(A) No person shall place, park, permit to remain, store, or leave upon an open area of property (commercial or residential) any motor vehicle that conforms with any one of the following conditions:
(1) The motor vehicle does not have a valid current motor vehicle license affixed to it.
(2) The motor vehicle is unusable or inoperable because of lack of, or defects in component parts.
(3) The motor vehicle is unusable or inoperable because of damage from collision, deterioration, or having been cannibalized.
(4) The motor vehicle is beyond repair and therefore not intended for future use as motor vehicle.
(5) The motor vehicle is being retained on the property for possible use of salvageable parts.
(B) No person shall maintain unsheltered storage of any other vehicles, machinery, implements, equipment, junk, or personal property of any kind which is no longer safely useable for the purposes for which it was manufactured.
(C) The owner or possessor of a motor vehicle or any other vehicles, machinery, implements, equipment, junk, or personal property described in this section shall be responsible to remove the motor vehicle, other vehicle, machinery, implement, equipment, junk or personal property to a duly licensed junk yard or other authorized place of deposit or storage. In the event the owner or possessor cannot be located, then it shall be the responsibility of the owner of the property to remove it from the property.
(D) No person shall place, park, permit to remain, or store a motor vehicle on a surface that is dirt or grass covered. This subsection shall not be applicable during snow emergencies.
(E) No person shall place, park, permit to remain, or store a motor vehicle in the front setback (front yard) of a property, unless the driveway or parking area is approved by the City Council.
(Ord. 140, 2nd Series, passed 10-10-2017)
(F) This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road, or alley, and which does not foster complaint from a resident of the city. A privacy fence is permissible. A PRIVACY FENCE means a fence that will visually isolate, conceal, or seclude objects, things, places, or people. Notwithstanding other sections of this code, a privacy fence in this section must be at least six feet tall and it must be setback at least 15 feet from any and all private roadways and alleyways.
(G) Any motor vehicles described in this section constitute a hazard to the health and welfare of the residents of the community in that the vehicles can harbor noxious diseases, furnish a shelter and breeding place for vermin and present physical danger to the safety and well-being of children and citizens; and vehicles containing fluids which, if released into the environment, can and do cause significant health risks to the community.
(H) (1) Procedure for abatement of vehicles in violation of this section.
(2) In the event a written, verbal, or electronically communicated complaint is filed with the city, the city may;
(a) The City Police department may complete an inspection of the vehicles on the property in question;
(b) Following an inspection, the police officer shall mail a letter via USPS with his or her findings within 30 days of the inspection;
(c) If the police officer finds that the vehicles on the property in question need work to be completed, the letter shall indicate that the owner has 30 days to comply with the terms of this section;
(d) Once the 30 days have passed, the police officer may declare the vehicles a public nuisance and recommend their removal in a letter to the owner and the City Council;
(e) Upon receipt of the recommendation of the police officer to declare the vehicles a public nuisance, the City Council shall hold a public hearing and vote to either declare the vehicles a public nuisance or allow more time for the owner to comply with the ordinance;
(f) The property owner shall receive written notice of the hearing in division (G) and shall be afforded the opportunity to be heard. If the City Council declares the vehicles a public nuisance by passing a resolution, then in addition to any and all other remedies as may be provided by law, the vehicles may then be ordered removed or other actions taken;
(g) Once the City Council has passed a resolution to declare the vehicles a public nuisance, the City Attorney's Office shall file an order to remove the public nuisance vehicles with the district court, giving personal notice to the property owner of the petition pursuant to Minnesota Rules of Civil Procedure; and
(h) Vehicles that have been removed will be considered abandoned personal property and may be disposed of pursuant to M.S. Chapter 345.
(Ord. 205, passed 4-18-2022) Penalty, see § 95.999