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HomeMy WebLinkAbout7A Junkyards & Code Enforceabil STAFF AGENDA REPORT DATE: /i ~~ANK BOYLES, CITY MANAGE;X ~'Y CONSIDER CITY ATTORNEY REPORT RESPECT TO JUNK YARDS AND ENFORCEABILITY. JULY 1,1996 WITH CODE AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: The City Council directed that the staff review the current City Code with respect to "Junk Car" and "Junk Yard" enforcement to determine its effectiveness. The Council has also directed that provisions of the City Code be reviewed and updated as part of its 1996 Goals and Objectives. The purpose of this agenda item is to afford the City Council an opportunity to review and discuss a potential new Junk Car / Junk Yard ordinance for incorporation into the Prior Lake City Code. The Council need not take any action this evening except to provide the City Staff and City Attorney with direction regarding the proposed ordinance. DISCUSSION: Prior Lake Councilmembers and City Staff are receiving a greater number of complaints from City residents with respect to Junk Cars and/or junk accumulating on vacant and developed properties within the community. In an effort to better respond to such complaints, the City Council has asked the staff to review the current ordinance provisions, and if appropriate, propose amendments to the existing City Code (attached), which may improve upon its effectiveness. The City Attorney has met with the building official and I to discuss this matter. As a result of our meetings, she has provided the following: 1) A memorandum providing an overview for Agenda Item 7A. 2) A memorandum which summarizes two Junk Car / Nuisance court cases including the City of Plymouth V. Begin and Ternes V. the City of Coon Rapids. 701967ADOC 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3) A draft ordinance for City Council consideration and discussion. 4) Also provided are the relevant parts of Minnesota Statute 429, which refers to Special Assessments of benefited properties. ISSUES: The elimination of Junk or Junk Cars from private properties is a time-consuming and expensive process. The rights provided to property owners under the law and within the City Code are substantial and require that the City thoroughly follow Ordinance and Statutory procedures. Even w hen the City follows these procedures, there is a tendency for the Court to sympathize with the private property owners although the property owner may be in violation of the ordinance or written contract. However, it is important that the City have an effective mechanism to remove junk or junk cars, and assess associated costs to the property owner. The essential issue is whether or not the City Council wishes to provide this additional authority in the City's Code, and secondly, whether the process as set forth in the draft ordinance appears to be comprehensive and expeditious. ALTERNATIVES: 1. Review and discuss the ordinance, and provide the staff with direction regarding modifications or future research which should be provided. 2. Adopt the ordinance with modifications as the Council sees fit. 3. Adopt the ordinance as proposed. RECOMMENDATION: Alternative #1. Since there is no current case under way, the Council has the opportunity to review and discuss this ordinance further prior to taking any action. If the Council desires, further research can be done and the item placed on the July 15th agenda for action. ACTION REQUIRED: Provide staff direction with respect to any of ~he alternatives above. Attachment. 701967A.DOC fX ISTli\f6 ~CDt- 8-5-1 8-5-2 CHAPTER 5 PUBLIC NUISANCES SECTION: 8-5-1: 8-5-2: 8-5-3: 8-5-4: 8-5-5: 8-5-6: 8- 5- 7: 8-5-8: 8-5-9: Public Nuisance Defined Specific Conditions and Activities Permitting Nuisance to Exist Notice to Abate Posting Placard on Dangerous Building Abatement by City Right of Entry Collection of Abatement Costs Enforcement and Enforcement Penalties 8- 5-1: PUBLIC NUISANCE DEFINED: Any condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public, or interferes with, obstructs, or renders dangerous for passage, any public highway or right of way, or waters used by the public is a public nuisance. 8-5-2: SPECIFIC CONDITIONS AND ACTIVmES: (A) The following conditions are public nuisances whenever they may be found within the City: 1. Any noxious weeds as defined in Minnesota Statutes section 18.171, dirt or rubbish, or any swill, offal, garbage (except in authorized containers), ashes, manure, yard cleanings, dead animals, or any other foul or unhealthy material; 2. Fallen trees, fallen tree limbs, dead trees and dead tree limbs which in the opinion of authorized enforcement officers constitute a health, safety or fire hazard or threaten the public welfare; 3. Any sewer, private drain, sinkpool, cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, skin, carcass, garbage, stagnant water, vegetable matter, rodents or any other substance or thing that is offensive, nauseous, dangerous or uncomfortable to any persons or to the neighborhood. 