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Home My WebLink About2008-03 03-24 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of March 2008 at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance regulating inoperable and junk vehicles. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2008-03 AN ORDINANCE RELATING TO 1NOPERABLE AND JUNK VEHICLES; AMENDING CITY CODE SECTIONS 19-1301 THROUGH 19-1307 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAlN AS FOLLOWS: Section 1. Brooklyn Center Code Sections 19-1301 through 19-1307 are amended, and new Section 19-1304.5 is added as follows: Section 19-1301. INTENT AND CONSTRUCTION. The collection of unused and unusable motor vehicle bodies, parts, engines and related accessories having become a common occurrence in the community, and such collection having become a source of danger to S the physical and mental well being of children and adults within the community, and such collection having become a visual bli�ht and source of concern and complaint by citizens of the community, this vehicle ordinance is enacted for the purpose of prohibiting the collection and maintaining of such motor vehicle bodies, parts, engines and related accessaries. Nothin� in Sections 19-1301 throu�h 19-1307 is intended to restrict the abatement of abandoned vehicles as re�ulated in Citv Code Section 19-1001 or the towin� of ille�allv narked vehicles under Citv Code Section 27-121. Section 19-1302. DEFINITIONS. The following words and terms are defined as follows: a. PERSON: D°r°�� aAny natural person, propertv owner, tenant. occut�ant, lessee, firm, association, partnership or corporation, and agent of any of the aforesaid, except duly licensed new and used car dealers, while engaged in the lawful operation of their business. b. IMPOLTND: To take and hold a vehicle in le�al custodv. c. 1NOPERABLE OR JUNK VEHICLE: T�k�c�,�� Any �e� vehicle that�s does not have a current vehicle license� for operation within the State of Minnesota'�•� c*�*° �f "�;^n°�; e�e� iA 1 v cirS 1••, �vttt�. .;+1,;,�. �L.�� uiui OT' P P YTi �°7��, that� is not in operable condition; or that is nlaced on iacks, blocks or ORDINANCE NO. 2008-03 other su�ports; or that�� is partially dismantled; or that�iek is used for sale of parts, or as a source of repair or replacement parts for other vehicles; or that� is kept for scrapping, dismantling, or salvage of any kind; or that is otherwise in a condition that renders it unlawful to onerate on public streets in the State of Minnesota. d. VEHICLE: Anv vehicle. motor vehicle, semi-trailer, or trailer as defined in M.S. 169.01, as it mav be amended from time to time, includin� nioneer. classic collector and street rod vehicles, demolition vehicles, race cars or anv machine or eauinment nronelled bv bower other than human power, desi�ned to travel alon� the eround bv use of wheels, treads, runners or slides and transbort bersons or pronertv or pull machinerv. It also includes, without limitation, automobile, truck, trailer, motorcvcle and tractor. Section 19-1303. PARKING AND STORAGE. ��*�t�°°�° C°�+;�r ,�4 n�No person shall park, keep, place or store, or permit the parking or storage of an inonerable or iunk vehicle on a public street, e� alley, or nublic pronertv in the Citv for more than 6 hours or on any private lands or premises in the citv for lon�er than 48 hours �«m�, a�:.•�~�°�, �r with the followin� excentions: a. �s the vehicle �e is located within an enclosed building on such premises; or b. the vehicle is located on the nremises of a business enternrise onerated in a lawful nlace and manner. when necessarv to the oneration of such business entemrise; or c. the vehicle is located in an annronriate stora�e blace or denositorv maintained in a lawful nlace and manner bv the citv. z4��ia�°'"�e� �—cen�E�ar�e�iic�,� a��a ..oi.,;,.io� o 00 o,a �„i.,• i.., o ,,,.o ♦VlaaviVU �A�1V UVlVV11Vl111V Section 19-1304. STORAGE OF PARTS, ENGINES, AND RELATED ACCESSORIES. No person shall store or keep parts, engines and related accessories on a public street or alley or on any private lands or premises in the citv �'�c�i �"m�, such parts, engines, and related accessories are kept or stored within an enclosed building in comnliance with citv