HomeMy WebLinkAboutOrdinance 694
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ORDINANCE NO. 694
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 600, CHAPTER 607
OF THE MOUNDS VIEW MINICIP AL CODE, PERTAINING
TO NillSANCES
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 607 ofthe Mounds View Municipal Code is hereby amended with
additions underlined and deletions struck out to read as follows:
SECTION:
607.07:
607.08:
607.09:
Noise Control R-egulations Vehicles Constituting a Public Nuisance
Enforcement Noise Control Regulations
Enforcement
SECTION 2. Chapter 607 Section 607.01 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
RULES AND DEFINITIONS: When used in this Chapter, the following words and phrases shall
have the meanings ascribed to them:
Subd, 6. FRONT YARD AREA: All that area between the front property line and a line drawn
along the front face or faces of the principle structure on the property extended to the side
property lines. The front side of the property shall be determined as specified in Title 1100
of this Code,
Subd. 7, OCCUPANT: Any person living in or in control of any dwelling unit upon property
wherein a public nuisance has been identified.
Subd, 8, IMPROVED SURF ACE: A driveway or parking area constructed of asphalt, concrete,
brick or a parking area of gravel construction (according to Section 1121,09, subdivision 7
of this Code), (Ord, 620, 7-27-98)
Subd. 9. IMPROVED SURF ACE, PERMANENT: Permanent improved surfaces are those
constructed of asphalt, concrete or brick. (Ord, 620, 7-27-98)
Subd. 10. MOTOR VEHICLE OR VEHICLE: Any self-propelled device in, upon, or by
which any person is or may be transported or drawn upon a highway, public street, or
body of water. Includes any device drawn by a self propelled vehicle and vehicles which
are propelled by electric power, including vehicles which obtain power from overhead
trolley wires but are not operated upon rails, However, the following are specifically
excluded:
a. Trailers with weight classifications of A and B (0 - 1,500 lbs. and 1,501 - 3,000 lbs.,
respectively) as provided in Minnesota Statutes. (Ord, 620, 7-27-98)
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b. Manufactured, mobile, and trailer homes placed on a permanent pad located within a
properly zoned manufactured home district that are used for continuous living quarters,
c. Any vehicle moved solely by human power.
Subd. 1 L VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential to
the mechanical functioning ofthe vehicle, including but not limited to the motor, drive train,
and wheels. (Ord, 620, 7-27-98)
Subd, 12, ABANDONED VEHICLE: A motor vehicle that has remained outdoors on property
within the City for a period of more than 48 hours on public property or has remained for a
period of more than 48 hours on private property without consent of the person in control of
such property or in an inoperable condition, unless it is kept in an enclosed garage or storage
building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City
or to a moving contractor hired by the City for its removal. A classic car or pioneer car, as
defined in Minn. Stat. ~ 168.10 shall not be considered an abandoned motor vehicle within
the meaning of this Section. Vehicles held under police authority or pursuant to a writ or
court order are not abandoned vehicles, Vehicles on the premises of junk yards and
automobile graveyards that are defined, maintained, and licensed in accordance with Minn,
Stat. ~ 161.242 are not considered abandoned vehicles,
Subd. 13. INOPERABLE CONDITION: The vehicle has no substantial potential use consistent
with its usual function, and shall include a vehicle that: a) has a missing or defective part
that is necessary for the normal operation ofthe vehicle, or b) is stored on blocks or jacks
or other supports.
Subd. 14, JUNK VEHICLE: A vehicle that is located outdoors on property in the city that meets
any of the following:
a. Any motor vehicle that is in inoperable condition.
b. Any motor vehicle that is partially dismantled.
c, Any motor vehicle that lacks vital component parts.
d, Any motor vehicle that is not currently registered and properly licensed
for operation with and by the State of Minnesota.
Subd, 15. UNSAFE MOTOR VEHICLE: Any vehicle located outdoors on any property or public
street within the city in which any systems including braking, steering, suspension, electrical,
lighting, motor, and drive train are not functioning or a vehicle that cannot legally be operated or is
in violation of any state, federal or local vehicle equipment or safety regulation including, but not
limited to Minn. Statutes. ~ 169.468 to 169,75,
Subd. 16, MPCA or AGENCY: The Minnesota Pollution Control Agency.
Subd. 17. DEPARTMENT: The Minnesota Department of Public Safety.
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Subd, 18. REGISTERED OWNER: Any person, firm, association, or corporation, other than a
secured party, having title to a motor vehicle. If a vehicle is under lease for a term of 180 days
or more, the lessee is the registered owner if the application for renewal of the registration is sent
to the lessee.
Subd. 19. GARAGEKEEPER: An operator of a parking place or establishment, an operator of a
motor vehicle storage facility, or an operator of an establishment for the servicing, repair or
maintenance or motor vehicles,
Subd, 20. UNAUTHORIZED VEHICLE: A vehicle that is subject to removal and
impoundment pursuant to Section 607.07 Subd. 3 or Minn, Stat ~ 169.041 but is not a junk
vehicle or an abandoned vehicle.
Subd. 21. LEGAL RESIDENT: A person who is in control of any dwelling or dwelling unit and
said dwelling or dwelling unit is used for continuous living quarters. A person or occupant who
receives U.S mail at said dwelling or dwelling unit shall also be a legal resident of said dwelling
or dwelling unit
SECTION 3. Chapter 607 Section 607.03 Subd. 3 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd, 3, Public Nuisances Affecting Peace And Safety: The following are declared to be
nuisances affecting public peace and safety:
g, The accumulation of any piles of '",ood which are not stacked or secured in a stable manner so as
to avoid collapse. The outside storage of cut wood, unless all of the following requirements
are satisfied:
(1) Shall be stored in the side or rear yard.
