(A) Purpose.
(1) Abandoned vehicles, abandoned appliances, and discarded furniture constitute:
(a) A hazard to the health and welfare of the people of the city in that they can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens;
(b) A blight on the landscape of the city and are, therefore, detrimental to the environment; and
(c) A waste of a valuable source of useful metal, in the case of abandoned vehicles and appliances.
(2) It is, therefore, in the public interest that the present accumulation of abandoned vehicles, abandoned appliances, and discarded furniture within the city be eliminated and that the future abandonment thereof be prevented.
(B) Definitions.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED APPLIANCE. A household appliance originally intended for use within the interior of a building but left or stored out-of-doors.
ABANDONED VEHICLE.
1. An unlicensed vehicle, except one which does not lack vital component parts and is held for sale or exchange by a licensed dealer at an established and duly licensed place of business;
2. A vehicle lacking vital component parts, including vehicles with pioneer, classic car, collector or street rod license;
3. A vehicle which is in an inoperable condition, including vehicles with pioneer, classic car, collector or street rod license;
4. A vehicle which has remained for a period of more than 48 hours on public property illegally;
5. A vehicle which has remained on private property for more than 48 hours without the consent of the person in control of the property;
6. A vehicle voluntarily surrendered by its owner and accepted by the city; or
7. A vehicle (regardless of licensing) under or around which grass and weeds are not cut to the height of adjoining premises or the height of 2.5 inches, whichever is the lesser.
DISCARDED FURNITURE. An item of furniture originally intended for use within the interior of a building but left or stored out-of-doors.
VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn.
VITAL COMPONENT PARTS. Those parts of a vehicle that are essential to its mechanical functioning.
(2) A vehicle shall not be an abandoned vehicle and an appliance shall not be an abandoned appliance, as defined in this section, when kept:
(a) In an enclosed garage or storage building;
(b) On the premises of a junk yard or a vehicle or appliance repair business when the junk yard or business is maintained and/or licensed in accordance with Minnesota Statutes or the City Code and, in the case of a repair business, each vehicle or appliance is being actively and consistently worked on and is being maintained or stored in an area screened from public view by an appropriate fence; or
(c) In an appropriate storage place or depository maintained in a lawful place and manner by the city or authorized by the city.
(C) Nuisance. The presence of any abandoned vehicle, abandoned appliance, discarded furniture, or parts thereof on private or public property is a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(D) Public property. It is unlawful for any person to park, store, leave or permit the parking, storing or leaving of any abandoned vehicle or parts thereof, abandoned appliance, or discarded furniture of any kind, whether attended or not, upon any public property within the city.
(1) Whenever any police officer finds any abandoned vehicle, abandoned appliance or discarded furniture on public property within the city, he or she is authorized to provide for the removal thereof to the police impound lot or a place of safety.
(2) Any abandoned vehicle, abandoned appliance, or discarded furniture which causes an obstruction and hazard to traffic may be removed at any time under the direction of the Police Department.
(E) Private property. It is unlawful for any person owning, in charge of, or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, to allow any abandoned vehicle or parts thereof, abandoned appliance or discarded furniture of any kind to remain on the property longer than 96 hours.
(1) Notice to remove. Whenever it comes to the attention of the Police Department that any person has any abandoned vehicle or parts thereof, abandoned appliance or discarded furniture on his or her property, a notice in writing shall be served upon the person requesting the removal thereof in the time specified in this section.
(2) Responsibility for removal. Upon proper notice, the owner of the abandoned vehicle, abandoned appliance, or discarded furniture, and the owner or occupant of the private property on which the same is located shall be responsible for its removal, jointly and severally.
(3) Notice procedure. The Police Department shall give notice of removal to the owner or occupant of the private property where it is located. It shall constitute sufficient notice when a copy of the same is personally served upon the owner or occupant or is sent by regular mail to the owner or occupant of the private property at his or her last known address, supported by an affidavit of service by mail.
(4) Content of notice. The notice shall state:
(a) That the offensive property must be removed within 10 days after the date of personal service or mailing of the notice; and
(b) That failure to comply with the notice to remove shall be a violation of this section.
(1998 Code, § 9.41) (Ord. 53, 5th Series, eff. 7-6-1995) Penalty, see § 130.99