Ordinance No. 27 – Junk Ordinance And Street Parking

Posted on Posted in Ordinance

Ordinance regarding junk, inoperable vehicles, and prohibited parking.

SECTION 1.

Section 1001 – Unsheltered Storage of Junk and Inoperable or Abandoned Vehicles

Subdivision 1. Purpose. The purpose of this section is to declare the unsheltered storage of inoperable, abandoned or junked automobiles and any other vehicles, machinery, implements, equipment, junk or personal property of any kind which is no longer used for the purposes for which it was manufactured or made to be a danger to the public health and safety.

Subdivision 2. Declaration. The unsheltered storage of these property items throughout the City tend to impede traffic in the streets, interfere with the enjoyment of, and reduce the value of public and private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well being of the public, and create, extend and aggravate urban blight. The council declares that, in order to protect the public health, safety, and welfare from such conditions, these conditions must be regulated, abated.

Section 1002. Prohibition of Unsheltered Storage

Subdivision 1. No person shall place, permit, store, allow, maintain or leave machinery, implements, equipment, junk, or personal property of any kind, which is no longer used for the purposes for which it was manufactured or made, upon an open space area of any premises located anywhere in the City.

Subdivision 2. Definition of “Junk”. For the purposes of this Section “Junk” shall mean worn out or discarded material which is no longer used for the purposes for which it was manufactured or made, including but not limited to household appliances or parts thereof, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect on the neighborhood or property values, health, safety or general welfare of the public.

Subdivision 3. Violations A person who creates, maintains or allows to continue a condition on property in violation of this Ordinance shall be deemed to have created a Nuisance subject to abatement as provided below and subject to the penalties described herein.

Section 1003. Notice: Abatement. In all cases of Nuisances described in this Ordinance, the City shall cause to be served upon the owner of the property who permits the Nuisance, by registered or certified mail, or by personal service, a notice ordering the owner to remove the Nuisance within ten (10) dates after the receipt of the notice. The notice shall also state that in the event the owner does not comply with the order, the necessary work may be performed or caused to be performed by the City at the expense of the owner, and that if the owner does not pay for the expense, the cost of the work will be assessed against the property benefited. If no owner of the property can be found, the notice will be posted on the property for a period of ten (10) days, after which period the City may perform any necessary work.

Section 1004. Performance of Work by City: Invoice. If the owner of any property fails to comply with the order set forth in any notice pursuant to the provisions of this Ordinance within the ten (10) day period, the city may perform or cause to be performed the work as is ordered by the notice. The City shall maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs, and shall prepare and mail an invoice to the owner setting forth the charge for such work, which shall be due thirty (30) days after notice of billing and payable at the office of the City.

Section 1005. Assessment. The City shall list the total unpaid charges for each type of work against each separate lot or parcel to which the charges are attributable pursuant to this Ordinance. The council may assess the charges against the property benefited as a special assessment, pursuant to statute, for certification to the County Auditor and collection together with current taxes payable the following year.

Section 1006. Prohibition of Inoperable or Abandoned Vehicle.

Subdivision 1. No person shall place, park, permit to remain, store, or leave an open space area of any premises located anywhere in the City any Inoperable or Abandoned Vehicle for more than seven (7) days.

Subdivision 2. Definition of Inoperable or Abandoned Vehicles. For the purposes of this section, an “Inoperable” or “Abandoned” Vehicle shall be any of the following:

  1. A vehicle which does not have a valid current vehicle license and registration; or
  2. A vehicle which lacks essential parts that would render it operable; or
  3. A vehicle which is in rusted, wrecked, extensively damaged, partially dismantled or junked condition.

Subdivision 3. Notice If a vehicle fails to meet any of the above requirements, the owner or possessor of the vehicle shall be responsible to remove the vehicle to a duly licensed junkyard or other authorized places of deposit or storage within ten (10) working days of receipt of a written demand by the City. In the event the owner or possessor of the vehicle cannot be located, then it shall be the responsibility of the owner of the premises to remove the Vehicle to a duly licensed junkyard or other authorized places of deposit or storage within ten (10) working days of written demand by the City.

Subdivision 4. Violation. A person who creates, maintains or allows to continue the storage of an Inoperable of Abandoned Vehicle, is subject to impoundment of the vehicle by the City as provided in this Ordinance.

Subdivision 5. Impoundment of Vehicles. The City may take into custody and impound any vehicles in violation of a section of this Ordinance, following the expiration of the ten (10) day notice stated above.

Subdivision 6. Disposition of Impounded Vehicles. In all cases of impoundment, the City shall give notice of taking within five (5) days of taking possession of the vehicle. In addition, the City shall cause to be served upon the owner of the property or lien holder upon which permits such Inoperable of Abandoned Vehicles, by registered or certified mail, or by personal service, a notice informing owner of the right to reclaim the vehicle within fifteen (15) days of the date of such notice, and stating in the event the owner does not reclaim the vehicle, the City may dispose or sell the vehicle. The owner or lienholder may reclaim the vehicle upon payment of all towing, storage and administrative costs by the City. If the vehicle is not reclaimed, it may be disposed of at auction or sale. The City shall be reimbursed for towing, storing and administrative costs from the proceeds of the sale, and with respect to any unpaid charges. Any remainder must be held for 90 days and then shall be deposited in the City’s general fund. If the City is not reimbursed it may assess these charges in a manner similar to that described in paragraph 1004 or 1005 above.

Section 7. Parking Prohibited Declaration of snow emergency; parking prohibited.

  1. No motor vehicle shall be left parked on any street(s) or public way in the City, from Nov. 1 thru April 1 the hours of 2 am until 6 am.
  2. During a snow emergency, any city official who finds a motor vehicle in violation of this section shall attempt to contact the owner of the motor vehicle and require the owner to immediately move the motor vehicle so as not to be in violation of this section. If the owner does not immediately remove the motor vehicle or the owner can not be located, the police officer is authorized to have the motor vehicle removed at the owner’s expense, and the owner shall be responsible for all towing charges.

Section 8. Misdemeanor. A violation of any provision of this Ordinance is a misdemeanor, punishable up to 90 days in jail and/or a $700.00 fine. Each day the violation exists may constitute a separate offense.

SECTION 3. Effective Date.
This ordinance shall be in full force and effect from and after its passage and publication according to law.

Passed this 18th day of December 2000.

ATTEST: Barbara Heppelmann, Clerk Edward T. Heppelmann, Mayor

Published in the News/Record Wednesday, December 27, 2000

*Additions we made this 10th day of November 2010

Attest: Jill Buxengard, Clerk Richard Heppelmann, Mayor