(A) Legislative intent.
(1) The unsheltered storage of old, unused, stripped or junked automobiles not in good and safe operating condition, and of any other vehicles, machinery, implements, equipment, junk or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured is hereby declared to be a nuisance and dangerous to the public health and safety.
(2) The unsheltered storage of these property items throughout the city tend to impede traffic in the streets, interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well-being of the public, and create, extend and aggravate urban blight.
(3) As so, the City Council determines that, in order to protect the public health, safety and welfare, the conditions must be regulated, abated or prohibited.
(B) Nuisance on private property.
(1) The unsheltered storage of unused, stripped or junked automobiles not in good and safe operating condition, and of any other vehicles, machinery, implements, equipment, junk or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured is hereby declared to be a nuisance.
(2) Nothing in this section shall restrict the activities of duly established junk or salvage yards. This section does not apply to vehicles or property in an enclosed building, on the premises of a business enterprise operated in a lawful manner when necessary to the operation of the business enterprise, or in a storage or depository maintained in a lawful location and manner by the city.
(3) For purposes of this section, JUNK shall mean worn out or discarded material of little or no value including, but not limited to, household appliances or parts thereof, tools, discarded building materials, tin cans, broken glass, broken furniture, mattresses, box springs, boxes, crates, cardboard, tires or any other unsightly debris the accumulation of which has an adverse effect upon neighborhood or city property value, health, safety or general welfare.
(C) Abandoned motor vehicles.
(1) No person shall place, park, permit to remain, store or leave upon an open space area of any premises located anywhere in the city any motor vehicle unless it conforms with all of the following requirements:
(a) The vehicle must have affixed to it a valid current motor vehicle license;
(b) The vehicle must not lack essential parts that would render it inoperable;
(c) The vehicle must not be in a rusted, wrecked, partially dismantled or junked condition; and
(d) The vehicle must be parked on a surface consisting of crushed rock, cement or blacktop.
(2) If a motor vehicle fails to meet any of the above requirements, the owner or possessor of the motor vehicle, shall be responsible to remove the motor vehicle to a duly licensed junk yard or other authorized place of deposit or storage within 10 working days of a demand by the city. In the event the owner or possessor of the motor vehicle cannot be located then it shall be the responsibility of the owner of the premises to remove the motor vehicle to a duly licensed junk yard or other authorized place of deposit or storage within 10 working days of a demand by the city.
(3) For purposes of this section, MOTOR VEHICLE means every vehicle which is self-propelled.
(D) Violations of public health or safety hazard. A person who creates, maintains or allows to continue a condition on property which poses a risk to the health or safety of the public in violation of division (B) or (C) above shall be deemed to have created in the city a public health or safety hazard which is declared to be a nuisance subject to abatement by the city as provided in division (E) below.
(E) Abatement.
(1) In all cases of nuisances described in division (D) above, the City Administrator, or his or her designee, shall cause a written notice to be served upon the person or entity that maintains, operates or permits a nuisance. The notice shall be substantially as follows:
“Notice to Abate Nuisance
The City of St. Charles to __________________.
You are hereby notified that the nuisance maintained, operated or permitted to exist by you located at ___________________________________________________________ and consisting or ________________________________ must be abated by the (removal) (destruction) (discontinuance) of the same and that if you do not comply with this notice, you are directed to appear before the undersigned at the St. Charles City Hall on __________________________, 20___, at _____ a.m./p.m. to show cause why the same should not be abated. If you fail to appear, the undersigned will take the necessary steps to abate the nuisance. The costs of abatement incurred by the city shall be assessed against you, and a lien may be imposted on the property to secure the payment.
Date this _________ day of _________________, 20___.
_______________________________________________
(Title of Signer)
A copy of the foregoing notice was served on __________________________ on the _______ day of ____________, 20___, by _____________(describe manner of service).
_______________________________________________
(Name of Server)”
(2) If the person or entity cannot be found, then a copy of the notice may be served by delivery to any member of the family or upon an officer or agent of the entity over 18 years of age and found on the premises described in the notice or at the residence of the person named therein, and if service cannot be had in that manner, then by posting a copy in some conspicuous place on the premises described in the notice and sending a copy of certified mail, return receipt requested, to the person or entity at the last known address.
(3) At the same time and place specified in the notice, the City Administrator, or his or her designee, shall hear the matter. The person or entity so complained of shall have the right to appear in person or by counsel. At the conclusion of the hearing, the City Administrator, or his or her designee, may vacate the notice or may declare the condition to be a nuisance and order it abated summarily.
(4) In all cases where the City Administrator, or his or her designee, shall have determined, after hearing or notice of hearing and default, that any nuisance shall be abated, he or she shall issue an order requiring the abatement of the nuisance within a time named in the order, and shall serve the order of abatement upon the person or entity who maintains, operates or permits the nuisance. In the event the nuisance is not abated by the party within the time provided in the order, the City Administrator, or his or her designee, shall cause the nuisance to be abated.
(5) Any person aggrieved by an order of abatement may appeal the order to the City Council. An appeal shall be taken within 10 days from the date of the order of abatement by filing with the City Administrator a notice of appeal which shall specify the grounds of appeal. The matter shall be placed on the City Council's next regularly scheduled meeting for a public hearing. An appeal stays all proceedings in furtherance of the action appealed from.
(6) The City Council may reverse or affirm, in whole or in part, or may modify, the order of abatement and may issue any order, requirement, decision or determination as is consistent with city ordinances.
(7) Any person or entity who fails to remove and abate any nuisance after proper notice, the opportunity to be heard, and final order shall be liable to the city for all expenses incurred in the removal and abatement of the nuisance. The city shall have the right to recover all costs and a lien may be imposed upon the property to secure payment of the costs. The procedure for establishing a lien shall be in accordance with M.S. § 429.101, as it may be amended from time to time.
(Ord. 448, passed 7-11-2000) Penalty, see § 10.99