888 fAlSI/NO- ~r;DE- 8-5-2 8-5-7 (B) Anyone carrying on or working at any trade or employment which shall be dangerous to the public health, hurtful to the inhabitants of the City or injurious to neighboring property or from which noisome odors arise shall be guilty of a violation of this Chapter if such person fails to cease and desist from such trade or employment within forty eight (48) hours from the time the Chief of Police, Director of Inspections, Commissioner of Health or their authorized representatives gives notice to such person to cease and desist. 8-5-3: PERMITIING NUISANCE TO EXIST: It is unlawful for any person to permit any public nuisance to remain on any premises owned or controlled by such person within the City. Such nuisances may be abated in the manner prescribed by this Chapter. 8 - 5 - 4: NOTICE TO ABATE: When there exists on private property a condition which is in violation of this Chapter, the Chief of Police, the Commissioner of Health, the Building Official, the Director of Planning, the City Manager, or their assistants shall cause a notice to abate such nuisance to be served personally upon the owner of said premises, or his agent, or the occupant of the premises, if the name of such person can be readily ascertained. Such notice may be served by mail in all cases where such owner, agent or occupant is not in the City or cannot be found therein, and if his post office address is known. Such notice may likewise be served by posting, for twenty four (24) hours, a copy of such notice upon the premises where the nuisance exists, whenever the owner or agent thereof is not known or cannot be found, and his post office address is unknown. Such notice shall designate therein the time after the service, or the mailing, or the posting of said notice, which the City considers a reasonable time for the abatement or removal of said nuisance. 8-5-5: POSTING PLACARD ON DANGEROUS BUILDING: When a nuisance shall be such as to render the occupancy of any building or premises within the City dangerous or unhealthy, the Chief of Police, the Commissioner of Health, the Building Official, the Director of Planning, the City Manager, or their assistants shall cause to be placed upon such building or premises a placard warning the public that such building or premises are unhealthy and should not be occupied until placed in a sanitary condition. Such placard shall be placed upon such building in cases where the nuisance is not abated within thirty six (36) hours after written notice to the owner or agent of such building or premises to abate such nuisance. 8-5-6: ABATEMENT BY CITY: If, at the end of the period fixed for the abatement or removal of a public nuisance, the nuisance has not been abated or removed by the owner, agent or occupant, the City may cause the same to be abated or removed in any manner deemed appropriate. 8-5-7: RIGHT OF ENTRY: The Prior Lake Chief of Police, the Building Official, the Director of Planning, the City Manager, or their assistants shall enforce the provisions of this Chapter, and for the purpose of enforcing the same, or satisfying themselves whether there has been any violation thereof, they shall, where 888 '[ y \ S T ! IV (-, C l DL 8-5-9 8-5-7 they may have reasonable cause to believe that this Chapter has been violated, enter upon any premises whatsoever and make reasonable search and examination after the existance or presence upon such premises of a public nuisance. No person shall resist, oppose or obstruct the above officers in any manner in the enforcement of this Chapter. 8-5-8: COLLEcnON OF ABATEMENT COSTS: All costs incurred by the City for the abatement and removal of a public nuisance upon privately ownEd property shall be assessed, levied and collected as a special assessment payable in one sum or by up to ten (10) equal annual installments as the Council may provide against such premises, in the manner provided by the law for the levy and collection of other special assessments. 8-5-9: ENFORCEMENT AND ENFORCEMENT PENALTIES: (A) In enforcing the provisions of this Chapter, the Chief of Police, the Building Official, the Director of Planning, the City Manager, or their assistants shall have the power to issue citations for violation of this Chapter. (B) In addition, any violation of this Chapter may be enjoined by the City Council through proper legal channels. (C) Any person, firm, partnership or corporation who violates this Chapter shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) for each offense. Each day a violation is permitted to exist shall constitute a separate offense. (Ord. 88-6, 5-16-88) 888 ~ X \ ~ T I tJ LT-- Q.. Db ~ 10-3-8 Said term means the following: C) DESCRIP ON of DEPICTI of ELICIT SE or IMMORAlI 1. Human genitals in a state or arousal; sexual InJercourse rotlc touching of human genitals, or female breast. KNOWINGL Y: the publication 1. Less than completely a opaquely covered human genitals, pubic areas, buttock nd female breast below a point immediately above the to ~ the areola; 2. Human male genitals in a diSCer~lY turgid state, even if completely and opaquely covered.