A. General:
1. Purpose: The purpose of this Section is to declare unsheltered storage and inoperable or abandoned motor vehicles and any other vehicles, machinery, implements, equipment, junk or personal property of any kind to be a danger to the public health and safety. The use of tarps shall not be considered an acceptable form of shelter.
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 are a public nuisance and must be regulated, abated, and prohibited.
B. Unsheltered Storage and Clutter: No person may place, permit, store, allow, maintain or leave machinery, implements, equipment, clutter or personal property or unsheltered storage upon an open space area of any premises located anywhere in the City.
C. Wood Storage:
1. General Rule: No person shall keep or store wood or allow wood to be kept or stored outside on property owned or controlled by that person on residential zoned property, unless said wood is kept or stored as follows:
a. In neat and secure stacks. The maximum amount of firewood which may be stored is six (6) fireplace cords or two hundred fifty-six (256) cubic feet. One (1) fireplace cord shall be defined as a sixteen inch by four feet by eight feet (16" x 4' x 8') stack of wood. For properties where the primary heating source is wood, six (6) cords are permitted. One (1) cord shall be defined as four-feet by four-feet by eight-feet (4' x 4' x 8') stack of wood. Firewood shall be maintained in neat and secure stacks, the height of which shall be no more than twice the width, with a maximum height of six feet (6') above grade;
b. Firewood stacks must be screened from view from public streets and adjoining properties, except that no screening is required for a single fireplace cord stacked next to the principal structure. All such screening shall consist of a solid fence or wall, or equivalent as approved by the Community Development Director.
c. The wood stacks shall not be infested or inhabited with rats, rodents, vermin, or insects noxious or dangerous to persons or property;
d. The wood shall not be stored or kept in the front yard or yard that is commonly considered the front yard of any lot;
e. Woodpiles shall be elevated a minimum of three inches (3") above the ground;
f. The setback for firewood stacks shall be the same as the setbacks for accessory structures in the zoning district; and
2. Exceptions: The wood storage regulations shall not apply to:
a. Persons having property on which new construction is taking place and the wood on said property is used for said construction, unless the wood has remained on the property for more than thirty (30) days and is not a permanent part of the new construction at the end of that time; and
b. Persons storing or keeping wood on property when said wood is stored within an enclosed structure which otherwise conforms to the zoning requirements of the district.
c. Temporary storage of logs for up to thirty (30) days outside of the required areas of setback from the property lines and street is allowed for the purpose of cutting and splitting logs to a size usable in the residence’s wood burning device.
D. Inoperable or abandoned motor vehicles.
1. General Rule: No person shall place, park, permit to remain, store or leave upon an open area of any premises located anywhere in the City any inoperable or abandoned vehicle for more than seven (7) days.
2. Exceptions:
a. In a residential zoned district, inoperable or abandoned vehicles may be placed, parked, permitted to remain, stored, or left for more than seven (7) days only if the vehicle is kept entirely within an enclosed building.
b. In a business or industrial zoned district, inoperable or abandoned vehicles may be placed, parked, permitted to remain, stored, or left for more than seven (7) days only if adequately screened. Adequate screening will require the keeping of the vehicles within a building, tight fence at least five feet (5') in height, or within an earth-toned or neutral colored opaque cover that was specifically designed and manufactured for that purpose, and which completely encloses such vehicle. Any inoperable or abandoned vehicle legally kept in a business or industrial zoning district for more than seven (7) days must be at least one hundred feet (100') from a public highway or residential building.
c. In a business or industrial zoned property that is not an auto repair establishment, inoperable or abandoned vehicles may be placed, parked, permitted to remain, stored, or left for no more than three (3) days.
3. Definitions: For the purposes of this subdivision, an inoperable or abandoned motor vehicle means a motor vehicle as defined in Minnesota Statutes Section 168B.011, subdivision 2 and in a condition described by one (1) of the following:
a. On public property for a period of more than forty-eight (48) hours, or more than four (4) hours when it is properly posted, or in violation of either this Code or Minnesota Statutes;
b. On private property without consent of the person in control of the property;
c. Disabled: meaning partially or completely dismantled or appearing either to be undrivable or to be lacking any of those parts of a motor vehicle which are essential to the functioning of the vehicle to the extent of making the vehicle inoperable, unless allowed under subsection 4 of this Section;
d. Without license plates;
e. With license plates which have an expiration date more than ninety (90) days prior to the date of inspection; or
f. An abandoned motor vehicle shall also mean a motor vehicle as defined in Minnesota Statutes Section 168B.011, subdivision 2, which has remained in the impound lot of a towing company, licensed by the City, for more than thirty (30) days after a written notice to remove the motor vehicle has been sent by registered mail to the registered owner.
4. Exemptions: For the purpose of this Chapter, the following vehicles are not to be considered abandoned motor vehicles:
a. A classic or pioneer car, as defined in Minnesota Statutes Section 168.10, provided that it is kept secure and as long as it has substantial potential for further use consistent with its usual functions;
b. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage or body shop which is authorized by this Code;
c. A vehicle kept inside an enclosed garage or storage building; or
d. A vehicle which is registered to the owner or occupant of the property, and which is being kept for repair on the property, provided that the vehicle is not kept for longer than ninety (90) days in a disabled condition and its condition does not present a hazard and provided that only one (1) disabled vehicle is kept on the property.
5. Removal and Disposal: If a vehicle fails to meet any of the above requirements, the owner or possessor of the vehicle will be responsible for removing the vehicle to a duly licensed junkyard or other authorized place of deposit or storage following receipt of a written demand by the City. In the event the owner or possessor of the vehicle cannot be located, then it will be the responsibility of the owner of the premises to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage.
6. Impoundment of Vehicles: The City may take into custody and impound any vehicle in violation of a provision of the Code, following the expiration of the notice.
7. Disposition of Impounded Vehicles: In all cases of impoundment, the City shall serve notice on the owner of the property pursuant to Minnesota Statutes Section 168B.06. The owner or lienholder may reclaim the vehicle pursuant to Minnesota Statutes Section 168B.07. If the vehicle is not reclaimed, it may be disposed of at auction or sale pursuant to Minnesota Statutes Section 168B.08.