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BULLET St. Louis City Revised Code Chapter 17.56 Division II Vehicle Towing Code Part II

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


 
Division II. MISCELLANEOUS PROVISIONS
 
Chapter 17.56
Vehicle Towing Code
 
Part II. Removal
 
Sections:

17.56.030 Removal by police.
17.56.040 Removal by the Director of Streets.
17.56.050 Notification by the Director of Streets.
17.56.055 Stolen vehicles--Notification--Removal.
17.56.060 Appeals.
17.56.070 On private land--Notice of removal.
17.56.080 Contracts--Authorized.
17.56.090 Bids.
17.56.100 Contract--Certain requirements.
17.56.110 Term.
17.56.120 On private land--Assessment.
17.56.130 Fee for removal.

17.56.030 Removal by police.

Any vehicle or abandoned parts or part found in violation of Section 17.56.020 may be removed and conveyed by or under the direction of a member of the Metropolitan Police Department to an impoundment area.
(Ord. 60935 1 (B) (part), 4, 1988.)

17.56.040 Removal by the Director of Streets.

Any vehicle or abandoned parts or part in violation of Section 17.56.020, except for vehicles in violation of subparagraph 3 of subsection A or subparagraph 4 of subsection B of Section 17.56.020, may be conveyed by or under the direction of the Director of Streets, or his designee, to an impoundment, pursuant to Sections 17.56.050 and 17.56.060. The Director of Streets shall notify the Police Department immediately after the removal has been completed.
(Ord. 60935 1 (B) (part), 5, 1988.)

17.56.050 Notification by the Director of Streets.

Whenever the Director of Streets shall find any condition in violation of Section 17.56.020 B1 through 8 inclusive and the Police Department is unable to provide for its removal, the Director of Streets shall notify the owner of the vehicle prior to the towing of the vehicle. The notice shall specify the reason for the towing and the owners right to a hearing pursuant to Section 17.56.060. Service of notice shall be delivered in person or by mail as further outlined within this section.

Whenever the Director of Streets shall find upon any parcel of land a condition existing in violation of Section 17.56.020 B9 or 10, he shall forthwith order the owner of such parcel of land to abate such condition forthwith by serving a notice of demand on the owner, to remove the same within seven (7) days of receipt of such notice. Should the said owner refuse or fail to abate such condition as set forth in the notice within such seven (7) day period or fail to appeal the order of the Director of Streets within such seven (7) day period, the Director of Streets is hereby authorized and directed to remove or cause to be removed such vehicle or parts from the land at the cost and expense of the owner of the parcel of land. The Director of Streets shall set forth in said notice to the owner a description of the vehicle or part so far as possible. This notice shall further state that such vehicle or part may be sold or destroyed pursuant to Section 17.56.200, if not removed within the seven day period or properly appealed within the said seven (7) day period, pursuant to Section 17.56.060. This notice shall also state that the owner may be charged for expenses incurred by the City in abatement, pursuant to Section 17.56.120. Notice to the owner of land or any person, firm or corporation or other legal entity lawfully entitled to the possession of land shall be directed to the owner or owners or the possessors of land if known, and if not known then the owner or owners of such land as indicated by the Recorder of Deeds Office. Such notice shall be served in either of the following ways:

1. By causing said notice to be delivered to such owner or person, firm or corporation or legal entity lawfully entitled to the possession of such parcel of land either in the City or elsewhere;

2. By the mailing of such notice or copy thereof enclosed in a sealed envelope, first class postage prepaid, directed to the owner of such parcel of land, either at this place of business or residence in the City or elsewhere.

Notice shall be deemed served twenty-four (24) hours after the mailing of such notice if it is directed to a business or residence address in the City of St. Louis. If the owner or person in control of such property is not a resident of the City and has no business address in the City, such notice shall be deemed served at the end of such period after the mailing thereof as in the ordinary course of delivery would be required for delivery of such notice.

Additionally, notice may also be posted on the vehicle or abandoned parts or part in violation of Section 17.56.020. This notice shall state that the vehicle appears to be in violation of the said section, that the vehicle is subject to removal by the City and that the decision to remove same may be appealed. The notice shall also provide a telephone number to use to receive additional information.
(Ord. 60935 1 (B) (part), 6, 1988.)

17.56.055 Stolen vehicles--Notification--Removal.

Except for emergency removal as defined in Section 17.56.020, the Police Department, prior to having a recovered stolen vehicle towed, shall notify the owner of a stolen vehicle within 48 hours of the recovery that the vehicle has been recovered and the location of recovery. If said vehicle is not removed within 48 hours of said notice, the vehicle may be removed pursuant to the procedure as set forth in Chapter 17.56 of the Revised Code of the City of St. Louis.
(Ord. 63388 1, 1995.)

