HomeMy WebLinkAbout2003-04 06-05 APSTATE OF MINNESOTA)
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun -Post and has full
knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Thursday, the 5 day of
June
ss.
newspapers
AFFIDAVIT OF PUBLICATION
2003, and was thereafter printed and published on every Thursday to and
including Thursday, the day of 2003; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and publication of
Subscribed and
No
his day
before me
j'LQ 20
0 or affirm
A
MERIDEL M. HEDBLOM
NOTARY PUpLIC•MINNESOTA
MY COMMISSION EXPIRES 141-2.305
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BY
CFO
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
e notice:
2.85 per line
6.20 per line
1.40 per line
City of Brooklyn Center
(Off icial Publication)
CITY OF BROOKLY CENTER
NOTICE OF ORDINAN ADOPTION
ORDI NANCE NO: 2003 -04
AN ORDINANC REPEALING CHAPTER 2 OF
T HE CITY ORDINANCES O TH E CITY OF
BROOKLYN CENTER AND ADOPTIN A N EW
N
ORD RE T IIE DISPOSITION OF
ABANDONED AND UNC PR
T IIE CITY COUNCIL OF THE CITYiOF BROOKLY
('ENTER DOES O R D AIN AS F OLL O WS:
Sect 1. Chapter 2 of the Ci ty O r dinances of th e (li
o r Brookl Center is hereby'rppealed its ent
Section 2. Chapter 2 of the City Ordinances of the ('ity
or Brooklyn Center is hereby :nnended.by adding the fol-
lowing new sections:
('II•.'TER A.A DOsED'A
PROPERTY
Section 2-101.: DEFINITIONS.
4, "Abandoned Property" means property that. after ap-
propriate notification to the property owner: the owner
fails to redeem or nrooerty to which: the owner relin
ouishes possession without reclaiming the property
Jncla' e P rt n to r I wf 11 n-
ing into the possession of the City and remaining un-
claimed by the owner
Section 2 -102 DISPOSITION OF ABANDONED AND
UNCLAIMED PROPERTY
a. Procedure. Except for vehicles impounded uursuant
to 1 2 -103. et seq" of this Chapter all abandoned and un-
laimed pr@t certywill be disposed of as p or vided in this sec
tion which is adopted nursuant to M.S. /471.195. as it may
be amended from time to time,
b.: Storage. The department of the city acuuiring Dosses-
mon of the abandoned or unclaimed property will arrange
for its storage. If city facilities are unavailable or inade-
a f *r, le may a for storage at a on
vately -owned facility
Claim by Owner. The owner may claim the abandoned
or unclaimed property by exhibiting satisfactory 'woof of
ownership and paying the city any storage or maintenance
costs incurred bv it. A receint for the abandoned or un-
claimed 'novelty must be obtained upon release to the
owner:'
d. Sale. After the abandoned or unclaimed property bag
been in the possession of the City for at least 60 days. the
proneoty may he sold to the highest bidder at a nublic auc-
tion or sale or bv a private sale through a nonprofit orga-
nization that has a significant mission of community ser-
vice. The City Manager or the City Manager's designee
may decide whether the sale will be nublic or private. If
the sale is to, be by nublic auction. the City shall give ten
days' published notice describing the abandoned or un-
claimed property found or recovered and to be sold and
wvecifyine the time and Place of the sale. The notice m st
be published at least once in a legal newsnaoer in the city.
E, Proceeds. The Proceeds of the sale will be placed in the general fund of the City. If the former owner makes ap-
plication and -furnishes satisfactory Proof of ownership
within six months of the pale. the former owner will be paid
the proceeds of the sale of the abandoned or unclaimed
property less the costs of storage and the nr000ttionate
sale,
Section 2-103. ABANDONED VEHICLES
a, Incorporation of State Statute. M.S. Chapter 16811
and Minn. Rules Chanter 7035. as they may be amended
from time to time. are hereby adopted by reference. Except
s r' %'e tiot -1 .fi
Lion of abandoned vehicles shall be governed by M.S,
Chapter 165B.
b Additional Findings. The City finds' that. in citcum-
s •,v..'r+ r .s Si h
necessary to apply more stringent regulations than those
co ntained in M.S, Chanter! 1688.' Accordingly. Cite
xlovts the following additional regulations in Sections 2-
104 and 2 -105.
