CHAPTER 215:  NUISANCES

Art. I.  Weeds And Vegetation

§     215.010: Weeds And Vegetation─Declared Public Nuisance

Article II.  Abandoned Or Derelict Vehicles

§     215.020: Definitions

§     215.030: Abandoned And Derelict Motor Vehicles Prohibited

§     215.040: Duty To Notify City Clerk

§     215.050: Enforcement Procedures

§     215.060: Removal Of Abandoned Or Derelict Vehicles From Private Property

§     215.070: Emergency Removal

§     215.080: Removal Of Vehicles─Notice To Owner

§     215.090: Access To Abandoned Or Derelict Vehicles

§     215.100: Disposition Of Vehicles

§     215.110: Exceptions To This Article

ARTICLE I.  WEEDS AND VEGETATION

SECTION 215.010: WEEDS AND VEGETATION─DECLARED PUBLIC NUISANCE

A.    Failure To Keep Weeds, High Grass, And Brush Cut And Removed, A Nuisance. All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass, and brush growing on such property cut and removed.  Whenever such weeds, high grass or brush shall attain the height of seven (7) inches, it shall be deemed a public nuisance.

B.    Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Sub­section (A).

C.    Liability. Whenever weeds, in violation of Subsection (A) of this Section, are allowed to grow on any part of any lot or ground within the City, the owner of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable.

D.    Notice. The Chief of Police or his/her designated representative shall give a hearing after four (4) days' notice thereof, either personally or by United States mail to the owner or owners, or his/her or their agents, or by posting such notice on the premises; thereupon, the Chief of Police or his/her designated representative may declare the weeds to be a nuisance and order the same to be abated within five (5) days.

E.     Disposition. In case the weeds are not cut down and removed within the five (5) days, the Chief of Police or his/her designated representative shall have the weeds cut down and removed, and shall certify the costs of same to the City Clerk.

F.    Tax Bill.  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; and 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 mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto.  Each special tax

§ 215.010 Pasadena Hills City Code       § 215.020

bill shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) day of June of each year.  Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.

ARTICLE II.  ABANDONED OR DERELICT VEHICLES

SECTION 215.020: DEFINITIONS

For the purposes of this Article, the following terms, words or phrases shall have the meanings respectively ascribed to them:

ABANDONED VEHICLE:  Any motor vehicle, or part thereon, situated on private property or upon any street or highway, and

1.     Which does not have displayed thereon a permanent license plate or set of plates issued for that vehicle indicating current registration by one (1) of the States of the United States and which is not stored in a completely enclosed garage, basement, or other enclosed building on the premises on which it is located; or

2.     The owner of which indicates by his/her words or actions his/her intent to leave the vehicle and no longer claims ownership thereof.

DERELICT VEHICLE:  Any partly mismantled, wrecked, dilapidated, or non-operative automobile or other motor vehicle or parts thereof which are found upon any private property, street or highway, and which are not housed in a completely enclosed garage, basement or other enclosed building.  Any motor vehicle or automobile component or element thereof found disassembled upon private property, street or highway shall be considered to be dismantled, wrecked, or dilapidated for the purpose of this Article when such automobile or other vehicle is found lacking essential component parts which prevent it from being immediately operative under its own power or which vehicle or automobile is not properly licensed. 

MOTOR VEHICLE:  Includes all vehicles, or any part thereof designed or constructed to be propelled otherwise than by human power, and includes any such vehicle whether or not by reason of its present condition it is still capable of self-propulsion.  This definition shall include, but not be limited to cars, trucks, recreational vehicles, campers, trailers and boats.

PARKING AREA:  Any area paved with concrete or asphaltic concrete.

PERSON:  Any individual, firm, partnership, association, corporation or other organization of any kind.

PROPERTY:  Any real estate within the City which is not a street or highway.

STREET OR HIGHWAY:  The entire width between the boundary lines of any way, any part of which is open to the use of the public for purposes of motor vehicle traffic.

(Ord. No. 301 §1, 8-8-83)

§ 215.030         Nuisances          § 215.060

SECTION 215.030: ABANDONED AND DERELICT MOTOR VEHICLES PROHIBITED

A.    No person shall leave any abandoned or derelict motor vehicle on public or private property.

B.    No person shall store or allow any abandoned or derelict motor vehicle to remain on property within the City which is owned, occupied or managed by such person except in a completely enclosed garage, basement or other enclosed building.  (Ord. No. 301 §2, 8-8-83)

SECTION 215.040: DUTY TO NOTIFY CITY CLERK

Any person owning, occupying or managing any property located within the City of Pasadena Hills shall immediately notify the City Clerk of the year, make, model, license and manufactures number and the name of the owner of any motor vehicle left upon such property without the consent of the owner, occupant, or manager.  (Ord. No. 301 §3, 8-8-83)

SECTION 215.050: ENFORCEMENT PROCEDURES

A.     Abandoned Or Derelict Vehicles On Streets, Highways, Or Public Property.  Whenever an abandoned or derelict vehicle has been parked, stored or left on any street, highway or property owned or controlled by the City of Pasadena Hills, such vehicle shall be removed by or under the direction of the City and its owner shall be cited for violation of this Article upon receiving twenty-four (24) hours advance notice.

B.     Abandoned Or Derelict Vehicles On Private Property.  

1.          Whenever the City shall be notified that an abandoned or derelict vehicle is located upon private property within the City of Pasadena Hills, notice shall be given to the owner and occupant, if other than the owner of the property, to remove the abandoned or derelict vehicle within seven (7) days. 

