Subd. 1. Storage of junk vehicles prohibited. No person shall keep, store, 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. 2. Abandoning a motor vehicle prohibited. No person shall abandon a motor vehicle on any public or private property without the consent of the person in control of such property. For the purpose of this section, an “abandoned vehicle” is as defined in M.S. § 168B.011, as amended from time to time.
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 code officer shall issue notice and correction order as provided in § 11.07 of this code, 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. If the notice and correction order is not complied with within the time specified, the matter shall be presented to the City Hearing Officer for abatement pursuant to § 11.08 of this code. An abatement order issued by the Hearing Officer for a violation of this section shall order the removal of the vehicle within seven days of the issuance thereof. An abatement order issued for a violation of this section shall identify the property by street address and by legal description, and shall describe the vehicle or parts thereof, which violate this section.
B. Upon failure of the property owner or last registered owner of record to remove the vehicle within the time provided in the abatement order, the code officer shall have the vehicle removed from the property under the direction of any police officer of the city by means of towing or otherwise as authorized by state law, and provided that notice that the vehicle has been impounded shall be given in compliance with M.S. § 168B.06, as it may be amended from time to time, and any other applicable statute.
C. Any motor vehicle removed from private property shall be impounded and disposed of in accordance with M.S. Chapter 168B, as amended from time to time. Any other personal property removed from private property, which in the opinion of the supervising peace officer, has more than nominal fair market value, shall be photographed and inventoried, and written notice of the property removed shall be posted on the property. The record owner of the real property may reclaim the property within 30 days of removal, only after payment of the city’s cost of removal and storage fees, which shall be the same as the vehicle impound fee per day. If any property remains unclaimed after 30 days, it may be sold or disposed of by the city without further notice.
D. Before the owner or his or her agent shall be permitted to remove a vehicle from the possession of the city, he or she shall furnish satisfactory evidence to the city of his or her identify and ownership of the vehicle and pay the expenses of towing and storage.
E. If the owner or any lien holder does not reclaim an impounded vehicle within the period provided by law, the city shall provide for the sale of the vehicle.
F. The proceeds of the sale of an abandoned or junk vehicle shall be placed in the general fund of the city and treated as required by state law.
Subd. 5. Disposal costs. The city's reasonable cost for enforcement and the costs of disposal hereunder shall become a charge against the property owner. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. If the amount is not paid, it 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. Hearing. The property owner or registered owner of the vehicle shall be granted an opportunity to be heard pursuant to § 11.08 of this code, on the question of the abatement and removal of the vehicle or part thereof. 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. If a person is a repeat violator as defined in § 11.13, Subd. 43., the city may issue a repeat violator abatement order and citation. 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 City 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. 69, Fourth Series, passed 4-6-2021)