Loading...
HomeMy WebLinkAboutOrd. 245 - Junk Vehicles CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 245A AN ORDINANCE AMENDING ORDINANCE 245 REGULATING ABANDONED, WRECKED, JUNKED, P ARTIALL Y DISMANTLED, OR INOPERATIVE VEHICLES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Ordinance 245 is hereby amended as follows: SECTION 5. WARNING NOTICE. If the City determines that any person in charge or control of private property is in violation of any section of this ordinance, the City shall serve upon said violator a ten (10) day warning notice specifying the following: the nature of the violation in detail, the penalty for the continued violation, and such action that is necessary to correct the violation. The notice shall further state that if the 'liolation is not correctod, the matter will be broligBt bef-ore the City COl:lReil at a hearing for deelaration of mtisaRoe and oreIer for abatement. Said hearing shall not be held soeRer thaR t\veBty (2()) days followiag Rotiae ehlaming. The heariBg notiee shall be distributed to all abutting property owners of said property in violation, in wkieh sueh notioe shall speoifY the date, time and place of said hearing. Anv person. firm. corporation or voluntarv association which violates or refuses to comply with any of the provisions ofthis ordinance shall be guilty of a misdemeanor. and upon conviction thereof shall be punished as defined bv State Law. Each dav that a violation is permitted to exist shall constitute a separate offense. Any violator who is served with a ten (10) day warning notice, as mentioned above, who responds by moving the item(s) which is in violation to a new location within the City limits which is also in violation of the ordinance, shall be considered to be in continued violation, and the original ten (10) day warning notice grace period shall continue to run in the same manner as if the violator had not moved the item(s) from the original location. SECTION 6. DECLARATION OF NUlS..\NCE. ORDER FOR L~iB"'iTEMENT }"iND INJUNCTION. 1 " Following a hearing as proT/ided for in Section 5, ood a finding of a T/iolation of the ordinance, the City Council may declare the property to be a lll:lisance and order abatement. The order for abatement shan direet that The city attorney may make an application for injunction be made to the district court, or other court of competent jurisdiction, pursuant to the Minnesota Rules of Civil Procedure and Minnesota law, authorizing entry onto land and the removal of property necessary to correct and abate the nuisance. Adopted by the City Council of the City of Andover on this 4th day of December. 2001. Attest: CITY OF ANDOVER ~~4~ lchael R. Gamache - Mayor ~;)~ Victoria V olk -City Clerk 2 " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 245 AN ORDINANCE REGULATING ADANDONED, WRECKED, JUNKED, PARTIALLY DISMANTLED, OR INOPERATIVE VEHICLES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. PURPOSE. The accumulation and storage of abandoned, wrecked, junked, partially dismantled, or inoperative vehicles within the City of Andover is hereby found to create a condition which reduces the value of private property, invites plundering, creates fire hazards, attracts vermin, and constitutes an attractive nuisance creating a hazard to the health and safety of the public. The accumulation and outside storage of such vehi.des is determined to be of the nature of rubbish, litter and unsightly debris, which adversely affects the health, safety and general welfare of the community. Therefore, the accumulation and storage of such vehicles on public or private property is hereby declared to constitute a public nuisance which may be abated as provided herein or as provided under any other ordinance of the City of Andover. SECTION 2. DEFINITIONS. The following definitions and terms shall apply in the interpretation and enforcement of this ordinance. A.l2andoned Motor Vehicle a motor vehicle, as defined by Minnesota Statutes, Section 169.01, which has remained for more than forty-eight (48) hours in a condition described by one of the following: a) on public property in violation of either the Minnesota State Statutes or City ordinance, b) on private property without consent of the person in control of the property, c) disabled, d) without license plates conspicuously displayed thereon, or 1 e) with license plates which have an expiration date more than ninety (90) days prior to the date of inspection. Disabled partially or completely dismantled or appearing either to be undrivable or to be lacking any ofthose parts of a motor vehicle which are essential to the functioning of the vehicle, including but not limited to, the motor, drive train, and wheels. O(ficial Newsoaoer the