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HomeMy WebLinkAbout2008-03 03-06 AP C �t of Brookl n Center Section 19-1304.5. ABATEMENT OF AN INOPERA- Y Y BLE OR JL1NK VEHICLE A vehicle found in violaTion of (Official Publication) Section 19-i 303 is c;onsidered a ouhlir. nuisanc.e and mav CITY OF BROOKLYN CENTER be imoounded by the City Manaaer or the Manaaer's des- Notice is hereby given that a public hearing will be held on innated aaent. Vehicles that are in violation of Section 19- ��»iit««:?<:>'s:' the 24th day ot March 2008 at 7:00 p.m. or as soon there- 1303 onlv hv reasnn of failure to he nronPrly lir.ensed will �'����g�;�, after as the matter may be heard at City Hall, 6301 Shin- not De imnounded until 90 davs aRer exniration of the ve- gle Creek Parkway, to consider an ordinance regulating in- hicle's lir.ense. ne�spap►ers operable and junk vehicles a Nntice and hearina Before imnoundina a iunk vehi- Auxiliary aids for handicapped persons are available upon cle or inonerable vehicle. the Manaaer or desianated request at least 96 hours in advance. Please notify the apent must aive 10 davs' written notice throuah ser- AFFIDAVIT OF PUBLICATION City Clerk at 763-569-3300 to make arrangements. vir.e hv mail. hv nnstinn a nofir.e on me nronertv. or bv nersonal deliverv to the owner of. or oerson in control ORDINANCE NO. of. the orooertv on which the vehicle is located. When STATE OF MINNESOTA AN ORDINANCE RELATING TO INOPERABLE AND The nronertv is or.r.unied, service unpn the occunant SS. JUNK VEHICLES; AMENDING CITY CODE SEC- is deemed service uoon the owner. Where the nroo- COUNTY OF HENNEPIN TIONS 19-1301 THROUGH 19-1307 ert� is unoccuoied or abandoned. service mav be bv maii To the last known owner of record of the nroner- THE CITY COUNCIL OFTHE CITY OF BROOKLYN CEN- t�{ or bv oostina on the nr�nerty.The noTice musT sTafe Richard Hendrickson, being duly sworn on TER DOES ORDAIN AS FOLLOWS: (11 A descriotion of the vehicle: an oath, states or affirms that he is the Chief Section 1. Brookl n Center Code Sections 19-1301 �2� Thar me vehic�e must he moved or nrooer��stored y or otherwise brouaht inro comoliance with Seciion Financial Officer of the newspaper(s) known through 19-1307 are amended, and new Section 19- 19-1303 wiThin 10 davs of servir.e of The noTir.e: 1304.5 is added 8S follows: (31 That if ihe vehir.le is not �pmnved or ❑rnoe�lv aS Sec i n 19-1301 INTENT AND CONSTRUCTION. stored or otherwise brouaht into comoliance with Brooklyn Park, Brooklvn Center Sun-Post The collection of unused and unusable motor vehicle bod- Section 19-1303 as ordered. the vehicle will be ies, parts, engines and related accessories having be- towed and imnounded at an ideniified lor.ation: come a common occurrence in the community, and such 141 That The vehicle mav he reclaimed in acc:ordance collection having become a source of danger to the phys- with the orocedures contained in M.S. §16SB.07 and has full knowledge of the facts stated ical and mental well being of children and adults within the or diso�sed of in ar.r.ordance with M.S. community, and such collection having become a visual &16AB.OA: be�OW: bliaht and source of concern and complaint by citizens of /51 That the orooertv owner is resnonsi6le for anv (A) The newspaper has complied with all of the community this vehicle ordinance is enacted for the cnsts assor.iated witn tne abatemenT includinn purpose of prohibiting the collection and maintaining of anv administraTivP fees: and the requirements constituting qualifica- sUCn motor �en�oie bod�es parts, engines and related ac (61 That the owner of the vehicle or the owner of or tIOCI aS a C�U�lllfl@Cf C18WSpap@I" aS pl'OVICI- cessories. Nofhina_ in Sections 19-1301 throuah 19-1307 nerson in rnntrol nf the orooertv on which ihe ve- is inTended tq resYrir.t The ahatamant nf ahandnnpd vehi- hicle is located mav make a reouest in writina for ed by Minn. Stat. §331 A.02 §331 A.07 cles as reaulated in Citv Code Section 19-1001 or the tow- a hearina before the Citv Manaaer or the Manaa- and other applicable laws as amended. �n� �f illenaliv oarked VP.IIICIP.S „n�Pr c�r� c�aP sP�f�on Pr's aPS��narPa a�Pnt. B The rinted ublic notice that is attached 2� 12�' h Hearina. acTion. If a hearina is reauested durina the P p 10-dav perind. The Citv Manaaer or The Manaaer's was published IIl said newspaper(s) Sectinn 19-1302 DEFINITIONS. Thefollowingwords dasianated apent musf �rnmotiv sr.hedule the hear- and terms are defined as follows: ina. and no further action on the towino and im- once each week, for One SUCC@SSN@ a. PERSON: Aecs=- aAny natural person, r Op_ noundment of the vehicle mav be taken until the Citv week(s); it was first published on Thurs- P�r� nwner tenant ocr.unant lessee firm associa- Mana�er's decision is rendered. AT the conr.lusion of da th0 6 da Of March tion, partnership or corporation, and agent of any of the scheduled hearina. the Citv Manaaer or the Marn y y the aforesaid, except duly