Subd. 1. Definitions. For the purposes of this section, certain words used herein are defined as follows.
A. The term "enforcement authority" means any general law enforcement officer, code enforcement officer or any person with the authority to enforce the provisions of this section.
B. The term "junk vehicle" means a motor vehicle meeting at least three of the following requirements:
1. Is extensively damaged, the damage including, but not limited to, any of the following; a broken window or windshield or missing wheels, tires, motor or transmission;
2. Is apparently inoperable;
3. Has a fair market value equal only to the value of the scrap in it; or
4. Does not have current registration.
Subd. 2. Unlawful Storage of Junk Vehicles. It is unlawful for any person to keep, store or park or permit any other person to keep, store or park any abandoned vehicle or junk vehicle upon any privately-owned property in the city.
Subd. 3. Exceptions. It is not a violation of this section when:
A. The vehicle or part is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
B. A vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, which property is fenced according to applicable city code.
Subd. 4. Abatement Action.
A. Upon determination that a vehicle is a junk vehicle on private property, the enforcement authority shall issue an abatement order to the property owner as shown by the records of the County Assessor and to the last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification numbers or license numbers of the vehicle are not available to determine ownership. The abatement order shall be mailed, by certified mail, to the parties. The abatement order shall order the removal of the vehicle within seven days of the issuance thereof. Such an abatement order shall identify the property by street address and by legal description, and shall describe the vehicle or parts thereof which violate this section. The abatement order shall further provide that a hearing on the abatement of the junk vehicle as a public nuisance may be requested and that if no hearing is required within seven days of the date of the mailing of the notice, the vehicle will be removed. Upon failure of the property owner or last registered owner of record to remove the vehicle within the seven days, or to request a hearing as herein provided, the city official shall dispose of the vehicle. The vehicle shall only be disposed of as scrap.
B. Upon failure of the property owner or last registered owner of record to remove the vehicle within the seven days, or to request a hearing as herein provided, the city official shall dispose of the vehicle. The vehicle shall only be disposed of as scrap.
C. This section becomes effective from and after its passage and publication.
Subd. 5. Disposal. The city's reasonable cost for enforcement and the costs of disposal hereunder shall become a charge against the property owner and shall be recovered by obtaining a judgment against the owner of the real estate on which the junk vehicle was located or, in the alternative, may be levied and collected as a special assessment on the property.
Subd. 6. Appeal Hearing. The property owner or registered owner of the vehicle shall be granted a hearing, if so requested, on the question of the abatement and removal of the vehicle or part thereof as a public nuisance. Upon receipt of written request for an appeal hearing, the City Administrator shall notify the appellant, in writing, of the time, date and place of the hearing. The notice shall be mailed by certified mail. The owner of the property on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his or her reasons for denial. If it is determined that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against or otherwise collected from the property owner.
Subd. 7. Repeat Violations.
A. A "repeat violator" is defined as a person, firm, corporation, association or agent thereof who has received an abatement order involving the same property within the previous 365-day period to the current violation.
B. If a person is a repeat violator as defined in Subd. 7.A. of this section, the city may issue a repeat violator abatement order. A repeat violator abatement order shall be issued and served in the same manner and form as provided in this section for an abatement order, but will not include a description of the corrective action necessary to eliminate the violation or a date by which the corrective action must be completed. The repeat violator citation will notify the person receiving the citation that due to the repeat nature of his or her violations, a hearing shall be held by the Council on the question of repeat violations of this section. The notice shall notify the property owner or registered owner of the vehicle of the time, date and place of the hearing. The property owner or registered owner of the vehicle may appear in person at the hearing or present a written statement in time for consideration at the hearing. If it is determined that the property owner or registered owner of the vehicle has previously violated this section within the preceding 365 days, the Council may issue an abatement order authorizing the summary abatement of any future nuisances.
(Ord. 54, Fourth Series, passed 12-6-2016)