newspaper adopted by the City Council on an annual basis for which public hearings and notices are published to inform the general public. Private Prooerty provided. All property not defined as public herein Public Property Property in control of any government or its agencies. The trave1edportion ofa ~treet for the purpose of this ordinance is not public property, but that portion of the right-oi-way between the traveled portion of a street and the adjacent property line is public property. Towing Contractor a person under contract by the City. SECTION 3. ABANDONED MOTOR VEHICLE -EXEMPTIONS. The following vehicles shall not be considered abandoned motor vehicles: 1. A classic or pioneer car, as defined in Minnesota Statutes, Section 168.10 provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions; 2. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage, or body shop which is licensed by the City of Andover; 3. A vehicle kept inside an enclosed garage or storage building; and 4. A vehicle which is registered to the owner or occupant of the property and which is being kept for repair on the property, provided that the vehicle is kept for no longer than ten (10) days in a disabled condition and is kept secure from entry and provided that only one (1) disabled vehicle may be kept on the property at any given time. 2 SECTION 4. ALLOWING AN ABANDONED MOTOR VEHICLE ON PROPERTY. No person in charge or control of private property, whether as owner, tenant, occupant, lessee or otherwise, shall allow an abandoned motor vehicle to remain on such property. SECTION 5. WARNING NOTICE. If the City determines that any person in charge or control of private property is in violation of any section of this ordinance, the City shall serve upon said violator a ten (10) day warning notice specifYing the following: the nature of the violation in detail, the penalty for the continued violation, and such action that is necessary to con-ect the violation. The notice shall further state that if the violation is not corrected, the matter will be brought before the City Council at a hea...ring for declaration of nuisance and order for abatement. Said hearing shall not be held sooner than twenty (20) days following notice of warning. The hearing notice shall be distributed to all abutting property owners of said property in violation, in whkh such notice shall specify the date, time and place of said hearing. AllY violator who is served with a ten (lO)day warning notice, as mentioned above, who responds by moviag theo item(s) which is in violation to a new location within the City limits which is also in violation oftheordinance, shall be considered to be in continued violation, and the original ten (10) day warning notice grace period shaH continue to run in the same manner as if the violator had not moved the item(s) from the original location. SE.~CTION 6. DECLARATION OF NUISftNCE. ODER FOR, ~BATEMENT AND INJUNCTION. Following a hearing as provided for in Section 5, and a finding of a violation of the ordinance, the City Council may declare the property to be a nuisance and order abatement. The order for abatement shall direct that an application for injunction be made to the district court, or other court of competent jurisdiction, pursuant to the Minnesota Rules of Civil Procedure and Minnesota law, authorizing entry onto land and the removal of property necessary to con-ect and abate the nuisance. SECTION 7. NOTICE OF TAKING. Following a court order for abatement, the Police/Sheriffs Department shall give notice to the property owner or owner of said abandoned vehicle of the taking. 3 The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle and the place where the vehicle will be held, shall inform the owners and any lienholders of their right to reclaim the vehicle under Section 12 and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all right, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to Section 13. The notice shall be sent by mail to the registered owner, ifany, of the abandoned motor vehicle and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in the offIcial newspaper of the City. SE_CTION_8. ENTRY ON PUBLIC AND PRIVATE PLACES. The City Administrator or its duly authorized agents, with a court order, may enter upon aH pubiic and private places at any reasonable time for the purpose of enforcing this ordinance. SECTLQN 9. VEJnCLj)~;t..:TO Bf;~TA.._GG]:D. Any vehicle ordered impounded by the City of Andover under this ordinance shall immediately be tagged for identification by the City Administrator or duly authorized agents, such tag shall show the disposition of the vehicle ordered by said City Administrator or duly authorized agents, and the reason for which impounded. The