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HomeMy WebLinkAboutOrdinance 1008 - Junk Car Storage CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1008 JUNK CAR STORAGE ....................................................................1008-1 Section 1008.01: PURPOSE ......................................................................................1008-1 Section 1008.02: DEFINITIONS ...............................................................................1008-1 Section 1008.03: EXCEPTIONS ...............................................................................1008-2 Section 1008.04: NUISANCE ...................................................................................1008-2 Section 1008.05: PUBLIC PROPERTY ....................................................................1008-2 Section 1008.06: PRIVATE PROPERTY ..................................................................1008-3 Section 1008.07: REMOVAL PROCEDURE ............................................................1008-3 Section 1008.08: IMPOUNDMENT ..........................................................................1008-3 Section 1008.09: PENALTY .....................................................................................1008-3 1008-0 CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1008 JUNK CAR STORAGE Section 1008.01: PURPOSE. Abandoned or junk vehicles constitute: Subd. 1: A hazard to the health and welfare of the people of the City in that they can harbor noxious disease, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Subd. 2: A blight on the landscape of the City and are detrimental to the environment. Subd. 3: A waste of a valuable source of useful metal. It is in the public interest that the present accumulation of abandoned or junk motor vehicles within the City be eliminated and that future abandonment be prevented. Section 1008.02: DEFINITIONS. The terms used in this Ordinance shall have the meanings given them in this Section. Subd. 1: Abandoned Vehicle. Shall mean a motor vehicle that: a) Lacks vital component parts or is in an inoperable condition so it has no substantial potential for further use consistent with its usual functions; and b) Has remained for a period of more than 48 hours on public property illegally (or more than four hours if posted); or c) Has remained on private property for more than 24 hours (or immediately, if posted) without the consent of the Person in control of the property. Subd. 2: Junk Vehicle. Shall mean a motor vehicle that: a) Is extensively damaged, with the damage including such things as tires or broken or missing wheels, motor, drive train or transmission, so as to render the vehicle inoperable; or b) Has not had a valid, current registration plate, or has not been properly licensed for operation within the State of Minnesota for a period of thirty (30) consecutive days or greater. Subd. 3: Motor Vehicle or Vehicle: Has the meaning in Minn. Stat. §169.01, as amended. 1008-1 CHAPTER X – NUISANCES & OFFENSES Subd. 4: Private Property. Shall mean any real property within the City which is privately owned and which is not public property as defined in this Section. Subd. 5: Public Property. Shall mean any street, alley or highway which shall include the entire width between the boundary lines of every way publicly maintained for vehicular travel, and also means any other publicly owned property or facility. Subd. 6: Unauthorized Vehicle. Shall mean a vehicle that is subject to removal and impound under the law. Subd. 7: Vital Component. Shall mean a part of a motor vehicle or appliance essential to its mechanical functioning. Section 1008.03: EXCEPTIONS. A vehicle shall not be an abandoned, junk or unauthorized vehicle when kept: Subd. 1: In an enclosed garage or storage building. Subd. 2: On the premises of a junkyard or a motor vehicle repair business which such junkyard or business is maintained and/or licensed in accordance with Minnesota law, City Ordinances and zoning regulations. In the case of a repair business, each motor vehicle must be under repair and/or removed within ninety (90) days. When requested, the business owner must provide proof that the vehicle is being repaired. Such proof will include a parts order form or verification of application for title. Each motor vehicle present on the premises of a motor vehicle repair business must be maintained or stored in an area screened from view by an appropriate fence. Section 1008.03, Subd. 2, updated 12/06 Subd. 3: In an appropriate storage place or depository maintained in a lawful place and manner by the City or authorized by the City. Subd. 4: A classic or pioneer car, as defined in Minn. Stat. §168.10, as amended, that is in the process of restoration. Restoration of vehicles under this provision shall be completed within 30 days. Section 1008.04: NUISANCE. The presence of any junk, abandoned or unauthorized vehicle on private or public property is a public nuisance which may be abated under this Ordinance. Section 1008.05: PUBLIC PROPERTY. No Person shall park, store, leave or permit the parking, storing or leaving of any abandoned, junk or unauthorized vehicle or parts of a vehicle, whether attended or not, upon any public property within the City. 1008-2 CHAPTER X – NUISANCES & OFFENSES Subd. 1: A Police Officer may impound any abandoned junk or unauthorized vehicle on public property within the City, or that causes an obstruction and hazard. The Police Department or City may remove it under State law after giving proper notice under this Ordinance. Section 1008.06: PRIVATE PROPERTY. No Person owning, in charge of, or in control of any real property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any abandoned or junk motor vehicle to remain on such property longer than ninety- six (96) hours. Section 1008.07: REMOVAL PROCEDURE. Subd. 1: Notice to Remove. Whenever it comes to the attention of the Police Department or other City officials that any Person has any abandoned, junk or unauthorized vehicle, the City or Police Department shall serve a notice in writing upon the Person requesting the removal of the nuisance in the time specified in this Ordinance. Subd. 2: Responsibility for Removal. Upon proper notice, an owner of the abandoned, junk or unauthorized vehicle and the owner or occupant of the private property on which the same is located, shall be jointly and severally responsible for its removal. Subd. 3: Notice Procedure. The Police Department shall give notice to the owner or occupant of the private property where it is located by sending a copy of the notice by certified mail to the owner or occupant of the private property at the Person’s last known address. Subd. 4: Content of Notice. The notice shall contain the request for removal within ten (10) days after the mailing of such notice and the notice shall advise that failure to comply with the notice to remove shall be a violation of this Ordinance. Section 1008.08: IMPOUNDMENT. If the nuisance is not abated under this Ordinance after proper notice, the City or the Police Department may impound the vehicle according to State law. Section 1008.09: PENALTY. Any Person violating this Ordinance shall be guilty of a misdemeanor. Each day the violation continues unabated shall constitute a separate and distinct violation. Updated 6/2003 1008-3