(A) Declaration of Nuisance. The outside parking and storage on residentially-zoned property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (e) decreases adjoining landowners' and occupants' enjoyment of their property and neighborhood, and (f) otherwise adversely affects property values and neighborhood patterns.
(B) Unlawful Parking and Storage.
(1) A person must not place, store, or allow the placement or storage of non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residential property.
(2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by a fence or other screening.
(3) A person must not cause, undertake, permit or allow the outside parking and storage of more than four vehicles per lawful dwelling unit on residential property, except as otherwise permitted or required by the City because of nonresidential characteristics of the property. This maximum number does not include vehicles of occasional guests who do not reside on the property
(4) Requirements and Prohibitions. Required parking and loading areas and the driveways providing access to them shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods or for the storage of inoperable vehicles or snow.
(C) Inoperable or Abandoned Motor Vehicles.
(1) Adoption by Reference. Minn. Stat. § 168B, and Minn. Rules Ch. 7035, are hereby adopted by reference. This Code § 92.18 (C) is adopted under the authority of Minn. Stat. § 168B.09, Subd. 2.
(2) Definitions: For the purposes of this subdivision, an inoperable or abandoned motor vehicle means a motor vehicle as defined in Minnesota Statutes § 168B.011, Subd. 2 and in a condition described by one of the following:
(a) On public property for a period of more than 48 hours, or more than four hours when it is properly posted, or in violation of either this Code or Minnesota Statutes;
(b) On private property without consent of the person in control of the property;
(c) Disabled: meaning partially or completely dismantled or appearing either to be undrivable or to be lacking any of those parts of a motor vehicle which are essential to the functioning of the vehicle to the extent of making the vehicle inoperable, unless allowed under subsection (C)(3) of this Section;
(d) Without license plates;
(e) With license plates which have an expiration date more than 90 days prior to the date of inspection; or
(f) An abandoned motor vehicle shall also mean a motor vehicle as defined in Minnesota Statutes § 168B.011, Subd. 2, which has remained in the impound lot of a towing company, licensed by the City, for more than 30 days after a written notice to remove the motor vehicle has been sent by registered mail to the registered owner.
(3) Exemptions: For the purpose of this Chapter, the following vehicles are not to be considered abandoned motor vehicles:
(a) A classic or pioneer car, as defined in Minn. Stat. § 168.10, provided that it is kept secure and as long as it has substantial potential for further use consistent with its usual functions;
(b) Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage or body shop which is authorized by this Code;
(c) A vehicle kept inside an enclosed garage or storage building or kept out of view from any street, road or alley by a privacy fence; or
(d) A vehicle which is registered to the owner or occupant of the property, and which is being kept for repair on the property, provided that the vehicle is not kept for longer than 90 days in a disabled condition and its condition does not present a hazard and provided that only one disabled vehicle is kept on the property.
(4) Violation to Abandon Motor Vehicle. 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.
(5) Authority to Impound Vehicles.
(a) Removal and Disposal: If a vehicle is in violation of this chapter, the owner or possessor of the vehicle will be responsible for removing the vehicle to a duly licensed junkyard or other authorized place of deposit or storage following receipt of a written demand by the City. In the event the owner or possessor of the vehicle cannot be located, then it will be the responsibility of the owner of the premises to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage.
(b) Impoundment of 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 if the vehicle is on public property or private property in violation of this chapter, following the expiration of the notice.
(c) Disposition of Impounded Vehicles: In all cases of impoundment, the City shall serve notice on the owner of the property pursuant to Minn. Stat. §168B.06. The owner or lienholder may reclaim the vehicle pursuant to Minn. Stat. §168B.07. If the vehicle is not reclaimed, it may be disposed of at auction or sale pursuant to Minn. Stat. §168B.08.
(6) May Purchase at Auction. Pursuant to Minn. Stat. § 15.054, no officer or employee of the City shall sell or procure for sale or possess or control for sale to any other officer or employee of the City, any property or materials owned by the City except pursuant to conditions provided in this section. Property or materials owned by the City and not needed for public purposes, may be sold to an employee of the City after reasonable public notice at a public auction or by sealed response, if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses. Prior to such auction or collection of sealed responses, public notice of at least one week’s published notice must be provided. An employee of the City may purchase no more than one motor vehicle from the City at any one auction. This section shall not apply to the sale of property or materials acquired or produced by the City for sale to the general public in the ordinary course of business. Nothing in this section shall prohibit an employee of the City from selling or possessing for sale public property if the sale or possession for sale is in the ordinary course of business or normal course of the employee’s duties.