E. Statement Of Costs. The Code Official shall, after completing the removal and abatement, file a statement of costs with the City Clerk. The City Clerk shall certify costs and assign costs to the annual real estate tax bill for the property.

F. Proceeds From Sale Of Private Property. The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of a public nuisance by the Code Official shall be deposited to the general fund of the City and deficit between the amount so received and the cost of the abatement shall be filed with the City Clerk. The City Clerk shall certify said costs and assess costs to the annual real estate tax bill for the property. Should the proceeds of the sale of the salvaged material exceed the cost of the abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was abated when a proper claim to the excess is established.

Section 215.060 Notice.

[R.O. 2013 § 210.060; Ord. No. 13-16 § 1, 4-8-2013]

A. Notice.

1. The Code Official shall determine all individuals, firms or corporations who, from the records in the Recorder of Deeds' office, appear to be the titled owners, occupants, lessees, mortgagees, agents, and all other persons having an interest in a building or structure as shown by said land records of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by one (1) of the following methods:

a. Leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the Recorder's records.

b. Mailing a copy to such owner at such place or address by United States certified mail return receipt.

2. If service of such written notice is unable to be perfected by any of the methods described above, the Code Official shall direct the City Clerk to cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the Code Official shall cause a copy of the notice to be posted at such structure, location or premises. The Code Official shall also determine from the Recorder of Deeds' office who the lienholder of the property, if any, as documented therein, is and cause a written notice to be served on such lienholder by United States certified mail return receipt.

B. Notice Contents. The aforesaid notice to the owners, and lienholder, if any, of the property shall state clearly and concisely:

1. The street address or legal description of the property;

2. A description of the condition or conditions alleged to constitute a public nuisance;

3. The Code Official shall cause a hearing to be scheduled before the City Administrator not sooner than ten (10) days from the date of personal service or posting in the United States mail or the notice above referenced;

4. The hearing shall be held, and commencement of abatement action by the owner will not stay or delay the scheduled hearing. No continuances shall be granted;

5. That failure of the owner, lienholder, occupant or representative to appear at the scheduled hearing shall be deemed a dismissal of the appeal, and the prior decision of the Code Official shall be final.

C. Adequacy Of Proof. The Code Official shall have discretion over what actions are sufficient to constitute the commencement of nuisance abatement. However, the Code Official shall be guided by such factors as:

1. Expedient and continuous work;

2. Abatement costs; and

3. Impact on environment or public.

D. Responsible Parties. Any person who is the record owner of the premises, location or structure at the time an order pursuant to this Chapter is issued and served upon him/her shall be responsible for complying with that order, and liable for any costs incurred by the City therewith, notwithstanding the fact that he/she conveys his/her interests in the property to another after such order was issued and served.

Section 215.070 Hearing And Appeal.

[R.O. 2013 § 210.070; Ord. No. 13-16 § 1, 4-8-2013]

A. Procedure. The owners, lienholder and occupants of the property who have been served with a notice pursuant to Section 215.060 of this Code may appear in person or by representative at a hearing with the City Administrator scheduled on a date not sooner than ten (10) days after the date of the notice letter.

B. Hearing. The City Administrator shall conduct a full and adequate hearing upon the question of whether a public nuisance in fact exists. The City Administrator may amend or modify the notice, or extend the times for compliance with the notice by the owner by such date as the City Administrator in the course of the hearing may determine.

C. Evidence. The owners, lienholder and occupants of the property, or their representative or agents of the subject property, shall be given the opportunity to present evidence to the City Administrator in the course of the hearing.

D. Order. Should the evidence support a finding that the vehicle, structure or condition constitutes a public nuisance, the City Administrator shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the vehicle, structure or condition to be a public nuisance and ordering the vehicle, structure or condition demolished, removed, repaired or otherwise abated by the City.

E. Additional Time. The City Administrator, upon written application by the owner at any time within the period after the notice has been served may grant additional time for the owner to effect the abatement of the public nuisance, provided that such extension is limited to a specific time period.

F. Costs To Be Certified. The costs of performance of the abatement order shall be certified to the City Clerk who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector. Except as otherwise provided in this Chapter, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be deemed a personal debt against the property owners and shall also be a lien on the property until paid.

G. Appeal From Decision Of City Administrator. If the decision of the City Administrator is not appealed to the Circuit Court within thirty (30) days of the date of the mailing of said decision, the decision shall be declared final in accordance with Chapter 536, RSMo.

Section 215.080 Notice And Appeal Of Assessments.