Section 2 -104. VIOLATION TO ABANDON MOTOR VE-
HICLE. Aperson who `abandons. parks. keeps. places or
lic. or on any private property without the consent of the
person in cogt�ypl of the Di opei•ty. is guilty of a misde-
means:
Section 2-105. AUTHORITY T()' IMPOUND VEHICLES.'
a, In Terrible or iunk vehicles on nublic urouerty. No per-
son shall park. keep. Place. store or abandon any funk ve-
hicle or inoperable vehicle on a nubile street. alley. or pub
lic property within the city. The City Manager or Man-
ager's designee or any peace officer employed or whose set.
vices tie contracted for by the city may take into custody
and ii pound any inoperable or iunk vehicle.
b lJnauthm•izedvehicles.:The City Manager. Manager's
•designee. or any peace officer employed or whose services
are contracted for bv the city may take Una custody and
impound any unauthorized vehicle under M.S. 1169.041 as
it may be amended from time to time.` A vehicle'mav also
be intpoun.ed after it has been left unattended in one of
the following public locations for the indicated period of
lime:
L Un n highway and properly tagged by a peace office
four hours;
Z, Located so as to constitute an accident or traffic ha:
a•d to the trm eling public. as determined by a peace off
ser: immediately: or'
3 That is a parking facility or other public prover(
owned or controlled by a unit of eovernment,ptnperly Dos:
t'd. four hours
c. Illegally parked vehicles. The City Manager. Mai
seer's designee. or any pence officer employed or whos
services mrrontracted for by the city. may take into cut
1.odv and i mrwund any vehicle that is illegally parked. tit
owner of which has been ordered to remove it
d 1'ehicles impeding road or utility activities. The ('it
Manager: Manager's designee. or any Peace officer em
played or whose services are contracted foe by the city ma•
take into custody and impound any vehicle that is immed
obstructing. or interfering with the repair. construe
Lion. or maintenance activities of public utilities or publi.
1ransuortation. Except in an emergency situntinn. rest
suitable notice must be given to the vehicle owner or use
td such activities
e Vehicles obstructing traffic or emergency response
The City Manager. Manages designee. or anv peace of
or employed or whose eervices are contracted for bv t
city. may take into custody and impound any vehit
whether occupied or not. that is: (1) found stooped. star
jng. or parked in violation ofen ordinance or state state
(21 reported stolen: or (3) iu)neding firefighting or otb
emergency activities. snow removal or plowing. or the c
derlv flow of traffic,.
Notice and hearing,
1. The notice and hearing requiremes in this pal
graph: do not apply to vehicles described in Section
105(a) -de).
7 'Before impounding a junk vehicle or inoperable ve;
ale. the Manager or authorized designee must give 10 de
written notice through service by mail. bv posting a not
an the property.. or bv personal delivery to =the twner
person in control of the Property on which the vehirde f6
cupant is deemed service upon the owner. Where the prt
erty is unoccupied or abandoned. service may be by m
to the last known owner of record of the property or
posting on the property. The notice most state:
ai A description of the vehicle;
4i That the vehicle must be moved or properly stet
within 10 days of service of the notice;
si That if the vehicle is not removed or properly stored
ordered. the vehicle will be towed and impounded at
identified location:
dl That the vehicle may be reclaimed in accordance w
the procedures contained in M.S. 41688.07 or disposed
in accordance with M.S. 61688.08: and
el That the owner of the vehicle or the owner of or p
son in control of the property on which the vehicle is
sated may in writing request a hearing before the C
Manager or au orized designee.
3 'searing. action. If a hearing is requested dnrine
10 -day' period. the City Manager or authorized desigi
must promptly schedule the hearing. and no further act
on the towing and impoundment of the vehicle may
taken until the City Manager's decision is rendered.
the conclusion of the scheduled hearing. the City Man
er or_authorized designee may (1) cancel the notice to
move the vehicle: (2) modify the notice: or (3) affirm the
tice to remove. Tithe notice is modified or affirmed. the
ten order,
g, Impounding procedures. The impounded vehicle t
be surrendered to the owner by the towing contractor o
upon payment of the required "pound. towing and Si
age fees. Vehicle impounding will be conducted in act
dance with M.S. Chapter 168B. governing the sale of ah
Boned motor vehicle:},
Section 8.. This ordinance shall be effective after ad
tion and thirty days following its legal publication.
Adopted this 27th day of May 2003.
Mayor Myrna Kragness
ATTEST: City Clerk Sharon Knutson
Date of Publication: June 5, 2003
Effective Date: July 5,2003
Strikeout indicates matter to be deleted, underline
sates new matter.)
(June 5, 2003)PUOrd 2003 -04