~ '" ----~-~-~~[jSE AND POSSf:SSIO'I OF RACING, STOCK A:>I~~-'-' 10-3-9-1: DEFINITION S: The following words and terms wherever they occu r in this Section are defined as follows: NUDE or PARTIALL Y DENUDED FIGURES: JUNK CAR: Any motor vehicle which is in such an unsafe condition so as to endanger any person or which does not contain those parts or is not at all times equ ipped with such lamps and other equipment in proper condition and adjustment as requ ired by Minnesota Statutes chapter 169 or is equipped in any manner in violation of Minnesota Statutes chapter 169 or which is partially dismantled, or which is used for sale of parts or as a sou rce of repair or replacement parts for other veh icles, or which is kept for scrapping, dismantling, or salvage of any kind, or wh ich is not properly I icensed for operation within the State of Minnesota by the State of Minnesota. 1185 f-~ \ ST1N/& Q.ODE- 10-3-9-1 10-3-9-5 PE RSON: A natural person, firm, association, partnership or corporation, and any agent for any of the aforesaid. RACING CAR: Any motor vehicle designed or intended for operation on a speedway, racetrack, or other facility used or designed fa r high speed contests between two, (2) or more vehicles or for timing of speed. STOCK CAR: Any motor vehicle of standard design and construction which is modified, adapted or altered in any manner to increase its speed or safety, and designed or intended for operation on a speedway, racetrack, or other facility used or designed for high speed contests between two (2) or more vehicles or for timing of speed. 10-3-9-2: P-\RKI:\G.-\:'<. 0 ~TOR -\CE: No person shall park, keep, place, or store or permit the parking or storage of a stock car, racing car, or junk car on a public street or alley, or on any private lands or premises which he owns. occupies, or controls unless it shall be within a building on such private premises. Legitimate body and car repair businesses located ill areas zoned commercial within the City or body and car repair businesses with current legal nonconforming uses shall be excepted from th is Section of th is Chapter provided. however, that such businesses screen the outside areas where such vehicles are stored from public view from adjacent public thoroughfares. 10-3-9-3: REPAIR. SERVICE OR '1.-\I'~T:\I'd:\G: No person shall service, repair, replace parts or do maintenance work on a stock car, racing car, or junk car on a public street nor on any private lands or premises unless it shall be within a building on such private premises. 10-3-9-4: OPERATION: No person shall drive or operate a stock car or racing car upon the streets and alleys within the limits of the City. 10-3-9-5: VIOLATION: Any person who violates this Section is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars (S300.00) or by imprisonment in the County Jail for not more than ninety (90) days, or both. lard. 85-2, 1-21-85) 1185 11111111111111111111111111111111111111111111111111111111111II111111111111111111111111111111111111111111111111111I11II111111111111111111111111111111111111111111111111111111111111111111.111111111 06/25/96 TUE 16: 57 FAX 612 452 5550 C K S & F 141 002 . CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 *** Ph. 452-5000 Fax 452-5550 MEMORANDUM June 2S, 1996 TO: City Manager and City Council FROM: Suesan Lea Pace, City Attorney RE: Abatement of Junk Cars and Junk Yards (Item 7A) Attached are three items. The fl1'St is a Draft ordinance that adds junk cars and junk yards to the provisions in the Prior Lake Code dealing with nuisances. This is being provided to you in draft form, in order to allow the Council the opportunity to consider whether the draft ordinance addresses the intent of the issues that have been raised by Council members. The second document is a memorandum concerning the enforceability of ordinances relating to the abatement of nuisances. Ownership and private property creates certain constitutional protections. The process to abate a nuisance is cumbersome and can become expensive. Nonetheless, the Council may want to give the City the authority to abate nuisances, providing the ability to make a decision on whether to use the ordinance on a case by case basis. Notwithstanding the foregoing, Minn. Stat. ~29.101, a copy of which is attached, provides the City authority to abate certain specific II nuisances II and to assess the cost of such abatement against the benefitted property. Junk cars and junk yards are not among those "nuisances" enumerated in the statute. Subdivision "c" does provide for the removal or elimination of pUblic health or safety bazards from private property, excluding any structure (hazardous building) included under the provisions of sections 463.15 to 463.26. 