(A) Purpose. This subchapter is enacted for the purpose of protecting and promoting the public health, sanitation, safety and general welfare in the city; the suppression of disease and contamination; to protect against and lessen 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 to protect against and prohibit the creating or continuance of nuisances.
(B) Hazard and nuisance declared. The existence of abandoned property as defined herein, on public or private premises, is declared to be a hazard to public health, sanitation, safety and welfare, and a public nuisance.
(C) Definitions. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Deteriorated, wrecked or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, which has been left unprotected from the elements. ABANDONED PROPERTY includes, without being restricted, deteriorated, wrecked, inoperative, discarded, disused or partially dismantled trailers, boats, motors, watercraft of any kind, machinery, equipment, refrigerators, washing machines, plumbing fixtures, household and office furniture and fixtures and any other similar articles in such condition.
ENFORCEMENT OFFICER. A police officer, Public Works Superintendent, City Administrator or any other person authorized or directed by the City Council to enforce the provisions of this section.
PUBLIC PREMISES. Any premises owned by or in possession of the United States of America, the State of Minnesota, the County of Carver, or the City of Mayer, or any agency or political subdivision of any of those governmental bodies.
(D) Storage prohibited. No person shall place or leave or cause to be placed or left, abandoned property on public premises within the city; nor keep, store or cause to be placed, left, kept or stored abandoned property on private premises within the city, except as may be otherwise permitted under the terms of the Mayer Zoning Ordinance.
(E) Removal from public premises.
(1) When an Enforcement Officer shall find an article or articles of abandoned property on public premises within the city, the Officer shall cause a notice to be placed upon the article in substantially the following form:
“NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location), and in violation of § 90.01 of the Mayer Code of Ordinances, and must be removed within ten (10) days from the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Mayer. Dated this (setting forth date of posting of notice). Signed: (setting forth title, address and telephone number of Enforcement Officer).”
(2) Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof 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 or articles, and if such is reasonably available to the Enforcement Officer, he or she shall mail a copy of the notice to the owner on or before the date of posting.
(3) If, at the end of ten days after posting the notice, the owner or any person interested in the abandoned article or articles described in the notice has not removed them from the public premises or shown reasonable cause for failure to do so, the Enforcement Officer may cause the article or articles of abandoned property to be removed, destroyed and disposed of.
(F) Removal from private premises.
(1) Whenever an Enforcement Officer shall find an article or articles of abandoned property on private premises within the city in violation of this subchapter, the Officer shall cause a notice to be placed upon the article in substantially the following form:
“NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location), and in violation of § 90.01 of the Mayer Code of Ordinances, and must be removed within ten (10) days from the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Mayer. Dated this (setting forth date of posting of notice). Signed: (setting forth title, address and telephone number of Enforcement Officer).”
(2) Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the Enforcement Officer shall mail a copy of the notice to the owner of the real property upon which the abandoned article or articles are located, as shown by the real estate tax records on or before the date of posting of the notice.
(3) If, at the end of ten days after posting the notice, the owner or any person interested in the abandoned article or articles described in the notice has not removed the article or articles and complied with the regulations cited in the notice, or shown reasonable cause for failure to do so, or the article or articles have been removed to another location within the city, including any public premises, where storage of the article or articles is prohibited by division (D) of this section, the Enforcement Officer may cause the article or articles of abandoned property to be removed, destroyed and disposed of.
(4) For the purpose of this section, OWNER OF REAL PROPERTY shall mean the person who is the last owner of record or the fee owner or the contract purchaser or the agent of the aforementioned person.
(G) Other ordinances not affected. This section shall not be construed to repeal, suspend or modify the provisions of any other ordinance relating to the abandonment or keeping of articles or materials of any kind which are hazardous to public health, safety or welfare upon any premises.
(H) Disposition of abandoned property.
(1) Procedure. Except for abandoned and junked vehicles, and except for abandoned property as defined in division (C)(1) above, all property lawfully coming into possession of the city shall be disposed of as provided in this section which is adopted pursuant to M.S. § 471.195, as it may be amended from time to time. Abandoned and junked vehicles shall be disposed of according to the procedures of §§ 90.15 through 90.25.
(2) Storage. The department of the city acquiring possession of the property shall arrange for its storage. If city facilities are unavailable or inadequate, the department may arrange for storage at a privately-owned facility.
(3) Claim by owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the city any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner.
(4) Sale. If the property remains unclaimed in the possession of the city for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the City Clerk or his or her designee after two weeks’ published notice setting forth the time and place of the sale and the property to be sold.
(5) Disposition of proceeds. The proceeds of the sale shall be placed in the general fund of the city. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale.
(Am. Ord. 130, passed 8-14-06)