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HomeMy WebLinkAbout88-05 CITY OF PRIOR LAKE ORDINANCE NO. 88-05 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE CHAPTER 5. TITLE 10 Council of the City of Prior Lake does hereby ordain: Prior Lake City Code Chapter 5 is hereby amended as follows: 1. A new Section 10-5-1 is hereby added to Chapter 5 to read as follows: 10-5-1: ABANDONED PROPERTY: Deteriorated, wrecked or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected from the elements, including, but not limited to, deteriorated, wrecked, inoperative or partially dismantled trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other articles in such condition. (A) No person shall place or leave or cause to be placed or left, abandoned property on public premises within the City; nor keep, store or cause or permit to be placed, left, kept or stored, abandoned property on private premises within the City, except as otherwise permitted under the terms of the Prior Lake City Code. (B) When a police officer, the Director of Planning, the Building Inspector, the City Manager or their assistants (as "enforcement officer") shall find an article of abandoned property on public premises within the City, he/she shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property [set forth a description of the property] is un1awfully upon public property known as [set forth brief description of location], and in violation of Chapter 5 of the Prior Lake City Code, and must be removed within ten (10) days from the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Prior Lake. Dated this [Set forth date of posting of notice] Signed: [Set forth name, title, address and telephone number of enforcement officer] Such notice shall be not less than eight (8) inches by ten (10) inches and shal1 be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting the notice, the enforcement officer shall make reasonable efforts to ascertain the name and address of the owner of the article or articles, and if such is reasonably available to the enforcement officer, he/she shall mail a copy of such notice to the owner on or before the date of posting. If, at the end of ten (10) days after posting of the notice, the owner or any person interested in the article or articles described in the notice has not removed it from the public premises or shown reasonable cause for failure to do so, the enforcement officer may cause the article or articles of abandoned property to be removed, destroyed and disposed of. (C) Whenever a enforcement officer shall find an article or articles of abandoned property on private premises within the City, he/she shall cause a notice to be placed upon such article in substantially the fOllowing form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property [set forth a description of the property], located at [set forth brief description of location], is improperly stored and is in violation of Chapter 5 of the Prior Lake City Code, and must be removed within ten (10) days from the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Prior Lake. Dated this [Set forth date of posting of notice] Signed: [Set forth name, title, address and telephone number of enforcement officer] Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting the notice, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned article or articles are located, as shown by the real estate tax records on or before the date of posting of such notice. If, at the end of ten (10) days after posting of the notice, the owner or any person interested in the article or articles described in the notice has not removed the article or articles and complied with the regulations cited in the notice, or shown reasonable cause for failure to do so, or the article or articles have been removed to another location within the City, including any public premises where storage of such article or articles is prohibited, the enforcement officer may cause the article or articles of abandoned property to be removed, destroyed and disposed of. (D) The Prior Lake Police Department, the Director of Planning, the Building Inspector, the city Manager, and their assistants shall enforce the provisions of this section, and for the purpose of enforcing the same, or satisfying themselves whether there has been any violation thereof, they shall, where they may have reasonable cause to believe that this section has been violated, enter upon any premises whatsoever and make reasonable search and examination as to the existence or presence upon such premises of any abandoned property. No person shall resist, oppose or obstruct the above officers in any manner in the enforcement of this section. (E) All costs incurred by the City for the removal and disposition of abandoned property on private premises 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 the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments. (F) Any person who abandons property on any public or private property is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed Seven Hundred Dollars ($700). 2. The present Section 10-5-1, Unclaimed Property, of Prior Lake City Code Chapter 5 is hereby renumbered as Section 10-5-2. 3. The present Section 10-5-2, Abandoned Motor Vehicles, of Prior Lake City Code Chapter 5 is hereby renumbered as Section 10-5-3, and the first paragraph of said section is hereby amended to read as follows: 10-5-3: ABANDONED MOTOR VEHICLES: Notwithstanding Sections 10-5-1 and 10-5-2, the following shall apply to abandoned motor vehicles: 4. The present Section 10-5-3, Violation, of Prior Lake City Code Chapter 5 is hereby renumbered as paragraph (I) of Section 10-5-3, Abandoned Motor Vehicles. This ordinance shall become effective from and after its passage and pUblication. Passed by the Council this 21st day of March , 1988. ~~ 4~ Published in the Prior Lake American on the 4th day of April 1988. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1100 TCF Tower Minneapolis, Minnesota 55402