2.     The written notice may be either delivered in person or forwarded by certified mail to the occupant and owner, if other than the occupant at his/her address as last shown on the tax records of the City.  If the property is vacant and the owner cannot be located, said notice shall be posted on the vehicle.  (Ord. No. 301 §4, 8-8-83)

SECTION 215.060: REMOVAL OF ABANDONED OR DERELICT VEHICLES FROM

PRIVATE PROPERTY

A.    If an abandoned or derelict vehicle has not been removed by the eighth (8th) day following the personal service of the notice to the owner or its being deposited in the mail as prescribed in Section 215.050(B) herein, the City is authorized to arrange for its prompt removal on behalf of the City.  Such action by the City shall not provide a defense or excuse to the person owning, occupying or managing such property for failure to comply with any of the provisions of this Article.

B.    The owner or owners of property from which an abandoned or derelict vehicle has been removed under the provisions of Subsection (A) herein, shall jointly and severally be liable for all unrecovered cost to the City in effecting such removal.  In the event that payment is not made on demand, such costs shall be assessed against the property from which the abandoned or derelict

§ 215.060 Pasadena Hills City Code       § 215.100

vehicle is removed, as provided by law in the case of special assessments and shall be a first lien on the property affected thereby until paid.  (Ord. No. 301 §5, 8-8-83)

SECTION 215.070: EMERGENCY REMOVAL

When the presence of a motor vehicle on public property, private property or on a street or highway shall be an immediate hazard to the health, safety or welfare of any person, the City may without notice cause the motor vehicle to be removed.  (Ord. No. 301 §6, 8-8-83)

SECTION 215.080: REMOVAL OF VEHICLES─NOTICE TO OWNER

When a motor vehicle is removed from public or private property or from a street or highway under the provisions of this Article, such motor vehicle shall be conveyed by or under the direction of the City by means of towing or otherwise to a designated place.  A notice shall be given to the owner by first class mail of the removal and the right of the owner to secure the return of the vehicle upon payment of costs of removal and storage.  (Ord. No. 301 §7, 8-8-83)

SECTION 215.090: ACCESS TO ABANDONED OR DERELICT VEHICLES

A.    No person shall deny access to any duly authorized agent of the City to any property upon which may be located an abandoned or derelict vehicle.  If any person shall refuse to allow access onto his/her private property, a warrant to do so may be obtained from the proper official and the agent shall proceed accordingly.

B.    No person shall interfere with any authorized agent of the City engaged in the removal of any abandoned or derelict vehicle.  (Ord. No. 301 §8, 8-8-83)

SECTION 215.100: DISPOSITION OF VEHICLES

A.     Redemption By Owner.  Before the owner or person in charge of an impounded vehicle shall be permitted to remove it from the custody of the City, he/she shall:

1.          Furnish evidence of his/her identity and ownership of vehicle; and,

2.     Sign a receipt; and,

3.     Show receipts for payment of all costs of towing and storage of the vehicle.

B.    Sale Of Impounded Vehicles With Values Of Less Than Fifty Dollars.  Whenever a motor vehicle impounded under the provisions of this Article is deemed to have a value less than fifty dollars ($50.00), then the motor vehicle may be sold for scrap after the tenth (10) day of impoundment.

C.    Sale Of Impounded Vehicle With Value In Excess of Fifty Dollars. 

1.          Whenever any motor vehicle impounded under the provisions of this Article has not been redeemed by the owner during the sixty (60) days following impoundment, the City may order the vehicle to be sold for cash at public sale to the highest bidder provided that the following procedures shall have been complied with:

§ 215.100         Nuisances          § 215.110

a.   The City shall have completed an investigation for the purpose of determining the identity of the owner of the vehicles; and

b.   The sale shall have been advertised by publishing a notice at least once in some paper published in St. Louis County not less than five (5) days prior to such sale.  The notice shall give the identity of the owner of the vehicle, if known, together with the particular description of the vehicle; and

2.          Whenever an impounded motor vehicle shall have been sold under the provisions of this Article, the proceeds of such sale shall be deposited with the City Treasurer for deposit in the General Fund of the City, together with the following documents:

a.   Statement of costs incurred by the City in towing, storage and sale of the vehicle;

b.   A written copy of the reports of investigation;

c.   The newspaper publisher's affidavit of publication; and

d.   A Police Report of the sale, including amount and name and address of the purchaser.

3.     The owner of any impounded vehicle may return such vehicle prior to sale by paying all costs and expenses, or at the sale shall be afforded first opportunity to redeem the vehicle before it is sold to any other person.  Any owner may, upon application filed within one (1) year of the date of sale and upon establishing proof of his/her ownership, shall be given the proceeds from sale of his/her vehicle less any costs and expenses incurred by the City for towing, storage, and sale of the vehicle.  (Ord. No. 301 §9, 8-8-83)

SECTION 215.110: EXCEPTIONS TO THIS ARTICLE       

Nothing contained in the provisions of this Article shall be deemed to prohibit the following:

1.     The storage of abandoned or derelict vehicles in a completely enclosed building;

2.     The storage of abandoned or derelict vehicles by the City of Pasadena Hills, or its authorized agent;

3.     The keeping of any vehicle in temporary disrepair for the purpose of repairs by any duly licensed automobile repair shop, provided that such vehicle is kept no more than five (5) days.  (Ord. No. 301 §10, 8-8-83)