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HomeMy WebLinkAbout2008 10-21 HCA AGENDA BROOKLYN CENTER HOUSING COMMISSION October 21, 2008 7:00 p.m. CounciUCorrunission Room Brooklyn Center City Hall 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes May 20, 2008 and June 17, 2008 5. Welcome New Cornnussion Member Gretchen Knutson 6. Chairperson's Report 7. Council Liaison Report 8. Review Housing Cominission 2008 Accomplisllments to Date 9. Identify Goals for Remainder of 2008 10. Review Abandoned Vehicles Ordinance Provisions (see attached ordinance sections 2-103 and 19-103) 11. Other Business 12. Adjournment: 8:30 PM CHAP'TER 2- ABANDONED AND UNCLAIlVIED PROPERTY Section 2-101. DEFINITIONS. a. "Abandoned Property" means property that, after appropriate notification to the property owner, the owner fails to redeem, or property to which the owner relinquishes possession without reclaiming the property. b. "Unclaimed Property" means property lawfully coming into the possession of the City and remaining unclaimed by the owner. Section 2-102. DISPOSITION OF ABANDONED AND UNCLAIlVIED PROPERTY. a. Procedure. Except for vehicles impounded pursuant to 2-103, et seq. of this Chapter, all abandoned and unclaimed property will be disposed of as provided in this section, which is adopted pursuant to M.S. §471.195, as it may be amended from time to time. b. Storage. The department of the city acquiring possession of the abandoned or unclaimed property will arrange for its storage. If city facilities are unavailable or inadequate, the department may arrange for storage at a privately-owned facility. c. Claim by Owner. The owner may claim the abandoned or unclaimed property by exhibiting satisfactory proof of ownership and paying the city any storage or maintenance costs incurred by it. A receipt for the abandoned or unclaimed property must be obtained upon release to the owner. d. Sale. After the abandoned or unclaimed property has been in the possession of the City for at least 60 days, the property may be sold to the highest bidder at a public auction or sale or by a private sale through a nonprofit organization that has a significant mission of community service. The City Manager or the City Manager's designee may decide whether the sale will be public or private. If the sale is to be by public auction, the City shall give ten days' published notice describing the abandoned or unclaimed property found or recovered and to be sold, and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper 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 application and furnishes satisfactory proof of ownership within six months of the sale, the former owner will be paid the proceeds of the sale of the abandoned or unclaimed property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. City of Brooklyn Center 2-1 City Ordinance i Section 2-103. ABANDONED VEHICLES. a. Incorporation of State Statute. M.S. Chapter 168B, and Minn. Rules Chapter 7035, as they may be amended from time to time, are hereby adopted by reference. Except as provided in Section 2-105 of this Chapter, the disposition of abandoned vehicles shall be governed by M.S. Chapter 168B. b. Additional Findings. The City finds that, in circumstances involving certain health and safety concerns, it is necessary to apply more stringent regulations than those contained in M.S. Chapter 168B. Accordingly, the City adopts the following additional regulations in Sections 2-104 and 2-105. I I Section 2-104. VIOLATION TO ABANDON MOTOR VEHICLE. A person who abandons, parks, keeps, places or stores any junk vehicle or inoperable vehicle on any public, or on any private property without the consent of the person in control of the property is guilty of a misdemeanor. Section 2-105. AIJTHORITY TO IlVIPOLTND VEHICLES. a. Inoperable or junk vehicles on public property. No person shall park, keep, place, store or abandon any junk vehicle or inoperable vehicle on a public street, alley, or public property within the city. The City Manager or Manager's designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any inoperable or junk vehicle. b. Unauthorized vehicles. The City Manager, Manager's designee, or any peace officer employed or whose services are contracted for by the city, may take into custody and impound any unauthorized vehicle under M.S. 169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public locations for the indicated period of time: l. On a highway and properly tagged by a peace officer, four hours; 2. Located so as to constitute an accident or traffic hazard to the traveling public, as detern by a peace officer, immediately; or 3. That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours. c. Illegally parked vehicles. The City Manager, Manager's designee, or any peace officer employed or whose services are contracted for by the city, may take into custody and impound any vehicle that is illegally parked, the owner of which has been ordered to remove it. City of Brooklyn Center 2-2 City Ordinance d. Vehicles impeding road or utility activities. The City Manager, Manager's designee, or any peace officer employed or whose services are contracted for by the city, may take into custody and impound any vehicle that is impeding, obstructing, or interfering with the repair, construction, or maintenance activities of public utilities or public transportation. Except in an emergency situation, reasonable notice must be given to the vehicle owner or user of such activities. e. Vehicles obstructing traffic or emergency response. The City Manager, Manager's i designee, or any peace officer employed or whose services are contracted for by the city, I may take into custody and impound any vehicle, whether occupied or not, that is: (1) i f an rdinance or state statute• 2 found stopped, standing, or pazked in violation o o reported stolen; or (3) impeding firefighting or other emergency activities, snow removal or plowing, or the orderly flow of traffic. f. Notice and hearing. 