1111I1I1I11111111111111111111111111111111111 U I1111111111111111111111111111111111111111111111111111111I111111111111111111111111111111111111111111111111111111I1111111111111111111111111111111111 , 06/25/96 TIlE 16: 58 FAX 612 452 5550 C K 5 & F IaJ 003 MEMORANDUM TO: Frank Boyles, City Manager City Attorney June 3, 1996 FROM: DATE: RE: Prior Lake: Junk: Cars and Nuisance Ordinances ------------~-----._.....-------..--------------......---------------------~----------- The proposed changes to the City ordinance define abandoned or junk cars as a nuisance and allow the City to abate the nuisance and assess the cost against the property. Minnesota case law is sparse addressing the propriety of these actions by a municipality under the theory of "nuisance" violations. Under Minnesota Statute Section 429, municipalities have certain powers which include the. power to "abate nuisances and to drain swamps, marshes and ponds on public or private property and to fill the same." Id. at Subdivision 1(8). Additionally t a city council has "power by ordinance to define nuisances and provide for their prevention or abatement." Minn. Stat. 1412.221, Subdivision 23. The issues are whether a junk: car may properly constitute a nuisance and whether a city may abate the nuisance and assess the cost. 1. Junk cars have been recoguized as "nuisances" by Minnesota courts. The unpublished case. City of Plymouth v. Be~in, 1993 WL 290271, involved a breach of contract action for failure to clean up a salvage yard. The defendant 38764 1I11I11111111111111111111111111111111111111111111111111I1I111111111111111111111111111111111111111111111111111I11I1111111111111111111111111111111111111111111111111111111111111111111111111111111 06/25/96 TIm 16: 58 FAX 612 452 5550 C K S & F IaJ 004 counterclaimed for breach of contract, trespass and conversion based upon the City's entrance onto his property to clean up the yard. The trial court found, and the Court of Appeals aftinned, that the resident had violated the city zoning ordinances and that his activities constituted a nuisance. Id. at page 1. 2. Under limited circumstances, Minnesota Courts have allowed the abatement of junk cars and the assessment of the costs of dean up. The Court of Appeals, in Cirv of Plvmouth v. Beain, also held the City did not trespass on the resident's property and the abatement was proper. Id. at page 3. The key element to the successful clean up effort by the City in the Beein case was the creation of a contract between the City and the resident whereby the resident bad time to clean up the yard after which time the City would enter and clean up the yard and bill appellant for the cost. The court enforced this contract as against the resident. The court did not address the ordinance itself but rather the breach of the contract between the parties as the basis for the entry by the City onto private property to clean up and assess the costs to the land owner. The court reviewed the fair value of the items taken and established a value of $35,125. The removal costs totaled $36,022.04 and the City was therefore awarded the amount of $897.04 as the difference. In the unpublished Court of Appeals case. Thmrs v. City of Coon Rapids, 1988 WL 62581, the City of Coon Rapids commenced a nuisance abatement program by cleaning up a premises, removing two vehicles in the process. The resident responded to the clean up by alleging the City's action constituted a taking of his business 38764 11111111'1111111111111111111111111111111111111111111111111I11111111111111111111111111111111111111111111111111111111I111111111111111111111111111111111111111111111111IIIIIIIIIIIWJIIIIIIIIIIIIIII , 06/25/96 TOE 16:58 FAX 612 452 5550 C K S & F ~005 without compensation. The Court held "the application of a general zoning law to particular property effects a taking if the ordinance does not substantially advance legitimate state interests or denies an owner economically viable use of the land." Id. at 62581 *1 citing, Aims v. City of Tiburon, 447 U.S. 2SS, 260 (1980). The court held the resident's use of the property was exterior storage which was an impermissible non-conforming use and the City had a permissible interest in removing . the Don~onforming use. The Coun's opinion does not directly address the issues surrounding the City's clean up project. Conclusion The lesson in the ~ and ~ cases is that a City may enter onto private property, abate a nuisance, and assess the cost to the landowner. The Belin case reflect the opinion that a City may enter into a written contract which will remove any j issues regardin& the entrance onto private property to abate a nuisance and later assess the costs. 38764 111111111111111111111111111111111111111111111111111111111III11111I111111111111111111111111111111111111111111111I111I1111111111111111111111111111111111111111111111111I1II1I111 ~ 11I111 n 11I1II1 . 