(A) Purpose. This section is enacted for the purpose of protecting and promoting the public health, sanitation, safety and general welfare in the city; suppressing disease and contamination; protecting against and lessening the danger to human life, health and property from fire, explosion, noxious fumes, infestations of insects and rodents, accidents and other hazards on private and public premises; and protecting against and prohibiting the creating or continuance of nuisances.
(B) Abandonment and storage restricted. No person shall place or leave, or cause to be placed or left, abandoned property on public premises within the city, or keep, store or cause or permit to be placed, left, kept or stored abandoned property on private premises within the city, except as permitted under the city code pertaining to zoning.
(C) Removal from public premises.
(1) Attachment of notice. When an enforcement officer shall find an article of abandoned property on public premises within the city, he or she shall cause a notice to be placed upon such article in substantially the following form:
NOTICE TO: The last registered owner and all persons interested in the following described property: (setting forth brief description) located unlawfully on public property known as (setting forth brief description of location). This property is improperly stored and is in violation of § 130.03 of the Dayton Code. This property must be removed within 20 days from the date of this notice unless, within said 20-day period, authority has been granted by the City Council to permit it to remain so stored; otherwise, it will be presumed to be abandoned property and will be removed and destroyed by order of the city, and the expense therefor shall be assessed against the property from which it is removed pursuant to Dayton Code. If you have any questions, please call at the Dayton City Hall, (763) 427-4589, during regular business hours. Name and address of property owner: (if known by the agent of the City of Dayton) A copy of this notice was mailed to the above-mentioned property owners on the day of , 20 THE CITY OF DAYTON 12260 S. Diamond Lake Road Dayton, Minnesota 55327 (763) 427-4589 |
(2) Form of posted notice; mailing of notice. Such notice shall be not less than eight inches by ten inches and shall be sufficiently weather-proof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make reasonable efforts to ascertain the name and address of the owner of the article and, if such is reasonably available to the enforcement officer, he or she shall mail a copy of such notice to the owner on or before the date of posting.
(3) Removal and disposition by city.
(a) If, at the end of 20 days after posting such notice, the owner or any person interested in the abandoned article described in such notice has not appealed to the City Council and been duly authorized to permit the property to remain thereon, nor has the owner removed the article from the public premises or shown reasonable cause for failure to do so, the enforcement officer may cause the article of abandoned property to be removed, destroyed and disposed of, and the salvage value, if any, of such article shall be retained by the city to be applied against the cost of removal, storage, handling, destruction and disposal thereof.
(b) If the proceeds from the salvage of the abandoned property should be less than such cost, any deficiency, together with a certification processing fee in the amount set forth in city ordinance, shall be assessed and levied as a special assessment against the premises from which the abandoned property was removed, in like manner as other special assessments, payable in one sum, assessed, levied and collected by the city.
(c) If the salvage proceeds exceed the cost of removal, storing, handling, destruction and disposal of the abandoned property, such excess shall be held for a period of six months for the benefit of the former owner of the property, upon proof of such ownership within six months of such removal, destruction or disposal of the property.
(D) Removal from private premises. Any article of abandoned property on private premises within the city in violation of this section shall be dealt with in the manner set forth in division (E) above. Additionally, private property owners may exercise their property rights and have the property removed at their own expense.
(E) Request to permit property to remain in location.
(1) Any person who has an interest in the property upon which a posted notice has been made as described in this section shall have the right, within the 20-day period prior to mandatory removal by the city, to request of the Council authority to permit the property to remain in its location.
(2) If the Council grants such authority, the notice to remove the property shall be declared null and void.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99