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Discussion regarding possible Nuisance Code Amendments February 26, 2001 Page 2 Discussion: Minn. State Statute § 168B.101 Subd. 2 allows units of local government to adopt ordinances and regulations to control the matter of unauthorized vehicles in accordance with Minn. Statutes § 168B.01 to 168B.101. However, the ordinances and regulations cannot be less stringent than the provisions in Minn. Statutes § 168B.01 to 168B.101. Since Minn. Statute § 168B.04 gives units of government and peace officers the authority to take into custody and impound unauthorized vehicles, the City is authorized to impound these vehicles without obtaining a judicial determination, (see the attached letter from Kennedy and Graven for further information on this) as long as the local ordinances are not less stringent that the statute. Currently, Section 607.06 Subd. 7a of the Mounds View Code addresses the abatement of vehicles. Section 607.06 Subd. 7a authorizes any police officer or other duly authorized person to immediately order any vehicle constituting a public nuisance to be immediately removed and/or impounded, while section 607.08 Subd. 1 addresses property abatement proceedings in general. Currently, there is no reference in the enforcement section of the Nuisance Code as to the exact procedure for the abatement of vehicles that are considered a public nuisance. However, section 607.06 Subd. 7b of the Code, which addresses the notice and sale of any vehicle impounded, does reference the entire Minn. Stat. § 168B, governing the sale of abandoned motor vehicles. Under the provisions in section 607.08 Subd. 3 of the nuisance code, the owner or other responsible party of the property on which a nuisance has been abated by the City is responsible and personally liable to the City for the cost of abatement. Section 168B.07 of State Statutes provides the owner of a impounded vehicle the right to reclaim such vehicle from the unit of government or impound lot operator upon the payment of all towing and storage charges. Thus, the City would not have to initially pay the abatement expenses and then bill the property owner. Recommendation: Authorize staff to research the matter further and draft an ordinance that strengthens the existing nuisance code provisions regarding the abatement of vehicles which constitute a public nuisance. Jeremiah Anderson Housing/Code Enforcement Inspector Attachments: 1. Chapter 607 (Nuisances) 2. Letter from Kennedy and Graven Dated July 31, 2000 3. Minnesota State Statute 168B