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(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)
ABANDONED VEHICLES
M.S. Ch. 168B, and Minn. Rules Ch. 7035, as they may be amended from time to time, are hereby adopted by reference. Sections 90.15 through 90.25 of this code are adopted under the authority of M.S. § 168B.09, Subd. 2, as it may be amended from time to time. If any of these provisions are less stringent that the provisions of M.S. § 168B or Minn. Rules Ch. 7035, as they may be amended from time to time, the statute or rule shall take precedence.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A motor vehicle, as defined in M.S. § 169.01, as it may be amended from time to time,that:
(a) Has remained illegally:
1. For a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or
2. On private property for a period of time, as determined under § 90.18(B), without the consent of the person in control of the property; and
(b) Lacks vital component parts or is in an inoperable condition that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.
(2) A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended from time to time, is not considered an abandoned vehicle.
(3) Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with M.S. § 161.242 as it may be amended from time to time, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles.
(4) A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ or court order is in effect.
DEPARTMENT. The Minnesota Department of Public Safety.
IMPOUND. To take and hold a vehicle in legal custody. There are two types of impounds: public and nonpublic.
IMPOUND LOT OPERATOR or OPERATOR. A person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles. OPERATOR includes an operator of a public or nonpublic impound lot, regardless of whether tow truck service is provided.
JUNK VEHICLE. A vehicle that:
(1) Is three years old or older;
(2) Is extensively damaged, with the damage including things as broken or missing wheels, motor, drive train or transmission;
(3) Is apparently inoperable;
(4) Does not have a valid, current registration plate; and
(5) Has an approximate fair market value equal only to the approximate value of the scrap init.
MOTOR VEHICLE or VEHICLE. Has the meaning given “motor vehicle” in M.S. § 169.01, as it may be amended from time to time.
MOTOR VEHICLE WASTE. Solid waste and liquid wastes derived in the operation of or in the recycling of a motor vehicle, including such things as tires and used motor oil, but excluding scrap metal.
MPCA or AGENCY. The Minnesota Pollution Control Agency.
NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot.
PUBLIC IMPOUND LOT. An impound lot owned by or contracting with a unit of government under section § 90.24.
UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment pursuant to § 90.18(B), or M.S. § 169.041 as it may be amended from time to time, but is not a junk vehicle or an abandoned vehicle.
UNIT OF GOVERNMENT. Includes a state department or agency, a special purpose district, and a county, statutory or home rule charter city, or town.
VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including such things as the motor, drive train and wheels.
Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of the property, is guilty of a misdemeanor.
(A) Abandoned or junk vehicles. The City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle.
(B) Unauthorized vehicles. The City Clerk, or his or her designee, or any peace officer employed or whose services are contracted for by the city may take into custody and impound any unauthorized vehicle under M.S. § 169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time:
(1) In a public location not governed by M.S. § 169.041 as it may be amended from time to time:
(a) On a highway and properly tagged by a peace officer, four hours;
(b) Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or
(c) That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or
(2) On private property:
(a) That is single-family or duplex residential property, immediately;
(b) That is private, nonresidential property, properly posted, immediately;
(c) That is private, nonresidential property, not posted, 24 hours; or
(d) That is any residential property, properly posted, immediately.
(A) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under § 90.23, 15 days after notice to the owner, if the vehicle is determined to be:
(1) A junk vehicle, except that it may have a valid, current registration plate and still be eligible for disposal or sale under this subdivision; or
(2) An abandoned vehicle.
(B) Sale after 45 days. An impounded vehicle is eligible for disposal or sale under § 90.23, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle.
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