tag shall be delivered to the towing contractor with the tow sheet. SECTION 10. CUSTODY OF ABANDONED VEHICLES. The City Administrator, towing contractor, or other authorized persons are hereby authorized to remove or have removed any motor vehicles left at any place within the City which is in violation of this ordinance, or is lost, stolen or unclaimed. The impounding and taking into custody of a motor vehicle pursuant to this ordinance shall be done with the assistance of an Anoka County SheriffJPolice Officer. A Sheriff/Police Officer, City Administrator or its duly authorized agents may enter upon private property, after a hearing and the issuance of a court order, at all reasonable hours for the purpose of inspecting and removing such vehicle, and it shall be unlawful for any person to prevent a Sheriffi'Police Officer, City Administrator or its duly authorized agents from entering on private property for 4 the purposes of canying out their duties hereunder or to interfere with himlher in the lawful performance of his /her duties. SECTION 11. REPORT OF SHERIFF/POLICE OFFICER. The SheriffJPolice Officer or other authorized person directing the impounding of any vehicle shall prepare a written report of the description of such vehicle, such report shall, among other things, include the following: 1. Make of vehicle. 2. License number and expiration date. 3. Color of vehicle. 4. Number of tires. 5. Tools and other separate articles of personal property. 6. General description of the car with regards to condition, damaged parts, and other such information as may be necessary to describe adequately the vehicle and property delivered to the towing contractor. A copy of such report, signed by the City Administrator or its duly authorized agents, shall be delivered to the towing contractor at the time of impounding. The towing contractor shailcheck SUdl report, ,md his/hersignature thereon shall be considered a receipt for the vehicle and property described in said report. The original and om.~ (1) copy of said report and the towing contractor's receipt shall be filed at Andover City HalL SECTION 12. ___:B.IGHT TO REC!AIM. The owner or any lienholder of an abandoned motor vehicle shaH have a right to reclaim such vehicle from the City of Andover upon payment of all towing and storage charges resulting from taking the vehicle into custody withi...'l fifteen (15) days after the date of the notice required by Section 7. Nothing in this ordinance shall be construed to impair any lien of a garagekeeper under the laws of this state or the right of a lien holder to foreclose. For the purposes of this section, "garagekeeper" is an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. 5 SECTION 13. PUBLIC SALE. An abandoned motor vehicle taken into custody and not reclaimed within thirty (30) days by the owner and sold to the highest bidder at a public auction or sale following reasonable published notice thereof, the owner shall be given a receipt in a form prescribed by the agency which shall be sufficient title to dispose the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. From the proceeds of the sale of an abandoned motor vehicle, the City of Andover shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all notice and publication costs incurred pursuant to this ordinance. Any remainder from the proceeds of a sale, if unclaimed, shall be deposited in the state treasury . SECTION 14. PENALTY. Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of such property, or who violates any provision of this ordinance shall be guilty of a misdemeanor as defmed by statf~ law. Adopted by the City Council of the City of Andover on this 6th day of.October, 1998. ATTEST: CITY OF ANDOVER U~t!db Victoria V olk, City Clerk f f. #1~J(;~ viE. McKelvey, May 6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ( ORDINANCE NO. 245 SUMMARY AN ORDINANCE REGULATING ABANDONED, WRECKED, JUNKED, PARTIALL Y DISMANTLED, OR INOPERATIVE VEIllCLES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 262. Policy The purpose of this ordinance is to regulate abandoned, wrecked, junked partially dismantled, or inoperative vehicles by a process which involves notification to the property of a violation by staff, a hearing process before City Council, if necessary, and a court order, if needed to remove said vehicle ifcomplia...'lce with the ordinance is not met. Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or authorized agents shall have the responsibility to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair ai'1Y existing easements, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 20th day of October, 1998. ATTEST: CITY OF ANDOVER iLb ~, Victoria Volk, City Clerk g.tM~.~~ . E. McKelvey, Mayor