[R.O. 2013 § 210.080; Ord. No. 13-16 § 1, 4-8-2013]

A. Procedure. Upon receipt of the statement of costs from the Code Official, the City Clerk shall mail to the owners of the property upon which the public nuisance has been abated notice of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and stating that the City proposed to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the City Clerk within twenty (20) days from the date of mailing such notice. Upon the expiration of the twenty-day period, if no objections have been received by the City Clerk, the City Clerk shall enter that amount in the City liens docket which shall therefore constitute a lien against the property.

B. Objection. If the property owner or his/her representative objects to determination of cost, he/she may appeal same to the City Administrator by delivering a written notice of appeal to the City Administrator within twenty (20) days of the mailing of the notice thereof. If no appeal is taken or perfected, the initial determination of costs shall be final.

C. Absence Of Appeal. If no appeal of a determination by the Code Official is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk who shall then enter a lien in the amount determined by the Code Official in the City liens docket as provided by Subsection (A) above.

D. Filing Of Appeal. If a timely appeal is received by the City Administrator, a hearing shall be scheduled and held on the matter. If, after the hearing, the City Administrator determines that the proposed assessment is improper, the City Administrator shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the City Administrator shall so certify to the City Clerk who shall enter a lien in such amount as determined appropriate by the City Administrator.

E. Finality Of City Administrator Decision. If the judgment of the City Administrator is not appealed to the Circuit Court within thirty (30) days from the date of the City Administrator's determination of the assessment, the judgment will be declared final per Chapter 536, RSMo.

F. Cost Of Abatement — Assessments. If the Code Official determines or believes that there is good cause to reduce or adjust the cost of abatement, he/she may do so with the written approval of the City Administrator.

G. Overhead Charge, Civil Penalties.

1. Whenever a nuisance is abated by the City, the City Clerk shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) for administration and a civil penalty of two hundred dollars ($200.00) for each nuisance abated.

2. When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years concerning real property owned by the same person, an additional civil penalty of fifty percent (50%) minimum of one hundred dollars ($100.00), of the cost of abatement shall be added to the costs, charges and civil penalties provided for in Subsection (G)(1) above. The civil penalty shall be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.

3. When the City has issued two (2) administrative orders for abatement of a nuisance within a twenty-four-month period on the same property owner, an additional civil penalty of between one hundred dollars ($100.00) and five hundred dollars ($500.00) may be assessed on the second order of abatement by the City Administrator to be paid by the repeat offender as provided herein.

H. Non-Exclusive Remedy. The procedures and remedies set forth in this Chapter may be used in the alternative or in consonance with or in lieu of any other remedy or procedure authorized by law for the removal of violations or nuisances.

Section 215.090 Notice Of Violation Of Failure To Abate A Public Nuisance.

[R.O. 2013 § 210.090; Ord. No. 13-16 § 1, 4-8-2013; Ord. No. 17-05 § 2, 3-17-2017]

The owner and occupant of any property on which a public nuisance is found shall be given ten (10) days' notice to abate the public nuisance. Notice shall be by posting notice of the public nuisance on the property. The City may issue a summons for violation of this Chapter at any time within one (1) year from posting said notice to abate. The notice provisions herein shall be for the purpose of prosecution under Section 215.100 of this Chapter and shall be separate from the notice provided in Section 215.060 of this Chapter.

Section 215.100 Violations And Penalties.

[R.O. 2013 § 210.100; Ord. No. 13-16 § 1, 4-8-2013; Ord. No. 17-05 § 3, 3-17-2017]

An owner or occupant who creates or allows to continue any public nuisance as set forth in Section 215.030 of this Chapter and who shall fail to abate the public nuisance within ten (10) days as set forth in Section 215.090 of this Chapter shall be guilty of an offense and may be charged in Municipal Court with failure to abate a public nuisance and punished as set forth in Section 215.120 of this Code.

Section 215.110 Each Day's Violation After Expiration of Allotted Abatement Time Deemed Separate Offense — Enjoining Offenses.

[R.O. 2013 § 210.110; Ord. No. 13-16 § 1, 4-8-2013]

The creation, maintenance or failure to abate any nuisance after the time by which any person is required by notice to abate such nuisance has expired shall be deemed a separate and new offense each day thereafter, and punished accordingly. The prosecution of any such person for the commission of a misdemeanor shall in no case be deemed to prevent the City from enjoining the further commission of such offense.

Section 215.120 Penalty For Violation Of This Chapter.

