Difference between revisions of "236.17 Junkyards"

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If all requirements are completed in the 60-day time frame, the license shall be issued.
 
If all requirements are completed in the 60-day time frame, the license shall be issued.
  
If requirements are not met in the 60-day time frame the area specialist shall contact the ODA manager to discuss legal action.  Legal action may be pursued through the Chief Counsel’s office (CCO).
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If requirements are not met in the 60-day time frame the area specialist shall contact the ODA manager to discuss legal action.  Legal action may be pursued through the [http://wwwi/intranet/cc/modot.asp?nav= Chief Counsel’s office (CCO)].
  
 
==236.17.8 Junkyard Legal Proceedings==
 
==236.17.8 Junkyard Legal Proceedings==

Revision as of 09:39, 1 May 2008

Key Points
646.5 Junkyard Control.jpg
Forms
"Missouri Control of Junkyards" Booklet
60-Day Junkyard Letter
Application for License to Maintain a Junkyard
License Expires Letter
Junkyard Renewal Information Sheet
Junkyard License
Junkyard License Denial Letter


236.17.1 General Information

236.17 junkyard2.jpg

Procedures have been established to enable Outdoor Advertising (ODA) staff to be completely informed and able to perform their duties in a skillful manner. Each employee is a professional and must accomplish assigned duties in a professional manner.

This procedure guide contains the regulations, requirements and procedural directives governing junkyard control and will be updated and amended as needed.

This information is used as the policy and procedure guide for MoDOT. The contents establish a uniform method for completing each phase of the junkyard process. Written authority to deviate from the prescribed policy must be obtained from the ODA Manager.

MoDOT has only one standard of operation, which is applicable for all junkyard processes.

The Federal Highway Administration and MoDOT work cooperatively to assure federal requirements are met to avoid loss of federal funding. The duties of the Federal Highway Administration are not to be a policing agency, but to assist in ways to help MoDOT meet federal requirements.

Additional information concerning the junkyard program can be found in 236.3.8 Junkyard Control and Acquisition.

236.17.2 Organization & Personnel

Details concerning the organization and personnel that administer the junkyard control program can be found at 236.16.2.

236.17.3 Sunshine Law & File Retention

Details concerning the Sunshine Law & File Retention concerning the junkyard control program are found at 236.16.10.

236.17.4 Initial Inspection and Evaluation Process

State Statutes and State Code of Regulations (See "Missouri Control of Junkyards", a regulation booklet based on Section 226.650 to 226.720 RSMo and 7 CSR 10-5.010) applying to junkyards were adapted to promote public safety, health and welfare, convenience and enjoyment of highway travel, and to preserve the natural scenic beauty of highways.

236.17.5 Evaluation of the Junkyard

Possible junkyard locations are identified by a current junkyard inventory, observation, complaints, or the Department of Revenue’s list. Upon the identification of a possible junkyard, the area specialist completes a field inspection of the site to determine if the location meets the description of a junkyard as defined in Section 226.650 to 226.720 RSMo and 7 CSR 10-5.010. If the site is an "Almost" junkyard, which means the site is close to meeting the definition of a junkyard, it shall be noted and monitored. Pictures of the site shall be taken from the shoulder or roadway and shall include the surrounding area and any screening that is present.

The area specialist shall measure approximate distance from right of way line with a measuring device or the actual distance surveyed by a registered land surveyor. Screening requirement and type shall be determined. City or county zoning and width and depth dimensions shall be determined. Location along highway is determined by begin log mile and end log mile. Date established shall be determined. County Assessor’s parcel number shall be obtained from County Assessor’s office.

236.17.6 Legal Junkyard That Requires a License

After the inspection, the data shall be entered into TMS under the initial site inspection. If the screening requirements are met and a passed inspection is entered, the 60-Day Junkyard Letter requiring that a junkyard license be obtained is generated. When the completed Application for License to Maintain a Junkyard is received along with the $10.00 application fee (See Processing Financial Transactions), a junkyard license shall be issued. No junkyard licenses shall be issued in the months of October, November or December. The application and all supporting documentation shall be scanned and attached to the appropriate transaction number in TMS.

236.17.7 Illegal Junkyard That Requires Corrective Action & License

236.17.7 junkyard3.jpg

After the inspection, the data shall be entered into TMS under initial site inspection. If the screening requirements are not met, the 60-Day Junkyard Letter is generated. A Title Commitment may be ordered through district right of way department so that all parties involved (tenants/owners) are determined. The letter to the junkyard owner and the landowner is sent by certified mail. The letter allows the owner 60-days to meet statutes and apply for a license. A copy of the regulation booklet, "Missouri Control of Junkyards", shall be supplied to the junkyard owner. Any conversations concerning the junkyard shall be documented, dated and placed in comments in TMS. Refused or unclaimed letters shall be date/time stamped and placed in the file.

If all requirements are completed in the 60-day time frame, the license shall be issued.

If requirements are not met in the 60-day time frame the area specialist shall contact the ODA manager to discuss legal action. Legal action may be pursued through the Chief Counsel’s office (CCO).

236.17.8 Junkyard Legal Proceedings

Copies of correspondence, photographs, notes, phone conversations, inspections, deed, title commitment, and visits to the junkyard shall be submitted to the ODA manager. The ODA manager will notify the area specialist if a case has been filed through CCO. The area specialist may be required to testify.

236.17.9 Renewal of Junkyard License

Junkyard licenses expire on December 31st of each year. Area specialists are to complete inspections October 1st through November 30th of each year for current licensed junkyards to ensure compliance for renewal. Upon inspection by the area specialist, if the junkyard is found to be compliant, an annual inspection shall be entered indicating the junkyard passed the inspection. The area office shall generate the License Expires Letter and Junkyard Renewal Information Sheet.

Upon receipt of the Junkyard Renewal Information Sheet and the $10.00 fee from the junkyard owner (See Processing Financial Transactions), the Junkyard License may be issued. The application and all supporting documentation shall be scanned and attached to the appropriate transaction number in TMS.

If the junkyard is found to be non-compliant, the area office shall enter an annual inspection indicating the junkyard failed the inspection and shall change the junkyard status to illegal. Changing the status of the junkyard to illegal will automatically generate a 60 Day Junkyard Letter. (See Illegal Junkyard That Requires Corrective Action & License).

236.17.10 Processing a Denial of a Junkyard Application

If the inspection fails, the application will be rejected. The status shall be changed to rejected in TMS. The Junkyard License Denial Letter will generate automatically and a prompt to select the reason(s) for the denial will appear.

The denial letter shall be scanned and attached to the appropriate transaction number in TMS. Additional information regarding the denial shall be documented in the comment section of TMS.

A copy of the application and the denial letter, along with all attachments, shall be kept on file for three (3) years.

The original denial letter, original application, and all other attachments shall be returned to the applicant.

A refund shall be requested through the Central Office, ODA. The following information must be provided:

  • The name and address on the check,
  • the amount,
  • the transmittal number,
  • the check number,
  • and the reason the money is being refunded.