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In addition to any of the preceding provisions which may be of application to nonresidential, industrial and institutional uses, the following sections apply to all such uses. If one of the sections or provisions which follow conflict with any of the preceding provisions, the provision most favorable to the expressed intent of this chapter shall apply.
(A) Scope. The provisions of this section shall govern the minimum conditions and responsibilities of owners or occupants of commercial property for the maintenance of structures, equipment and exterior property.
(B) Responsibility. The owner or occupants of the commercial premises shall maintain the structures and exterior property in compliance with this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Owner or occupants of a commercial premises are responsible for maintaining the premises in a clean, sanitary and safe condition.
(C) Sanitation. All exterior property areas shall be maintained free from any accumulation of refuse, municipal solid waste, solid waste, rubbish, garbage, litter, animal feces, or refuse.
(D) Insect and rodent infestations. It shall be the responsibility of the owner to exterminate any infestation of rodents, insects, vermin, or other pests in all exterior areas and accessory structures on the premises.
(E) Accessory structures. All accessory structures, including but not limited to detached garages, sheds, and fences, shall be structurally sound and maintained in good repair. All exterior surfaces shall be maintained in a state of good repair.
(F) Stored materials. It shall be unlawful to accumulate and store building material, lumber, boxes, cartons, or other containers, machinery, scrap metal, junk, raw material, fabricated goods and other items in such manner as to constitute a nuisance or rodent harborage.
(G) Obscuring fences.
(1) It shall be unlawful to maintain outdoor storage abutting a residential district or a property occupied by a 1, 2, 3, or 4 dwelling unit, townhouse or multiple-family dwelling which constitutes a nuisance. Upon a determination that a violation of this section exists, the enforcement officer may cause the nuisance to be abated by requiring the installation of a 6 foot high obscuring fence or landscape screening at an equal or lesser cost than a fence.
(2) Upon receipt of a notarized petition alleging the existence of a public nuisance and signed by 2/3 of the property owners located in an area 1 block in any direction of the subject property, the enforcement officer shall inspect the property. In the event the enforcement officer determines that the outdoor storage constitutes a violation, the enforcement officer may cause the nuisance to be abated by requiring the installation of a 6 foot high obscuring fence or appropriate landscape screening.
(H) Refrigerators and accessible containers. It shall be unlawful to permit a refrigerator or other container, sufficiently large to retain a child and with doors which fasten automatically when closed, to be exposed and accessible to children without removing the doors, lids, hinges or latches.
(I) Foundations, walls, roofs and other exterior surfaces. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a professional state of maintenance and repair.
(1) The foundation elements shall adequately support the building at all points.
(2) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which admit dampness to the interior portions of the walls or to the interior spaces.
(3) All exterior wood surfaces, other than decay-resistant woods and previously painted non-wood surfaces, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment.
(4) The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls.
(J) Windows, doors and hatchways. Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.
(1) Windows shall be fully supplied with windowpanes which are without open cracks or holes, sashes shall be in sound condition and fit reasonably tight within the frame.
(2) Every exterior door and its hardware shall be in sound condition and fit reasonably well within its frame.
(3) Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the structure.
(K) Sidewalks and driveways. All sidewalks, walkways, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(L) Motor vehicles. No inoperative or unlicensed motor vehicles or junk vehicles shall be parked, kept, or stored on any commercial premises and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped and dismantled unless such unlicensed or inoperable vehicles are on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with state law.
(M) Dangerous machinery. Accumulation of discarded or disused, dangerous machinery, automobile bodies, or other material or equipment in a manner creating fire or safety hazards from such accumulation.
(N) Other materials. All materials not intended for or a part of landscaping or functionability of the property shall be stored inside a structure suitable for storage or concealed from public view.
(O) Unlawful acts. It shall be unlawful for a person, firm, corporation or its agents to be in conflict with or in violation of any of the provisions of this chapter.
(P) Notice of violation. The ordinance official shall serve notice of violation, order or citation in accordance with § 95.13.
(Q) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 95.13 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the ordinance official shall institute the appropriate proceeding at law or equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(R) Violation penalties. Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor and prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(S) Enforcement. The remedies provided in this chapter are not exclusive. They are in addition to and do not supersede or preempt other remedies such as injunctive relief, hazardous building condemnation, elimination of public health and safety hazards under Minnesota Statutes, or criminal charges for violation of substantive provisions of any city or state ordinance relating to housing maintenance, health, fire safety, building or zoning. Further, the remedies in this chapter do not supersede or affect the legal rights or remedies of the tenants provided under state law or other ordinance provisions.
(T) Abatement of violation. The imposition of the penalties herein described in this chapter shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 336, passed 6-6-2016) Penalty, see § 95.99
ABANDONED VEHICLES; UNCLAIMED AND EXCESS PROPERTY
Findings and purpose. M.S. Chapter 168B and Minnesota Rules Chapter 7035, as they may be amended from time to time, are hereby adopted by reference. Sections 95.01 through 95.09 and §§ 95.30 and 95.31 are adopted under the authority of M.S. § 168B.09 Subdivision 2, as it may be amended from time to time. If any of theses provisions are less stringent than the provisions of M.S. Chapter 168B or Minnesota Rules Chapter 7035, as it may be amended from time to time, the statute or rule shall take precedence.