licensed new and used car aaer's desianated aaent may (11 cancel the notir.e fo 20�8 and was thereafter printed and dealers, while engaged in the lawful operation of their remnve the vehir.le: /2) modify ihe nniice: nr (31 affirm ublished on ever Thursda t0 aIICI Ifl- business. the notice to remove. soecifyina ihe date bv which the p Y y b. IMPOUND: To take and hold a vehicle in leaal cus- vehicle must be removed. If the notice is modified or cluding Thursday ih@ C�a�/ Of t� affirmed the vehicle must be disoosed of in ar.r.or- 2�08 and rinted c. INOPERABLE OR JUNK VEHICLE: �e�itE1= dance with the written order of ihe Citv Manaaer or p aAny aaeFex vehicle that�s does not have a cur- the Manaaer's desianated aaent. belOw IS a COpy Of the lOwel' Case alpha- rent venir.�a �eye�ly licensed for operation within the c_ �mnoundino orocedures. The imnounded venir.�e wiu bet from A to Z, both inclusive WhICh IS State of Minnesota er�ae� be surrendered to the nwner bv the towina r.onTractor only uoon oayment of the reauired imoound. towino hereby acknowledged as being the size or thatw�iieH is not in operable condition; and storaae fees. vehic�e imnoundina wiu he ron- and kind of t e used in the com OSItIOII �r that is qlaced on iacks. blocks or other su000rts; or �i��ted in ar.r,ordance with M.S. Ch. 168B. aovernina yp p thatwl�isH is partially dismantled; or thatv,�4�is4� is used the sale of abandoned motor vehicles. BCId pUbIICa110n Of the fIOtICe: for sale of parts, or as a source of repair or replace- AssPSSment of administrative costs. The r.iiv r.osts of ment parts for other vehicles; or thatwla+sEi is kept for abatement shall he a lien aaainst the real estaTe on abcdefghijklmnopqrstuvwxyz scrapping, dismantling, or salvage of any kind; or that which the nuisance existed and mav be levied and col- is otherwise in a cnndition ihat renders it unlawful to lected as a sner,ial assessment in The manner qrovid- ooerate on oublic streets in the State of Minnesota. P� hY M.S. 429.101. All the nrovisions of M.S. 6 d. VEHICLE Any vehicle_ motor vehir.le. semi-irailer. or 429.101 are incoroorated bv reference. trailer as defined in M.S. S 1R9_01_ as ii mav be amended from time to time includinn nioneer_ classic Section 19-1305. CONSTRUCTION AND APPLICA- collector and street rod vehides. demolition vehir.les. TION. Nothing in Fla+�-e�at�ee Sections 19-1301 BY ,G� race r.ars or anv machine or enuinmant nronPlled b� throuqh 19-1307 shall be construed to permit any act pro- opwer other than human nower. desinned to travel hibited by any other ordinance, statute, or rule of law. CFQ alona the pround hv use of wheels. ireads. runners or Ser.tion 19-1306. SEPARABILITY. Should any sec- slides and iransnnrt narGnns nr nr�nerty nr null ma- tion, subdivision, clause, or other provision of Sections 19- chinerv. It also includes. without limitation. automo- 1301 ihrouoh 19=1307F`.:� :,;:;itia+�se be declared by a bile. truck. trailer. motorr,vcle and tractor. court of competent jurisdiction tobe invalid, such decision Subscribed and sworn to or affirmed Section 19-1303. PARKWG AND STORAGE. �{:Ft?-F�e shall not affect the va!idity of Sections 19-1301 Throuah 19-1307Nae-er�liaaases as a whoie nor of any pari there- before me on this 6 Clay Of of other than the part so declared to be invalid. Mareh 2008. #ea-#�8-38 wNo person shall park, keep, place or store, Section 19-1307 PENALTY. Any person violating the or permit the parking or storage of an inooerahle or iunk provisions of Sar.tions �9-i3m Thra�nh �q-i307�.iis.erd�. vehicle on a public street, ec alley or publir. Dronertv in the 1 upon conviction, shall be quiltv of a misde- CiTV for more than 6 hours or on any pnvate lands or meanor .n premisC'S in The cdv for Innaar ihan 4S hours wFiFe�i-He ����.�f with the followina exceotions. a. aaless the vehicle speA-He is located withm an en- I Notary P UbIIC Nosed building on such premises; or Section 2. This Ordinance shall become effective C b. the vehicle is located on ihe nremises of a husiness after adoption and upon thirty (30) days following its legal w h enterorise oneraied in a lawful qlace and manner. publication. when ner.essaro in The ooeration ot such business an- pdopted this day of 2008. terorise: or MARY ANN CARLSON c. the vehicle is located in an anqronriate storaae nlar.e NOTARYPUBLIC-MINNESOTA or de�ository maintained in a lawful nlar.e and man- Mayor MY COMMISSION EXPIRES 131-09 ner hv the citv. ATTEST: City Clerk Hr„ Date of Publication: Effective Date: 3 (St�+lcee� indicates matter to be deleted, underline indi- Section 19-1304. STORAGE O� PARTS, ENGINES, cates new matter.) AND RELATED ACCESSORIES. No person shall store (Mar. 6, 2008) p1-Junk Inop Vehicles or keep parts, engines and related accessories on a pub- lic street or alley or on any private lands or premises in the c� wliiek-�e-ew.,e unless such parts, engines, and related accessories are kept or stored within an enclosPd building in comoliance with citv codes.