[R.O. 2013 § 210.120; Ord. No. 13-16 § 1, 4-8-2013; Ord. No. 17-05 § 4, 3-17-2017]

Each person who shall violate any provision of this Chapter or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Code Official or other representative of the City in the abatement of any violation of this Chapter shall, upon conviction thereof, be fined in an amount as set forth in Section 479.353, RSMo.

Section 215.130 Weeds And Other Vegetation Declared Nuisances.

[R.O. 2013 § 210.130; Ord. No. 13-16 § 1, 4-8-2013]

A. Weeds And Other Vegetation Declared Nuisance — When. It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied lot or land or any part thereof in the City, or for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, any growth of weeds, grass and poisonous or harmful vegetation to a greater height than seven (7) inches on the average or any accumulation of dead weeds, fallen trees or shrubs, grass or brush, and it shall also be unlawful for any person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place, and the growth of such weeds, grass and poisonous or harmful vegetation of a height of more than seven (7) inches be and hereby is declared to be a nuisance. Any violation may be corrected by the City under Subsection (D) of this Section and brought before the Municipal Court as provided in Subsection (E) of this Section.

1. Exceptions:

a. Any lot or tract of land in excess of ninety thousand (90,000) square feet which is not being used for an industrial, commercial or residential purpose shall have a border within which all weeds, grass or vegetation (other than trees, decorative shrubs or cultivated flowers) shall be maintained at a height of no greater than seven (7) inches on the average. Said border shall be measured along its perimeter twenty-five (25) feet deep from the public right-of-way and/or from any adjoining lot or tract of land used for an industrial, commercial or residential purpose.

b. Any lot or tract of land in excess of ninety thousand (90,000) square feet which is used exclusively for agricultural purposes. For purposes of this exception, "agricultural purposes" shall be defined as row crops, vegetable crops, or orchards.

B. Vegetation At Street Intersection Prohibited. No person shall allow any vegetation (trees, shrubs, grasses, etc.) or any other object, including a sign of any type, to be so located as to unreasonably obstruct the view of approaching or cross traffic at any street intersection. Any obstruction within the triangle formed on each side of which is fifty (50) feet along the street from the outer edge of the intersection and the hypotenuse is presumptively in violation of this Section. Any violation may be corrected by the City under Subsection (D) of this Section and otherwise brought before the Municipal Court as provided in Subsection (E) of this Section.

C. Duty Of Owner, Etc., To Remove. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Subsection (A) of this Section.

D. Abatement Procedure. If the provisions of this Section are not complied with, the Code Official shall give notice to the owner of the lot or his/her agent, the occupant, if any, and the lessee, if any. The notice may be delivered by personal service, by certified mail or by ordinary mail. If sent by ordinary mail, there is a rebuttable presumption that the letter was delivered three (3) days after the date it was sent. If the name or address of the owner or the owner's agent is unknown or if the mail is returned, then the service shall be made by posting such notice on the property. Any of the individuals receiving notice shall have the right to protest said notice within ten (10) days of receipt by requesting a hearing before the City Administrator as set forth in Section 215.070. In the event that the weeds or other vegetation are not cut down and removed within ten (10) days, or in the event that protest has not been filed within ten (10) days, the Code Official shall have the weeds cut down and removed and shall certify the cost of the same to the City Clerk. The City Clerk shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no more clerical error of informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first day of September of each year. Such bills, if not paid when due, shall bear interest at the minimum rate of interest allowed by law.

[Ord. No. 17-05 § 5, 3-17-2017]

E. Violation And Penalty. Each person who shall violate any provision of this Section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Code Official or other representative of the City in the cutting and removal of weeds, grass and other vegetation shall, upon conviction thereof, be fined in an amount as set forth in Section 479.353, RSMo.

[Ord. No. 17-05 § 5, 3-17-2017]

Section 215.140 Inspection For Nuisances — Generally.

[R.O. 2013 § 210.140; Ord. No. 13-16 § 1, 4-8-2013]

The Code Official of the City, or such other person as may be designated by the Mayor, shall from time to time, as he/she or the Mayor, in his/her discretion, deems just, make inspection of all business properties within the City to determine whether or not a nuisance exists. If there is found probable grounds to believe that a nuisance is existing or is being maintained or allowed to exist, steps shall be taken as provided for in this Chapter.

