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Home My Public Portal AboutORD14143 I SUBSTITUTE BILL NO. 2006-117 SPONSORED BY COUNCILMAN Crane ORDINANCE NO. 1403 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON PERTAINING TO ABANDONED VEHICLES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Sections 21-1 and 21-2 of the City Code are hereby amended as follows: Sec. 21-1. Definitions. Director: When used herein the term"Director"shall mean the Director of the Department of Community Development or his designee. Junked Motor Vehicle: For the purposes of this chapter,the term"junked motor vehicle"or "junked vehicle"is defined as a. any motor vehicle left unattended at the same place on any roadway in the city for a period of time in excess of seventy-two(72)consecutive hours,or b. any vehicle which is narked within the city in violation of section 22-30,as amended from time to time,of the City Code(Leaving wrecked, junked, etc.,vehicle standing on private property). Nuisance: For the purposes of this chapter article,the word"nuisance",when not otherwise defined,is hereby defined as an unlawful act,or omitting to perform a duty,or suffering or permitting any condition or thing to be or exist,which act,omission,condition or thing either: A. Injures or endangers the comfort,repose,health or safety of others;or B. Offends decency;or C. Is offensive to the senses;or D. Unlawfully interferes with,obstructs or tends to obstruct or renders dangerous for passage any public or private street,highway,sidewalk,stream,ditch Or drainage;or E. In any way renders other persons insecure in life or the use of property;or �I • Drafter's Note: Deleted text is shown thus. Inserted text is shown thus. C Trogram Files\WordPerfect Office 12\Myfiles\Counci]\Ordinances\2006-117subst.wpd SUBSTITUTE F. Essentially interferes with the comfortable enjoyment of life and property,or tends to depreciate the value of the property of others. (Code 1977, § 24-1) Sec.21-2.Illustrative enumeration. The maintaining,using,placing,depositing,leaving or permitting to be or remain on any public or private property of any of the following items,conditions or actions are hereby declared to be and constitute a nuisance;provided,however,this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: A. Noxious weeds and other rank vegetation over twelve(12)inches in height. B. Accumulation of rubbish,trash,refuse,junk and other abandoned materials, metals,lumber or other things. C. Any condition which provides harborage for rats,mice,snakes and other vermin. D. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation,or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof,or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. E. All unnecessary or unauthorized noises and annoying vibrations,including animal noises. F. All disagreeable or obnoxious odors and stenches,as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. G. The carcasses of animals or fowl not disposed of within a reasonable time after death. H. The pollution of any public well or cistern,stream,lake,canal or body of water by sewage,dead animals,creamery,industrial wastes or other substances. I. Any building,structure or other place or location where any activity which is in violation of local,state or federal law is conducted,performed or maintained. J. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground. K. Dense smoke,noxious fumes,gas,soot,dust or cinders,in unreasonable quantities. L. Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of persons using any public sidewalks in the city,or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street. • Drafter's Note: Deleted text is shoa,n ttm�. Inserted text is shown thus. C:Trogram Files\WordPerfect Office 12\Myfiles`Council�Ordinances\2006-117subst.wpd L i SUBSTITUTE M. Tree limbs and branches which overhang any public sidewalk or public street of such height above the sidewalk or street as shall impede and interfere with the use of said sidewalk by any person,or impede and interfere with the use of said street by a pedestrian or the operator of any motor vehicle,or shall endanger the safety of any person using any public sidewalk,or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street. N. Junked Motor Vehicles (Code 1977, §§ 24-1,24-3) Section 2. Chapter 22 of the City Code is hereby amended by adding the following Article: Article VIII. Junked Motor Vehicles. 22-250 Nothing in this article is intend to reveal or limit any other section of this Code. The remedies provided herein are deemed to be in addition to any other remedies provided elsewhere in the code. 22-251 Junked Motor Vehicles,as defined herein,are determined to be a nuisance. 