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HomeMy WebLinkAbout96-17 Junk Yards ORDINANCE NO. 96-17 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING CITY CODE, TITLE EIGHT, TO CONTROL JUNK AND JUNK VEHICLES ON PUBLIC OR PRIVATE PROPERTY THE 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: SECTION: JUNK AND JUNK VEHICLES CONTROL 8-6-1: Purpose 8-6- 2: Defmitions 8-6-3: Unlawful Conduct 8-6-4: Removal of Junk and Junk Vehicles 8-6-5: Police Identification of Junk and Junk Vehicles 8-6-6: Hearing 8-6- 7: Notice to Owner 8-6-8: Costs to be Assessed 8-6-9: Junk and Junk Vehicles Abatement Civil in Nature 8-6-1. Purpose. (a) The Council finds that Junk and Junk Vehicles are an increasing problem in the City. The Council fmds 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. (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 purposes of Minnesota Statutes, Section 429.101, Subd. 1(c) and Section 429.021, Subd. 1(8). 39298 8-6-2. Definitions. For purposes of this section, the terms defmed 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-carts or any components or parts thereof. 8-6-3. Unlawful Conduct Ree:ardine: Storaee of Junk and Junk Vehicles. It shall be unlawful for any person to place or maintain for keeping, storing, or piling, whether temporarily, irregularly, 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 8-6-4 through 8-6-10. If the City agrees to remove the Junk or Junk Vehicles, 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. (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. 8-6-5. 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 39298 2 -... 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. (b) 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. 8-6-6. Hearine. (a) 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 Vehicles 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. 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. (H) Inform the owner that the Council has found Junk or Junk Vehicles exist on the owner's property. (Hi) Request that the owner remove the Junk or Junk Vehicles within a reasonable time as determined 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 filed within 39298 3 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 manner 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. If the owner cannot be found and the land is vacant of any structures, the order shall be served by four (4) 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 filing 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, affirm 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. (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 filed or modified by the court. If the order is not sustained, it shall 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 Junk 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, 39298 4 Sections 429.061 to 429.081, but the assessment is payable in a single 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 originally 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 PUBLICATION. ADOYfED this } Prior Lake. day of JuUj , 1996, by the City Council of the City of CITY OF PRIOR LAKE BY~<<<, -_~~~ ydia Andren, Mayor 39298 5