06/25/96 TUE 16:59 FAX 612 452 5550 C K S & F ~006 ORDINANCE NO. 96- CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING TO CONTROL JUNK AND JUNK VEHICLES ON PUBLIC OR PRIVATE PROPERTY 11iE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS: SECTION 1. The Prior Lake City Code, Title Eight, is amended by adding Chapter 6, as follows: 8-6-1: 8-6-2: 8-6-3 : 8-6-4 : 8-6-5: 8-6-6: 8-6-7 : 8-6-8: 8-6-9: 8-6-10: 8-6-1. 37671.01 05/02196 SECTION: JUNK AND JUNK VEmCLES CONTROL Purpose DefInitions Unlawful Conduct Removal of Junk and Junk Vehicles Police Identification of Junk and Junk Vehicles Hearing Notice to Owner Costs to be Assessed Junk and Junk Vehicles Abatement Civil in Nature Penalties Purpose. (a) The Council fmds that Junk and Junk Vehicles are an increasing problem in the City. The Council finds that quick removal of Junk and Junk Vehicles may assist in preventing encouragement of the deterioration of property and neighborhoods. (b) The Council further fmds that Junk and Junk Vehicles creates a condition of blight which can result in the deterioration of property values. and is inconsistent with the City's property maintenance goals and aesthetic standards. In addition, unless Junk and Junk Vehicles are removed, other properties soon become the places for the storage of Junk and Junk Vehicles. 1111111 ~H II1I1111I11II1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 W,! 111111111111111 06/25/96 Tl~ 16:59 FAX 612 452 5550 C K S & F ~007 (c) The Council hereby declares its intention to minimize and to quickly remove Junk and Junk Vehicles to limit the adverse impact on City properties and neighborhoods. Junk and Junk Vehicles are hereby declared to be public nuisances and public health and safety hazards for pwposes of Minnesota Statutes, Section 429.101, Subd. l(c) and Section 429.021, Subd. 1(8). 8-6-2. DermitioDS. For purposes of this section, the terms defined in this section shall have the following meaning ascribed to them. "Junk" shall mean any old, used, or second-hand material of any kind, including used motor vehicle parts of any kind, machinery of any kind, and/or parts thereof, household furnishings or appliances, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron, or other metals, or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as Junk. " Junk Vehicles" shall mean any unlicensed, unregistered or inoperable motor vehicle including automobiles, motorcycles, ATV's, snowmobiles, go-cans or any components or parts thereof. 8-6-3. Unlawful Conduct Reeardinl Storaee of Junk and Junk Yehicles. It shall be unlawful for any person to place or maintain for keeping, storing, or piling, whether temporarily t irregularly t or continually any Junk or Junk Vehicles on private property unless the same is housed within a lawfully erected building. This chapter shall not apply to materials or vehicles stored on private property as part of a junk yard or salvage business permitted by City zoning regulations. 8-6-4. Removal of Junk. and Junk Vehicles. (a) A property owner may ask the City to remove Junk or Junk Vehicles from the owner's property before being ordered to do so following the abatement procedure set forth in Subsections 8-64 through 8-6-10. If the City agrees to remove the Junk or Junk Vehiclest the City shall have the property owner or its designated agent sign a release of liability form and a consent form authorizing the City or its agents to enter onto the property. The property owner shall be liable for any costs which the City incurs in removing the Junk or Junk Vehicles. The City may collect the costs as a special assessment pursuant to Minnesota Statutes, Section 429.101, Subd. 1 (c) if the property owner fails to reimburse the City upon request. 37671.01 2 05/02/96 1II1111111111111111111111111111111111111111111111111111111I11111111111111111111111111111111111111111111111111I1111111111111111111111111111111111111111111111111111111111111111~111111111111111, 06/25/96 Tlm 17:00 FAX 612 452 5550 C K S & F 008 8-6-5. 8-6-6. 37671.01 05/02/96 (b) (a) (b) If an owner does not remove Junk or Junk Vehicles and does not ask the City to remove Junk or Junk Vehicles from the owner's property before being ordered to do so, the City may remove the Junk or Junk Vehicles by following the abatement procedure set forth in Subsections 8-6-5 through 8-6-8 herein. City Police to Identify. (a) Based upon information received from the public or upon police observation, the City police shall investigate and identify Junk and Junk Vehicles. After the police department has verified the existence of Junk or Junk Vehicles, the police chief shall send a letter to the property owner by certified mail informing the property owner about the Junk or Junk Vehicles and requesting the property owner to remove the Junk or Junk Vehicles within a reasonable period of time which shall be