Section 215.150 Costs Of Abatement — Special Tax Bill. [1]

[R.O. 2013 § 210.150; Ord. No. 13-16 § 1, 4-8-2013]

If the City Administrator issues an order whereby a building or structure found and declared to be a nuisance is demolished or repaired, the cost of performance shall be certified to the City Clerk's officer in charge of finance, who shall cause a special tax bill therefor against the property to be prepared and collected by the City Collector or other official collecting taxes. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill, from the date of its issuance, shall be a lien on the property until paid.

[1] State Law Reference: See § 67.410, RSMo.

Section 215.160 Lien On Insurance Proceeds For Damages Or Losses To Buildings Or Structures. [1]

[R.O. 2013 § 210.160]

A. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, and if the covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure, then the following procedure shall apply:

1. The insurer shall withhold from the covered claim payment ten percent (10%) of the covered claim payment, and shall pay that amount to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the monies held by the City shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsements thereto, provide.

2. The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the Fredericktown Code, this Chapter or the International Property Maintenance Code. If the City has proceeded under said provisions, all monies in excess of that necessary to comply with said provisions for the removal of the building or structure, less salvage value, shall be paid to the insured.

3. The City may certify that, in lieu of payment of all or part of the covered claim payment under this Section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this Subsection.

4. No provision of this Section shall be construed to make the City a party to any insurance contract.

[1] State Law Reference: See §§ 67.410 and 67.414, RSMo.

Section 215.170 Administrative Search Warrants.

[R.O. 2013 § 210.170; Ord. No. 13-16 § 1, 4-8-2013]

A. Search Warrant Defined — Who May Issue, Execute.

1. An administrative search warrant is a written order of the Municipal Judge commanding the search or inspection of any property, place or thing, and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein to determine or prove the existence of violations of any ordinance or Code Section of the City of Fredericktown ("City") relating to the use, condition or occupancy of property or structures located within the City, or to enforce the provisions of any such ordinance or Code Section.

2. The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:

a. The property or place to be searched or inspected or the thing to be seized is located within the City at the time of the making of the application; and

b. The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the City or is unavailable to give consent.

3. Any such warrant shall be directed to the Chief of Police or any other Police Officer, or the Code Official of the City and shall be executed by said officials within the City limits and not elsewhere.

B. Who May Apply For Warrant — Contents Of Application.

1. Any Police Officer, Code Official or an attorney of the City may make application to the Municipal Judge for the issuance of an administrative search warrant.

2. The application shall:

a. Be in writing;

b. State the time and date of the making of the application;

c. Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

d. State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City to allow such action and has refused to allow such action or that a certified notice has been sent to the last known address for the property owner as disclosed by the County Assessor's records and no response has been received in a timely manner;

e. State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:

(1) Search or inspect for violations of an ordinance or Code Section specified in the application; or

(2) Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;

f. Be verified by the oath or affirmation of the applicant; and

g. Be signed by the applicant and filed in the Municipal Court.

3. The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.

C. Hearing And Procedure — Contents Of Warrant — Execution And Return.

1. Hearing And Procedure.

a. The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section.

b. In doing so the Municipal Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section sought to be enforced and such other factors as may be appropriate, including, but not limited to, the physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant City ordinance or Code Section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City ordinance or Code Section.

c. If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.

d. The warrant shall issue in the form of an original and two (2) copies, and the application, any supporting affidavit and copy of the warrant as issued shall be retained in the records of the Municipal Court.

2. Contents Of Search Warrant. The search warrant shall:

a. Be in writing and in the name of the City;

b. Be directed to any Police Officer or Code Official in the City;

c. State the time and date the warrant was issued;

d. Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;

e. Command that the described property or places be searched or entered upon, and that any evidence of any City ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized be returned within ten (10) days after filing of the application to the Municipal Judge who issued the warrant, to be dealt with according to law;

f. Be signed by the Judge, with his/her title of office indicated.

3. Execution And Return.

a. A search warrant issued under this Section shall be executed only by a Code Official accompanied by a City Police Officer, provided however, that one (1) or more designated City Officials may accompany the officer, and the warrant shall be executed in the following manner:

(1) The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.

(2) The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.

(3) Receipt To Be Given For Property Seized.

(a) If any personal property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.

(b) A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City within two (2) working days of the search.

(c) The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.

(4) The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.

(5) An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.

(6) A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the issuance of the warrant.

b. Warrant Return.

(1) After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.

(2) The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.

(3) The return shall be accompanied by any photographs, copies, or recordings made, and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.

(4) The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.