codes. Section 19-1304.5. ABATEMENT OF AN INOPERABLE OR JLTNK VEHICLE. A vehicle found in violation of Section 19-1303 is considered a public nuisance and mav be imnounded bv the Citv Mana�er or the Mana�er's desi�nated a�ent. Vehicles that are in violation of Section 19-1303 onlv bv reason of failure to be nronerlv licensed will not be imbounded unti190 davs after exniration of the vehicle's license. ORDINANCE NO. 2008-03 a. Notice and hearin�. Before imnounding a iunk vehicle or inonerable vehicle, the Mana�er or desi�nated a�ent must �ive 10 davs' written notice throu�h service bv mail, bv nostin� a notice on the bronertv, or bv nersonal deliverv to the owner of, or berson in control of, the brobertv on which the vehicle is located. When the nrobertv is occupied, service upon the occunant is deemed service ubon the owner. Where the propertv is unoccubied or abandoned, service mav be bv mail to the last known owner of record of the bronertv or bv nostin� on the nropertv. The notice must state: (11 A descrintion of the vehicle; (21 That the vehicle must be moved or bronerlv stored or otherwise brou�ht into comnliance with Section 19-1303 within 10 davs of service of the notice; (31 That if the vehicle is not removed or nronerlv stored or otherwise brou�ht into comnliance with Section 19-1303 as ordered, the vehicle will be towed and imbounded at an identified location; (41 That the vehicle mav be reclaimed in accordance with the procedures contained in M.S. §168B.07 or disposed of in accordance with M.S. �168B.08; (51 That the bronertv owner is resnonsible for anv costs associated with the abatement, includin� anv administrative fees; and (61 That the owner of the vehicle or the owner of or nerson in control of the propertv on which the vehicle is located mav make a reauest in writin� for a hearin� before the Citv Mana�er or the Mana�er's desi�nated a�ent. b. Hearing. action. If a hearins is reauested durin� the 10-dav beriod, the Citv Mana�er or the Manaeer's designated a�ent must nrombtiv schedule the hearins, and no further action on the towin� and imnoundment of the vehicle mav be taken until the Citv Mana�er's decision is rendered. At the conclusion of the scheduled hearin�, the Citv Mana�er or the Manaeer's designated a�ent mav (11 cancel the notice to remove the vehicle; (2) modifv the notice; or (31 affirm the notice to remove, snecifvin� the date bv which the vehicle must be removed. If the notice is modified or affirmed. the vehicle must be disnosed o� in accordance with the written order of the Citv ManaEer or the Mana�er's designated a�ent. c. Imnounding nrocedures. The imnounded vehicle will be surrendered to the owner bv the towin� contractor onlv upon navment of the reauired imbound. towing and stora�e fees. Vehicle imboundin� will be conducted in accordance with M.S. Ch. 168B, eovernin� the sale of abandoned motor vehicles. ORDINANCE NO. 2008-03 d. Assessment of administrative costs. The citv costs of abatement shall be a lien against the real estate on which the nuisance existed and mav be levied and collected as a snecial assessment in the manner provided bv M.S. 429.101. All the nrovisions of M.S. 429.101 are incomorated bv reference. Section 19-1305. CONSTRUCTION AND APPLICATION. Nothing in t�s e�e Sections 19-1301 throu�h 19-1307 shall be construed to permit any act prohibited by any other ordinance, statute, or rule of law. Section 19-1306. SEPARABILITY. Should any section, subdivision, clause, or other provision of Sections 19-1301 throu�h 19-1307*'��° �r��°^^° be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of Sections 19- 1301 through 19-1307*'�° �ra�r�H�°� as a whole nor of any part thereof other than the part so declared to be invalid. Section 19-1307. PENALTY. Any person violating the provisions of Sections 19-1301 throu�h 19-1307�i� ��e, upon conviction, shall be �uiltv of a misdemeanor.,,,,,;��,oa �;,,o v o „a �e, nnn� ,i „t v oo,a �o��, rom t,,.+i. +,.,.o�t,o,. ,:�t, .t,o „�.,,.,,�v,.,,+;,,., 11V Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 24th day of March, 2008. L..�/ �=-'�:�'L�x°'t" Mayor ATTEST: Ci y Clerk Date of Publication: Apri13, 2008 Effective Date: May 3, 2008 (�l�ee�t� indicates matter to be deleted, underline indicates new matter.) i