less than thirty (30) days, based upon consideration of weather conditions and other relevant factors. The police department shall verify whether the Junk or Junk Vehicles have in fact been removed. If the police department finds that the Junk or Junk Vehicles have not been removed within the time allotted, the department shall contact the City Clerk, who shall schedule a public hearing. The City Clerk shall notify the affected property owner of the hearing date, the preliminary findings that Junk or Junk Vehicles exist on the owner's property and that the Council may after the hearing order the removal of the Junk or Junk Vehicles by the property owner or the City's department of public works, and if said department has to remove the Junk or Junk Vehicles, the costs will be assessed against the owner's property. Hearinl_ At a hearing before the Council, the Council shall receive evidence from the police department and from any other persons with knowledge as to the existence of Junk or Junk Vehicles. The property owner shall be entitled to be heard on all matters relating to Junk or Junk Vehicles and the process of removal. The existence of Junk and Junk V chicles must be proven by a preponderance of the evidence. (b) If the Council finds that Junk or Junk: Vehicles exist on private property, the Council shall direct its removal in accordance with Subsections 8-6-7 and 8-6-8. The department of public works may authorize private contractors to handle Junk: and Junk vehicle removal. 3 IIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111I1111111111111111111111111111111111111111111111111111I11I111111111111111111111111111111111111111111111111IIIIIIIIIII~IIIIIIIIIIIIIII 06/25/96 TUE 17:00 FAX 612 452 5550 C K S & F ~009 8-6-7. Notice to Owner. (a) In the event the Council fmds that Junk or Junk Vehicles exist upon private property, the city attorney shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall: (i) Contain a description of the real estate sufficient for identification. (ii) Inform the owner that the Council has found Junk or Junk Vehicles exist on the owner's property. (iii) Request that the owner remove the Junk or Junk Vehicles within a reasonable time as detennined by the Council. (iv) Inform the owner that a motion for summary enforcement of the order will be made to the District Court for Scott County unless corrective action is taken within the time allotted, or unless an answer is flied within twenty (20) days from the date of service of the order. An answer to the order must be served in the manner of an answer in a civil action and must specifically deny such facts in the order as are in dispute. (b) Service of the Order. The written order shall be served upon the owner of record or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the mann~r provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or upon the structure, and by four weeks published notice in the official newspaper of the City or any legal newspaper in the county. (c) Filing of Order. A copy of the order with proof of service shall be filled with the court administrator of the District Court for Scott County not less than five days prior to the ruing of a motion for enforcement of the order. (d) Default. If no answer is served, the City may move the court for the enforcement of the order. If such motion is made the court may. upon the presentation of such evidence as it may require, affIrnl or modify the order and enter jUdgement accordingly, fixing a time after which the City may proceed with the enforcement of the order and specifically authorizing the City to enter the property to remove or abate the Junk or Junk Vehicles. 37671.01 4 rYJ/02/96 111111111111111111111111111111111111111111111111111111111111111II111111111111111111111111111111111111111111111111I11II111II1111I1111111111111111111111111111111111111111111111 ~ 111I111I11111I1 06/25/96 TUB 17:00 FAX 612 452 5550 C K S & F 010 (e) Contested cases. If an answer is filed and served, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts. If the order is sustained following the trial, the court shall enter judgement and shall fix a time after which the Junk or Junk Vehicles must be removed in compliance with the original order as rued or modified by the court. If the order is not sustained, it sball be annulled and set aside. The court administrator shall cause a copy of the judgement to be mailed forthwith. to persons upon whom the original order was served. (t) Enforcement of judgement. If the owner of record fails to comply with the judgement by failing to remove the Junk or Junk Vehicles within the time prescribed, the City may enter the property and remove the Junk or Junk Vehicles as set forth in the judgement. 