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HomeMy WebLinkAbout606: Junk and Junk VehiclesHealth and Sanitation City of Prior Lake 606/p1 SECTION 606 JUNK AND JUNK VEHICLES SUBSECTIONS 606.100: PURPOSE 606.200: DEFINITIONS 606.300: UNLAWFUL DETAINER 606.400: REMOVAL OF JUNK AND JUNK VEHICLES 606.500: POLICE IDENTIFICATION OF JUNK AND JUNK VEHICLES 606.600: HEARING 606.700: NOTICE TO OWNER 606.800: COSTS TO BE ASSESSED 606.900: JUNK AND JUNK VEHICLES ABATEMENT CIVIL IN NATURE 606.1000: PENALTIES 606.100 PURPOSE: The Council finds 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. The Council further finds that Junk and Junk Vehicles create 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. 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). 606.200 DEFINITIONS: For purposes of this Section, the terms defined in this subsection shall have the following meaning ascribed to them. Junk shall mean any old, used, or second-had 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 metals, or articles 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. 606.300: UNLAWFUL CONDUCT REGARDING STORAGE 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 Section shall not Health and Sanitation City of Prior Lake 606/p2 apply to materials or vehicles stored on private property as part of a junk yard or salvage business permitted by City zoning regulations. 606.400: REMOVAL OF JUNK AND JUNK VEHICLES. 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 606.400 through 606.1000. 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. 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 606.500 through 606.800. 606.500: CITY POLICE TO IDENTIFY. 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 and 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. 606.600 HEARING. 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. If the Council finds that Junk or Junk Vehicles exist on private property, the Council shall direct its removal in accordance with subsections 606.700 and 606.800. The Health and Sanitation City of Prior Lake 606/p3 department of public works may authorize private contractors to handle Junk and Junk Vehicle removal. 606.700: NOTICE TO OWNER 606.701 In the event the City Council finds 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: 1. Contain a description of the real estate sufficient for identification. 2. Inform the owner that the City Council has found Junk or Junk Vehicles exist on the owner's property. 3. Request that the owner remove the Junk or Junk Vehicles within a reasonable time as determined by the City Council. 4. 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 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. 606.702 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 lien holders 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. 606.703 Filing of Order. A copy of the order with proof of service shall be filed 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. 606.704 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 judgment 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. 606.705 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 judgment 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 judgment to be mailed forthwith to persons upon whom the original order was Health and Sanitation City of Prior Lake 606/p4 served. 606.706 Enforcement of Judgment. If the owner of record fails to comply with the judgment 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 judgment. 606.800: COSTS TO BE ASSESSED. In the event the City removes the Junk or Junk Vehicles, the costs of the removal may be: (1) a lien against the real estate on which the building or structure is located, or (2) recovered by obtaining a judgment 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 single installment. 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 fees, appraiser 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 judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. 606.900: JUNK AND JUNK VEHICLES ABATEMENT CIVIL IN NATURE. Subsection 606.700 relating to the abatement of Junk and Junk Vehicles shall not be treated as misdemeanors nor shall they be criminal in nature. 606.1000: PENALTIES. In enforcing the provisions of this Section, 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 violations of this Section. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. This Section may be enforced through the civil or criminal process at the discretion of the City Council. Any person, firm, partnership or corporation who violates this Section 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. Amd. 114-18, pub. 12/20/14)