22-252 If the Director determines a vehicle to be a junked motor vehicle he notify the owner of the junked motor vehicle and the owner of the property on which the vehicle is located . (unless the vehicle is located on public property). a. Notice shall be eiven by: L Personally deliverine a copy of the notice to the owner of the real property and the vehicle owner: or ii. Posting a notice conspicuously on the vehicle and mailine a cove of the notice to the owner of the real property and the vehicle owner by certified mail,return receipt requested. In such case,the date that the notice is eiven to the owner(s)shall be considered to be two days after the date of mailine or the date of posting,which ever occurs later. iii. For the Purvoses of the Article,the owner of the vehicle shall be presumed to be the aerson(s)registered with the Missouri Department of Revenue as the owner(s),unless the Director has knowledge of some other verson who is claimed to be the owner,in which case such putative owner shall be Oven notice as provided above in addition to the registered owner. b. Notice Contents. The notice shall contain the following information: L The date of the Notice ii. A description of the vehicle in question. Drafter's Note: Deleted text is shown thm. Inserted text is shown thus. C:\Program Files\WordPerfect Office 12\Myfiles\CouncihOrdinmces\2006-117subst.wpd SUBSTITUTE i • iii. A declaration that the vehicle has been found to be a 'unked motor vehicle and constitutes a nuisance. iv. An order directing the owner of the property and the owner of the vehicle to abate the nuisance. V. A declaration that if the owner fails to abate the nuisance within ten(10)days,the City will abate the nuisance at the owner's expense. It should further indicate that the City may abate the nuisance by towinZ the vehicle or otherwise. vi. A notification that the owner may appeal the decision of the Director by requesting a hearing,in writing,which must be delivered to the offices of the Director no later than 4:00 pm on the loth day after the date of the notice. 22-253 Appeal of the Decision of the Director,Hearing. If any owner files a timely written request for a hearing,the Director shall set a date for said hearing. The Director shall notify the person making the request of the date,time and place of the hearing. a. Hearing Procedure: The hearing shall afford a reasonable opportunity for person(s)to demonstrate by the statements of witnesses and other evidence . that the vehicle does not meet the definition of an 'ut nked motor vehicle. The Hearin Officer shall be the Director or be appointed hy him. The Hearing Officer shall establish the necessary rules and regulations regarding the conduct of such hearings. The Supreme Court Rules of procedure and the rules of evidence shall not apply in this hearing. b. Determination by Hearing Officer. The Hearing Officer shall determine whether or not the vehicle is a 'u� nked motor vehicle and whether or not the Director is entitled to abate the nuisance. The Hearing Officer shall not have the authority to determine the validity of a ap rking citation. i. No determination of facts made at a hearing under this Article shall have an collateral estoppel effect on subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution. ii. The decision of the Hearing Officer shall be the final decision by the City. Anv ep rson aggrieved bj a decision may file a etp ition for 'udi icial review in a court of competent jurisdiction. c. Effect of Determination of Hearing Officer. i. If the Hearing Officer determines that the vehicle is not a 'ui nked motor vehicle,the decision of the Director shall be withdrawn and the Director shall be prohibited from Again determining that the • Drafler•s Note: Deleted text is shown time. Inserted text is shown thus. C\Program Files\WordPerfect Office 12\Myfiles\Council\Ordinanees\2006-117subst.wpd Y • vehicle is a 'u � nked motor vehicle for thirty(30)days. SUBSTITUTE ii. If he Hearing Officer determines that the vehicle is a 'uy nked motor vehicle and that the nuisance should be abated,the Director may rw oceed to abate the nuisance. The Hearing Officer may give the owner additional time to abate the nuisance voluntarily,not to exceed an additional 10 days. SIJqL-,-%e,tL!%oJ!nl 190. The E)ity 6ode is hereby amended by addimg one Seetion to Ghapter 22-to read as Ws stones. ffli FoA Litt, jusea of this ot dinance. i1n,d shall nienat the apen anace between buildenes-ammd is Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: OIL," Approved: 8 Gov .7 P esi ing Officer Mayor ATTEST: APP D A FORM: AtYVC Ci ouns or • Drafter's Note: Deleted text is shown+m. Inserted text is shoes thus. C .. Q\Program Files\WordPerfect Office 12\Myfiles\Council\Ordinances\2006-117subst.w J pd