8-6-8. Costs to be Assessed. (a) In the event the City removes the 1unk or Junk Vehicles, the costs of the removal may be: a lien against the real estate on which the building or structure is located, or recovered by obtaining a judgement against the owner of the real estate on which the building or structure is located. A lien may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Sections 429.061 to 429.081, but the assessment is payable in a sinile installment. (b) The City shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses incurred in connection with its enforcement including filing fees, service fees, publication fees, attorney's fees, appraisers fees, witness fees, expert witness fees and traveling expenses incurred by the City from the time the order was ori&inally made. The City shall report its action under the order with a statement of expenses incurred to the court for approval and allowance. The court shall by its judgement certify the deficiency in the amount so allowed to the municipal clerk for collection. 8-6-9. Junk and Junk Vehicles Abatement Civil in Nature. Subsection 8-6-7 relating to the abatement of Junk and Junk Vehicles, shall not be treated as misdemeanors nor shall they be criminal in nature. THIS ORDINANCE SHALL BE EFFECTIVE JANUARY 1, 1997, FOLLOWING PASSAGE AND PUBUCATION. 37671.01 05/02/96 s I1IIII11 ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111111111111111111111111111I1I11I111111111111111111111111111111111111111111111111I111111111111111111111 06/25/96 TUE 17: 01 FAX 612 452 5550 C K S & F IaJ 011 ADOPfED this City of Prior Lake. day of , 1996, by the City Council of the CITY OF PRIOR LAKE By: Lydia Andren, Mayor ATTEST: Frank Boyles, City Manager 31671.01 05/02/96 6 1I1I11111111111111111111111111111111111111111111111111I1111I111111111111111111111111111111 ~ II~ II~ II ~ II~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I1111111111111 ~ IJ ~ ~J II11II111 06/25/96 Tlffi 17:01 FAX 612 452 5550 rAN AREAS OVemeIll~ DCt:r. May 1954, Del" pursua.IU to ~ .~. ~~: }'J, :j. J. .:~ :.:,~ :1: ! ~1 t 1f1 J.:1 "f: ~, :ned that a pore lS to be paid by 'D mroUcb the ,ds, an~ a hetU'- :tal assessment .vbich DO prop- : eou1d Dot for- 11 though there .petty specially ~ted unless ~ bonds, . Op.Atty.Cien., , i village. in. the 'atel" Pollution senera1 obll- UIl. maintain 'POw systems Op.Atty.~., , 'e subject to he i$w.auc:e of ot be required .ayable whoUr adudq con.ve- I Decessary on JDI to finaDee nprovement If 20 percent of Nov. 2, 1961. purebase DCW 1ld IlOt be r~ l10D of under- ancc:: of bonds ~. OpAtty. 55. ~ DOt como n to mandato- r issuance of, ~ voters at an puons c.a4 be LOCAL IMPROVEMENTs 1429.101 i5sued by viJJas'e to pay for the cost thereof '7. .a"-1iIIHlIItI Op.Any.Gen.., 476--C-t, April 9. 1953. : ~ 6. -~. hoad. Where orisinal vilbae sewer bond issue au- thorizatioQ \Va5 for 1130,000. but the vil1ap iasued but $100,000 wOl1h 01 bonds. the vUI.ge eould issue additional bc:Jads to repay a loan from the villap's surplus funds paid into the sewqe disposal fund as an emerpncy mea. su.re. prOVidlQa that the delay between the au~ thorizatiOJl for isswuIc:e and the borrowing fro= the surplus funck was Dot um'ea5Qnable. Op.Atty.Gen.. '-'6a-3! Oct. 29. 1959. Charier city could . issue boncb to .&ance water iD:1provcment program if Dot less than 20 per CQt of the ease of the huprOVeme=t should be assesacd aa-inst benefited property. Op. Any.Gen.. S9-A-1. Mareh 24, 1954. III COJnpudq the ~ of the COlt of an Unp.tVvement to be 4SIeaed apiuc beDdited property, under aubd. 3 of thiS ledioQ. a ci&y could iDcIudc that portion of the Jt~ ~aeJU whic:h would be assessed apiDSt city owned property. Op.Atty.~. S9.... Oct:. 7. 1966. In ~ UleUmeqts tor toea! improve- menu in viJJaae. Bud per (:ellt of dUect con. stnadJOD COStS may tie us.d to. decermme c~ for ~eeriD.. clerical and Iepl fea. 11 reasonable. Op.Any.Gen.. 408-C, A-uar., 1. 1951. '. ra ~ &Nessalenb fo~ local improve. meQts in village, intawst froz:u date of .Je of improvement bonds to data of as.asmeDt may be included in aaessment. but ~ to COver anticipated delinquencies in .sPeda1 .,.._~ c:oUeclloQS !nay !lot be so included. Id. . i 429.10. Repealed by Laws 1953, c. 398. I 13, mbcL 1 WatOrfca1 Note The repealed aeaion related to caIcu1atiOD of 51.1927, I 19'18-.24. the expense and ~ent of improvements laWs 1925, Co 382, t 10. and notice thereof, and was derived from: f 429.101. Servlce dlarges, a special assessment against beaef.ltedproperty Subdl'risloD 1. Ordlnancea. In addition to any other method authorized by law or charter. 