(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle as defined in M.S. § 169.011, as it may be amended from time to time, that:
(a) Has remained illegally for a period of more than 48 hours on any property owned or controlled by a unit of government, or more than 4 hours on that property when it is properly posted; or on private property for a period of time, as determined under M.S. § 168B.04 Subdivision 2, without consent of the person in control of the property; and
(b) Lacks vital component parts, it in an inoperable condition, or has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.
(c) A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended from time to time, it not considered an abandoned vehicle.
(d) 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.
(e) 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.
VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, transmission and wheels.
(B) Custody. The city may take into custody and impound any abandoned motor vehicle.
(C) Notice.
(1) The city shall give notice of the taking within 10 days.
(2) The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle, if that information can be reasonably obtained, and the place where the vehicle is being held, shall inform the owner and any lien holders of their right to reclaim the vehicle under division (D) below, and shall state that failure of the owner or lien holder to exercise their right to reclaim the vehicle and contents shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle and contents at a public auction pursuant to division (E) below.
(3) The notice shall be sent by registered mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lien holders of record.
(4) If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in the official newspaper. Published notices may be grouped together for convenience and economy.
(D) Right to reclaim.
(1) The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim that vehicle from the city upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this section.
(2) Nothing in this section shall be construed to impair any lien of a garage keeper under the laws of this state, or the right of the lien holder to foreclose.
(3) For the purposes of this division (D), GARAGE KEEPER is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
(E) Public sale.
(1) An abandoned motor vehicle and contents taken into custody and not reclaimed under division (D) above shall be sold to the highest bidder at public auction or sale, following 1 notice published at least 7 days prior to the auction or sale.
(2) The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles, which shall be sufficient title to dispose of the vehicle.
(3) The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.
(4) From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred pursuant to this subchapter.
(5) Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in the general fund of the city.
(F) Disposal of vehicles not sold. Where no bid has been received for an abandoned motor vehicle, the city may dispose of it in accordance with this section.
(G) Contracts and disposal.
(1) The city may contract with any qualified person for collection, storage, incineration, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.
(2) Where the city enters into a contract with a person duly licensed by the Minnesota Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency’s plan for solid waste disposal. A contract that does so conform may be approved by the Agency. Where a contract has been approved, the Agency may reimburse the city for the costs incurred under the contract that have not been reimbursed.
(3) If the city utilizes its own equipment and personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided.
(Prior Code, § 11.301) (Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared so by a resolution of the Council.
(B) Preliminary notice.
(1) If the City Clerk/Administrator knows the identity and whereabouts of the owner, he or she shall serve written notice upon him or her at least 30 days prior to a declaration of abandonment by the Council.
(2) If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the City Clerk/Administrator notice shall also be served upon him or her.
(3) The notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Council after the expiration of 30 days from the date of the notice.
(C) Notice and sale.
(1) Upon adoption of a resolution declaring certain property to be abandoned property, the City Clerk/Administrator shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of the property.
(2) The text of the notice shall also state the time, place and manner of sale of all property, except cash and negotiables.
(3) The notice shall be published once at least 3 weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the Council in its resolution declaring property abandoned and stated in the notice.
(D) Fund and claims thereon.
(1) All proceeds from the sale shall be paid into the general fund of the city and expenses thereof paid therefrom.
(2) The former owner, if he or she makes claim within 8 months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest.
(3) The payment shall be also made from the general fund.
(Prior Code, § 11.302) (Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
(A) Declaration of surplus and authorizing sale of property. The City Clerk/Administrator may, from time to time, recommend to the Council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold. By action of the Council, the property shall be declared surplus, the value estimated and the City Clerk/Administrator authorized to dispose of the property in the manner stated herein.
(B) Surplus property with a total estimated value of less than $100. The City Clerk/Administrator may sell surplus property with a total value of less than $100 through negotiated sale.
(C) Surplus property with a total estimated value between $100 and $500.
(1) The City Clerk/Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100 to $500.
(2) Notice of the public sale shall be given stating time and place of sale and generally describing the property to be sold at least 10 days prior to the date of sale either by publication once in the official newspaper, or by posting in a conspicuous place in the City Hall at the City Clerk/Administrator’s option.
(3) The sale shall be by auction.
(D) Surplus property with a total estimated value over $500.
(1) The City Clerk/Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500.
(2) Notice of the public sale shall be given stating time and place of sale and generally describing property to be sold at least 10 days prior to the date of sale by publication once in the official newspaper.
(3) The sale shall be to the person submitting the highest bid.
(E) Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the general fund.
(Prior Code, § 11.303) (Am. Ord. 336, passed 6-6-2016)
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