Section 215.180 Open Storage Of Inoperable Vehicles Or Public Safety Hazards Prohibited. [1]

The open storage of inoperable or unlicensed vehicles or other vehicles deemed by the City to constitute a public safety hazard is prohibited. Nothing in this Section shall apply to a vehicle which is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.

[1] State Law Reference: For similar provisions, § 304.159, RSMo.

Section 215.190 Towing Of Abandoned Property On Private Real Property. [1]

A. Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 215.180 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of Section 215.200. When a City agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.

B. Towing Authorized By City Police Department. If a person abandons property on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any City Police Officer may authorize a towing company to remove such abandoned property from the property in the following circumstances:

1. The abandoned property is left unattended for more than forty-eight (48) hours; or

2. In the judgment of a Police Officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

C. Towing Authorized By Real Property Owner, Lessee Or Property Or Security Manager.

1. The owner of real property or lessee in lawful possession of the real property or the property or security manager of the real property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a Law Enforcement Officer only when the owner, lessee or property or security manager of the real property is present. A property or security manager must be a full-time employee of a business entity. An authorization to tow pursuant to this Subsection may be made only under any of the following circumstances:

a. Sign. There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two (17 x 22) inches in size, with lettering not less than one (1) inch in height, prohibiting public parking and indicating that unauthorized abandoned property or property parked in a restricted or assigned area will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained or a twenty-four-hour staffed emergency information telephone number by which the owner of the abandoned property or property parked in a restricted or assigned area may call to receive information regarding the location of such owner's property.

b. Unattended On Owner-Occupied Residential Property. The abandoned property is left unattended on owner-occupied residential property with four (4) residential units or less and the owner, lessee or agent of the real property in lawful possession has notified the City Police Department, and ten (10) hours have elapsed since that notification.

c. Unattended On Other Private Real Property. The abandoned property is left unattended on private real property and the owner, lessee or agent of the real property in lawful possession of real property has notified the City Police Department, and ninety-six (96) hours have elapsed since that notification.

2. Pursuant to this Section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a City Police Officer shall at that time complete an abandoned property report which shall be considered a legal declaration subject to criminal penalty pursuant to Section 575.060, RSMo. The report shall be in the form designed, printed and distributed by the Missouri Director of Revenue and shall contain the following:

a. The year, model, make and abandoned property identification number of the property, and the owner and any lienholders, if known;

b. A description of any damage to the abandoned property noted by owner, lessee or property or security manager in possession of the real property;

c. The license plate or registration number and the State of issuance, if available;

d. The physical location of the property and the reason for requesting the property to be towed;

e. The date the report is completed;

f. The printed name, address and telephone number of the owner, lessee or property or security manager in possession of the real property;

g. The towing company's name and address;

h. The signature of the towing operator;

i. The signature of the owner, lessee or property or security manager attesting to the facts that the property has been abandoned for the time required by this Section and that all statements on the report are true and correct to the best of the person's knowledge and belief and that the person is subject to the penalties for making false statements;

j. Space for the name of the law enforcement agency notified of the towing of the abandoned property and for the signature of the Law Enforcement Official receiving the report; and

k. Any additional information the Missouri Director of Revenue deems appropriate.

3. Any towing company which tows abandoned property without authorization from the City Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the City Police Department. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the City Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (C)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.

4. The City Police Department, after receiving such abandoned property report, shall record the date on which the abandoned property report is filed with the Police Department and shall promptly make an inquiry into the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The Police Department shall enter the information pertaining to the towed property into the statewide law enforcement computer system and a Police Officer shall sign the abandoned property report and provide the towing company with a signed copy.

5. The City Police Department, after receiving notification that abandoned property has been towed by a towing company, shall search the records of the Missouri Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property, and if the tower has online access to the Department of Revenue's records, the tower shall comply with the requirements of Section 304.155, RSMo. If the abandoned property is not claimed within ten (10) working days, the towing company shall send a copy of the abandoned property report signed by a Law Enforcement Officer to the Department of Revenue.

6. No owner, lessee or property or security manager of real property shall knowingly authorize the removal of abandoned property in violation of this Section.

7. Any owner of any private real property causing the removal of abandoned property from that real property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

a. Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

b. The removal of property other than the property specified by the owner of the private real property from which the abandoned property was removed.

D. Damage To Property. The owner of abandoned property removed from private real property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

E. Real Property Owner Liability. Any owner of any private real property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this Chapter.

F. Written Authorization Required — Delegation Of Authority To Tow.

1. Except for the removal of abandoned property authorized by the City Police Department pursuant to this Section, a towing company shall not remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real property owner. All written authorizations shall be maintained for at least one (1) year by the towing company.

2. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen (15) feet of a fire hydrant or in a fire lane designated by a Fire Department or the State Fire Marshal.

G. Towing Company Liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (F) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.

[1] State Law References: For similar provisions, §§ 304.157.1, 304.157.2, 304.157.4 through 304.157.9, 304.158.2 through 304.158.4, 304.158.8 and 304.158.9, RSMo. (2004).

Section 215.200 General Provisions And Procedures. [1]

A. Payment Of Charges. The owner of abandoned property removed as provided in this Chapter shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Section 385.050.

B. Crime Inquiry And Inspection Report. As to crime inquiry and inspection reports required by State law, see Chapter 385 of this Code, Section 385.040.

C. Reclaiming Property. The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

D. Lienholder Repossession. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or cooperation of the owner, then the repossessor shall notify the City Police Department within two (2) hours of the repossession and shall further provide the Police Department with any additional information the Police Department deems appropriate. The City Police Department shall make an inquiry with the National Crime Information Center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

E. Notice To Owner/Tow Lien Claim. Any towing company which comes into possession of abandoned property pursuant to this Chapter and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the Missouri Department of Revenue or of a corresponding agency in any other State. The towing company shall notify the owner and any lienholder within ten (10) business days of the date of mailing indicated on the notice sent by the Missouri Department of Revenue pursuant to Section 304.156, RSMo., by certified mail, return receipt requested. The notice shall contain the following:

1. The name, address and telephone number of the storage facility;

2. The date, reason and place from which the abandoned property was removed;

3. A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

4. A statement that the storage firm claims a possessory lien for all such charges;

5. A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

6. A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this Section to contest the propriety of such towing or removal;

7. A statement that, if the abandoned property remains unclaimed for thirty (30) days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

8. A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

F. Physical Search Of Property. In the event that the Missouri Department of Revenue notifies the towing company that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the towing company shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this Section, "good faith effort" means that the following checks have been performed by the company to establish the prior State of registration and title:

1. Check the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a State of possible registration and title;

2. Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;

3. Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

4. If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

G. Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Chapter or any person claiming a lien, other than the towing company, within ten (10) days after the receipt of notification from the towing company pursuant to Subsection (E) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.

H. Notice To Owner.

1. Notice as to the removal of any abandoned property pursuant to this Chapter shall be made in writing within five (5) working days to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which the property has been removed by either:

a. The public agency authorizing the removal; or

b. The towing company, where authorization was made by an owner or lessee of real property.

2. If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this Section shall include the amount of mileage if available shown on the abandoned property at the time of removal.

I. Tow Truck Requirements. Any towing company which tows abandoned property for hire shall have the towing company's name, City and State clearly printed in letters at least three (3) inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

J. Storage Facilities. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this Chapter shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property.

K. Disposition Of Towed Property. Notwithstanding the provisions of Section 301.227, RSMo., any towing company who has complied with the notification provisions in Section 304.156, RSMo., including notice that any property remaining unredeemed after thirty (30) days may be sold as scrap property, may then dispose of such property as provided in this Subsection. Such sale shall only occur if at least thirty (30) days have passed since the date of such notification, the abandoned property remains unredeemed with no satisfactory arrangements made with the towing company for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Section 304.156, RSMo. The towing company may dispose of such abandoned property by selling the property on a bill of sale as prescribed by the Director of Revenue to a scrap metal operator or licensed salvage dealer for destruction purposes only. The towing company shall forward a copy of the bill of sale provided by the scrap metal operator or licensed salvage dealer to the Director of Revenue within two (2) weeks of the date of such sale. The towing company shall keep a record of each such vehicle sold for destruction for three (3) years that shall be available for inspection by law enforcement and authorized Department of Revenue officials. The record shall contain the year, make, identification number of the property, date of sale, and name of the purchasing scrap metal operator or licensed salvage dealer and copies of all notifications issued by the towing company as required in this Chapter. Scrap metal operators or licensed salvage dealers shall keep a record of the purchase of such property as provided in Section 301.227, RSMo. Scrap metal operators and licensed salvage dealers may obtain a junk certificate as provided in Section 301.227, RSMo., on vehicles purchased on a bill of sale pursuant to the Section.

[1] State Law References: For similar provisions, §§ 304.155.5 304.155.6 (2004), 304.155.11 304.155.12 (2004), 304.158.1, 304.158.5, 304.158.7, RSMo.