'the goVerning body of any municipality may provide for the collection of wtpaid special charges for: all or any part of the cost of (a) snow, ice. or rubbish removal from sidewalks. (b) weed elin1ination from streets or private property. -7 (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of sections 463.15 to 463.26, (d) installation or repair of water service lines, street.sprinkling or other dust treatment of streets. ,(e) the trinun.ing and care of trees and the'removal of unsound trees from any street, ' (1) the treatment and removal of insect infested or dise&$ed trees on private property, the repair of sidewalks and alleys, (g) the operation of a street lighting system, or (h) the operation and maintenance of a fire protection or a pedestrian skyway' system, , il$ a special assessment against the proPerty benefited. The council may by ordinance adopt regulations consistent with this section to make this authori- ty effective, includin& at the option of the council, provisions for placina primary responsibility upon the property owner or OCcupant to do the work' personally (except in the case of street sprinkling Or other dust treatment, 639 ! -: i. I" .. 111111111111111111111111111111111111111111111111111111111I11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ~ 111111111111111 · 06/25/96 TIlE 17: 01 FAX 612 452 5550 C K S & F ~ 013 r I .' 1429.101 CITIES, METROPOLITAN AREAs i i I; i. ! I j : I I alley repair, tree trimming, care, and removal or the operation of a street liil;1tinl system) upon notice before the work is undertaken, and for collection from the property owner or other person served of the charges when due ~fore unpaid charges are made a special assessment. lubd. 2. Procedure for aueament. Any special assessment levied under subdivision 1 shall be payable in a single installment, or by up to ten equal annual instalments as the council may provide. With this exception, sections 4~~.~1, 429.071" and 429.081 shall apply to aSCfI'"",ents made under this section. . . SubeL 3. Issuance of ob1lgatlons. After a contract for any of the work enumerated in subdivision 1 has been let. or the work commenced. the council may issue obliaations to defray the expense of any such work financed in whole or in part by special charges and assessments imposed 'upon benefited property under this section. Section 429.091 shall apply to such obligations with the followini modifications: (1) Such obligations shall be payable not more than two years from the date of issuance; (2) The amount of such obligations issued at one time in a municipality shall not exceed the cost of such work during the ensuing six months as estimated by the council; (3) A separate improvement fund shall be set up for each of the enumerated services referred to in subdivision 1 and financed under this section. Pro- ceeds of special charges as well as special assessments and taxes shall be credited to such improvement fund. Laws 1953, c. 398, i 10. Amended by Laws 1955, c. 811, I 6; Laws 1963, c. 771, ~ 5: Laws 1965, Co 323, ~ 2; Laws 1973, c. 337, I 1; Laws 1974. Co 340. ii 1. 2, eft. March 29, 1974; Laws 1984, c. 548. g 7; Laws 1984. Co 582. g 7, eff. April 27, 1984; Laws 1984, c. 591, ~ 6. cff. April 27, 1984: Laws 1984, Co 633, g S, eff. May 3, 1984; Laws 1986, c. 444. Hlatorlc.J Note The 1955 amendment. in subd. 1, iD.5Cl1cd lhe 1973 amendment included Halley repair" among the items councils of municlpalitiC5 within the terms of subd. 1. may provide for collectio~ of \lnpaid special . c:barps ..the trimming and care of trees and The 1974 amendment substituted "SOVCl'DlDg the removal of u1UOuncl trees frOnl any street" body" for "council'" and inserted "removal or and IIlso included "tree trimminC. care. and elimination of public health Ot safi:ty hazards removal" among the items excepted from being from private property, ac1uding any structure named 8.$ primary responsibility of the proper. included under the provisions of sedons ty owner or occupanL 463.15 to 463.26, installation or repair of watl:1" The 1963 amendment inchlded operation of servi~ lines."}n lbe first sentence of $\lbd. 1; a stteel lipting systeni within the terms of and mserted , ot by up to ten equal annual ,su'bd. 1, effective July 1. 1963. instalments as the ~WlCi1 may providc" at the Th ld.t5 ndm add-~ "th end of the first sentence' of subd. 2. e ;rg am. ent ~ e treatment and removal of insect infested or diseased trees' Laws 1984, ca. S82~ 591. and 633. in subd. 1, on private property" to the fir~ sentence of each de$iJDated cls. <a> to (g) as such and wbci 1. added cl. (h). CoDStltutlonal ProvIalmu Coustitution, Art. 10. fi 1 provides in part; for loea1 improvements upon property benefit- · . .. The legislature may autborize municipal cd thereby without regard to cash valuation. corporations to levy and collect asse.ssmcnt5 " 640 ! !:i 1.1 . . I': I I! ! !' i !: LOCAL IMPI Control of plant 1 Shade tree diIea.s 429.11. Rap The ~ed SC and collection of . frolXC 429.111. c}, Any city OpE chapter or un charter or amI improvement Laws 1953, c. 3~ eft. March 13. ] The 1955 amel which formerly p "TheprovisiOD$ sive for allY mu: bome rule Chart~ the home rule , prc:&Pl' provided amcncment herea of this chapter aI city of the second Icsislad;ve charter City defbled, sel ~ The Umlts of ~ R.we. Terrance Minn. Law R.evi., 1. Ccm.tnacUOD Ho.ue n.JJ. c:ha to April 17, 1953 spedal ~e~ lory, 'but city COl under Minne$ota der the charter. 14, 1964.