17.56.060 Appeals.

Any person, firm or corporation or other legal entity aggrieved by any decision of the Metropolitan Police Department to remove a vehicle pursuant to Section 17.56.020 may request a hearing before the Director of Streets or his designee. Hearings regarding emergency removals as defined in Section 17.56.010 C shall be conducted as soon as possible after the removal has occurred. Hearings regarding non-emergency removals as defined by Section 17.56.010 E shall be conducted prior to the date of the intended removal.

Any person, firm or corporation or other legal entity aggrieved by any decision of the Director of Streets to remove any abandoned vehicle or parts or part may appeal such decision to the Board of Public Service within seven (7) days after receiving a written notice as set forth in Section 17.56.050 by filing a written appeal with the Secretary of the Board of Public Service. A hearing officer appointed by the Board of Public Service shall, within fourteen (14) days after receiving notice of such appeal, hear the appeal and thereafter render a decision affirming, modifying or reversing the decision of the Director of Streets and to such end shall possess all the powers on appeal granted the Director of Streets under the provisions of this chapter. Such decision shall be subject to the procedures and review provided by Section 536 RSMo., 1978, as amended.
(Ord. 60935 1 (B) (part), 7, 1988.)

17.56.070 On private land--Notice of removal.

Whenever the Director of Streets clears land pursuant to Section 17.56.050 he, his agents, or contractor shall forthwith post a notice on the parcel of land notifying the owner of each land of the name and address of the place where such vehicle or parts shall be located for a period of ten (10) days.
(Ord. 63131 1 (part), 1994: Ord. 62776 1 (part), 1992: prior Ord. 60935 1 (B) (part), 8, 1988.)

17.56.080 Contracts--Authorized.

The City is authorized to cooperatively act with the Board of Police Commissioners of the Metropolitan Police Department of the City, to jointly engage, subject to appropriation, one or more contractors to perform the respective governmental functions of the Police Department of removal and storage of illegally parked vehicles, stolen and abandoned vehicles, disabled vehicles, and seized vehicles, from the streets, alleys, highways and public places and private property within the City by the Police Department, and by the Director of Streets under certain conditions pursuant to 17.56.040. The City is further authorized to contract with private persons, firms or corporations for the final disposition of vehicles or parts removed pursuant to Chapter 17.56 through the salvage and destruction. Any such contracts of the City shall be in conformity with all applicable Charter and ordinance requirements.
(Ord. 60935 1 (B), 9, 1988.)

17.56.090 Bids.

Any such contract shall be let to the highest and best bidder or proposer after public advertisement of specifications and solicitations of bids or proposals by the Board of Police Commissioners and Public Service, consistent with the City Charter, applicable state law, or executive orders.
(Ord. 60935 1 (B), 10, 1988.)

17.56.100 Contract--Certain requirements.

Any such contract shall contain appropriate requirements for bond insurance as determined by the Boards of Police Commissioners and Public Service.
(Ord. 60935 1 (B), 11, 1988.)

17.56.110 Term.

Any contract to be entered by the City pursuant to Section 17.56.080 shall not be for a term longer than three (3) years; but at the expiration of a term of any such contract, the City may, as aforesaid, again so contract on specifications, public advertising and competitive bids for further periods of terms of not more than three (3) years duration.
(Ord. 60935 1 (B), 12, 1988.)

17.56.120 On private land--Assessment.

When City equipment and personnel are used to abate any condition as set forth in Section 17.56.020 B9 or 10 and the City incurs costs in excess of $150.00 in abating such condition, the Director of Streets is authorized to charge the costs of the abatement to the property owner or the owner of the vehicle or parts. The Director of Streets or his agents shall determine and record the date and location of the abatement, the condition abated, the equipment, material and personnel used, the clerical costs and the time expended in the abatement. Any such bill not paid within forty-five (45) days of the date of mailing may be referred either to the City Counselor for collection or to a collection agency for collection. Interest on any unpaid bill shall accrue at the highest rate allowed by law.
(Ord. 60935 1 (B) (part), 13, 1988.)

17.56.130 Fee for removal.

The Director of Streets shall establish a schedule of reasonable fees for the cost of removal of any vehicle or parts or part removed pursuant to Section 17.56.020. Such fee is to be paid by the owner, and is due and payable upon redemption of the vehicle or part.
(Ord. 60935 1 (B) (part), 14, 1988.)

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