1. The notice and hearing requirements in this paragraph do not apply to vehicles described in Section 2-105(a) (e). 2. Before impounding a junk vehicle or inoperable vehicle, the Manager or authorized designee must give 10 days' written notice through service by mail, by posting a notice on the property, or by personal delivery to the owner of or person in control of the property on which the vehicle is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the property. The notice must state: a) A description of the vehicle; b) That the vehicle must be moved or properly stored within 10 days of service of the notice; c) That if the vehicle is not removed or properly stored as ordered, the vehicle will be towed and impounded at an identified location; d) That the vehicle may be reclaimed in accordance with the procedures contained in M.S. §168B.07 or disposed of in accordance with M.S. 168B.08; and e) That the owner of the vehicle or the owner of or person in control of the property on which the vehicle is located may in writing request a hearing before the City Manager or authorized designee. City of Brooklyn Center 2-3 City Ordinance CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES I NUISANCES GENERALLY Section 19-101. PUBLIC NLTISANCE DEFINED. Whoever, by act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth herein: 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of inembers of the public; or 2. Interferes with, obstructs, or renders dangerous for passage, public streets, highway or right of way, or waters used by the public; or 3. Is guilty of any other act or omission declared by statutory law, the common law, or this ordinance to be a public nuisance, whether or not any sentence is specifically provided therefor; or 4. Permits real property under his or her control to be used to maintain a public nuisance or rents the same, knowing it will be so used. Section 19-102. DEFINITIONS. The following words, when used in this ordinance, shall have the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of ineat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 19-103. PUBLIC NLJISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. City of Brooklyn Center 19-1 City Ordinance 3. Garbage not stored in rodent free and fly-tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. 4. Accumulations of rubbish as defined herein. 5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare, or which is contraband within the meaning of state or federal laws. 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of inembers of the public. 10. The public exposure of persons havmg a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front-end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck-tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: City of Brooklyn Center 19-2 City Ordinance a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually making a pickup I I or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconfornung within the meaning of Section 35-111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. 13. The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, the must be arked or stored on an Y P authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19- City of Brooklyn Center 19-3 City Ordinance 1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. b) �Materials, supplies, equipment other than construction or fann equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. c) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. Section 19-104. LIlVIITATIONS ON KEEPING OF ANIlVIALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: L More than two (2) dogs exceeding six months of age unless a private kennel license was issued prior to April 23, 2001, as set forth in Chapter 1 of the Brooklyn Center City Ordinances. 2. More than three (3) cats exceeding six months of age. 3. Any combination of more than five (5) animals exceeding six months of age. 4. Horses, cows, sheep, pigs, goats, swine, mules, llamas, or other hoofed animals, chickens, ducks, geese, or other agricultural animal or domestic fowL 5. Live wild animals, reptile, ar fowl, of types that are not naturally tame or gentle but are of a wild nature or disposition that, because of their size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals include, but are not limited to, bears, lions, tigers, jaguars, leopards, bobcat, cougars, cheetahs, lynx, ocelots, wolves, foxes, coyotes, dingoes, City of Brooklyn Center 19-4 City Ordinance