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Legislation #: 041070 Introduction Date: 9/23/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 48, Code of Ordinances, by repealing Sections 48-65, Failure to comply; authority to tow and store vehicles and 48-66, Special assessment of abatement costs, and enacting in lieu thereof new Sections 48-65, 48-66 of like number and subject matter and enacting a new Section 48-49, Storage of junk vehicles and salvage material.

Legislation History
DateMinutesDescription
9/23/2004

Prepare to Introduce

9/23/2004

Referred Neighborhood Development and Housing Committee

9/29/2004

Do Pass as a Committee Substitute

9/30/2004

Assigned Third Read Calendar as Substituted

10/7/2004

Passed as Substituted

9/30/2004

Waive Charter Requirements City Council


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 041070

 

Amending Chapter 48, Code of Ordinances, by repealing Sections 48-65, Failure to comply; authority to tow and store vehicles and 48-66, Special assessment of abatement costs, and enacting in lieu thereof new Sections 48-65, 48-66 of like number and subject matter and enacting a new Section 48-49, Storage of junk vehicles and salvage material.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 48, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 48-65, Failure to comply; authority to tow and store vehicles and 48-66, Special assessment of abatement costs, and enacting in lieu thereof new Sections 48-65, 48-66 of like number and subject matter and enacting a new Section 48-49, Storage of junk vehicles and salvage material, to read as follows:

 

Sec. 48-49. Storage of junk vehicles and salvage material.

 

The storage of junk vehicles, vehicle parts, metal scrap, wood, paper and similar salvage and waste items, except when a permit as required by Section 54-103 has been issued for said storage and the permit is current, is hereby declared to constitute a nuisance.

 

Sec. 48-65. Failure to comply; authority to tow and store vehicles.

 

(a) When a notice of violation is required to be served under this chapter, at the end of the period of time allowed in the notice of violation or in a decision of the property maintenance appeals board to abate a cited nuisance, the director of neighborhood and community services or the director of health shall reinspect the premises. If, upon reinspection, the cited nuisance is found not to have been abated, the director of neighborhood and community services or the director of health may cause a complaint to be filed for prosecution in municipal court, or may cause the cited nuisance to be abated by an appropriate means, or both.

 

(b) When a warning letter of alleged violation is required to be served under this chapter, as set out in section 48-62, the director of neighborhood and community services or the director of health may cause a complaint to be filed for prosecution in municipal court, after one inspection, against the person to whom such warning letter was mailed or delivered by hand or may cause the cited nuisance to be abated by an appropriate means, or both.

 

(c) Employees and agents of the neighborhood and community services department and the city police department are hereby authorized to remove a vehicle to the nearest garage or other place designated by the city at the direction of the director of neighborhood and community services or the director of health. Disposition and notice of storage and sale of impounded vehicles shall be handled in the manner set out in article VI of chapter 70.

 

 


(d) For abatement of violations of Section 48-49, the director may also remove junk, salvage vehicles from property by contracting with a salvage operator properly licensed by the Missouri Department of Revenue for removal and disposal of the vehicles. The contractor shall dispose of the vehicles by selling them for scrap to a scrap processor.

 

Sec. 48-66. Special assessment of abatement costs.

 

(a) If the director of neighborhood and community services or director of health causes a nuisance to be abated by an employee or agent of the neighborhood and community services department or the city police department, the costs of such abatement shall be determined, including as a portion thereof the reasonable costs of administering the provisions of this chapter with respect to the property affected. Such administrative costs shall not exceed the sum of $100.00. The director of neighborhood and community services or director of health shall certify a statement of such costs and of service of notice on the owner, describing the real property upon which such abatement was accomplished, to the director of finance. If the abatement was for a detention basin nuisance as enumerated in section 48-45 and the detention basin is owned by a homes association, the costs shall be proportioned among the properties in that homes association. If any appeal shall have been filed from the order from the director of neighborhood and community services or director of health within the period allowed by law, such costs of abatement shall not be so certified to the director of finance unless and until final judgment shall have been rendered on such appeal confirming such order.

 

(b) Upon receipt of such certification, the director of finance shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill for the property, at the director's option. The director of finance shall cause a copy of such statement to be sent to the owners of such property by regular U.S. mail, and the original thereof to be retained in the office of the city treasurer, appropriately filed. The certified cost shall be collected in the same manner and procedure for collecting real estate taxes. If the certified cot is not paid, the tax bill shall be considered delinquent, and its collection shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid. The tax bill shall be payable within 60 days after the date of issuance without interest, and thereafter with interest from the date of its issue until paid at the rate on ten-year United States treasury notes as established at the last auction before the particular assessment is certified to the director of finance. Such lien may be enforced by any method appropriate for the enforcement of special assessments generally.

 

(c) If the means of abatement is the towing of a vehicle, other than in conjunction with the abatement of a nuisance described in Section 48-49, by an employee or agent of the neighborhood and community services department or the city police department, the costs of towing and storage shall be specially assessed and such special assessment shall constitute a lien upon the vehicle towed. Such special assessment shall be collected, and such lien enforced, in the manner set out in article VI of chapter 70.

 

 


(d) In any case where the costs of abatement shall have been assessed as additional costs in a municipal court action as provided in this chapter, and such cost judgment shall have been satisfied, the special assessment pertaining thereto shall be reduced or canceled accordingly, and the record in the office of the city treasurer shall be changed to reflect such reduction or cancellation.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Nicole Rowlette

Assistant City Attorney