(2) Shall be stacked or secured in a stable manner so as to avoid collapse,
(3) Shall not exceed five (5) feet in height.
(4) Combined stacks shall not exceed a volume of five (5) feet high by ten (10) feet
wide, by twenty-five (25) feet long,
(5) Shall not be closer than five feet from side or rear property line unless screened
by a solid fence or wall.
SECTION 4. Chapter 607 Section 607.06 Subd, 1 ofthe Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
607,06:
OUTSIDE PARKING AND STORAGE:
Subd, 1, Definitions: V/hen used in this Section, the following words and phrases shall have the
meanings ascribed to them in this subdivision:
a, FRONT YARD AREA: All that area between the front property line and a line draviIl
along the front face or faces of the principle structure on the property extended to the side
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property lines, The front side of the property shall be dete-rmined as specified in Title 1100
of this Code.
b. OCCUPANT: f..ny person living in or in control of any d'.velling unit upon property
wherein a motor vehicle is parked,
c. IMPROVED SURF f~CE: An impro'/ed surface shall mean a driveway or parking area
constructed of asphalt, concrete, brick or a parking area of gravel construction (according to
Section 1121.09, subdivision 7 of this Code), (Ord. 620, 7 27 98)
d, IMPROVED SURF f~CE, PElUvL^~NENT: Permanent improved surfaces are those
constructed of asphalt, concrete or brick. (Ord, 620, 7 27 98)
e, VEHICLE OR VEHICLES: .'\ny vehicle as defined in Minnesota Statutes as "". every
device in, upon, or by 'Nhich any person or property is or may be transported or dravm upon
a highway.,." but excluding the following: (Ord. 620, 7 27 98)
(1) Trailers with weight classifications of L^~ and B (0 1,500 Ibs. and 1,501 3,000
Ibs., respectively) as provided in Minnesota Statutes. (Ord. 620, 7 27 98)
(2) SnovlIllobiles, and
(3) All terrain vehicles as defined in Minnesota Statutes.
f. VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential to
the mechanical functioning of the vehicle, including but not limited to the motor, drive train,
and'sheek (Ord. 620, 7 27 98)
SECTION 5. Chapter 607 Section 607.06 Subd. 2 ofthe Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. 2-. 1. Declaration Of Nuisance:
SECTION 6. Chapter 607 Section 607.06 Subd, 3 ofthe Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd, J.~. Unlawful Parking And Storage:
c, No person shall cause, undertake, permit or allow the outside parking and storage of
vehicles on any property within the City in residentially zoned property unless it complies
with the following requirements:
(1) Vehicles which are parked or stored outside shall be parked upon an "improved
surface" as defined in this Code. (Ord. 620, 7-27-98)
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(2) All vehicles, watercraft and other articles stored outside on residential property
must be owned by a person who is a legal resident of that property.
d, No person owning, driving or in charge of any vehicle with a gross weight classification
higher than "E" (6,001-9,000 lbs) as identified on the license plate and specified in
Minnesota Statutes, may cause or permit that vehicle to be parked outside or stand
continuously for more than two (2) hours on residential property or public street within a
residential zone in the City,
e. No person owning, driving or in charge of any vehicle with more than one rear axel
chassis design may cause or permit that vehicle to be parked outside or stand continuously
for more than two (2) hours on residential property or public street within a residential zone
in the City
Subd, 3. Any person who abandons a vehicle on any public or private property, without the
consent of the person in control of the property, is guilty of a misdemeanor,
SECTION 7. Chapter 607 Section 607,06 Subd. 4 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. 4. Exceptions: The prohibitions of this Section shall not apply to the following:
c, Any recreational vehicle owner by a person who is a legal resident of the property where
said vehicle is parked or stored shall be specifically excluded from the requirements set forth
in Subdivision 2d. and 2e. ofthis Section.
SECTION 8. Chapter 607 Section 607.06 Subd. 5 ofthe Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. 5. Special Provisions Abandoood Or Inoperable Vehicles:
a. Definitions: For purposes of this Section the following vl'Ords shall have the meanings
specified below:
(1) ABANDONED VEHICLE: A mot-or vehicle that has remained for a period of
more than forty eight (i1 8) hours on public property illegally or lacking vital component
parts, or that has remained for a period of more than forty eight (i1 8) hours on private
property ',vith or '.vithout consent of the person in control of such property, unless it is kept
in an enclosed garage or storage building. It shall also mean a motor vehicle ~/oluntarily
surrendered by its OViller to the City or to a moving contractor hired by the City for its
removal.
(2) INOPERABLE CONDITION: The vehicle has no substantial potential use
consistent \vith its usual fimction, and shall include a vehicle that: a) has a missing or
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defective part that is necessary for the normal operation of the vehicle, or b) is stored on
blocks or jacks or other supports,
(3) J1J1'.TK VEHICLE: f...n inoperable motor vehicle which is partially dismantled,
which is used for sale of parts or as a source of repair or replacement parts for other
vehicles, or which is kept for scrapping, dismantling or salvage of any kind, unless such
vehicle is kept in an enclosed garage, .^.. junk vehicle shall also be considered an abandoned
vehicle for the purpose of this Chapter.
(1) MOTOR VEHICLE OR VEHICLE: Shall have the meaning contained in
Minnesota Statutes,
(5) VITf..L COMPONENT PARTS: Those parts of the motor vehicle that are
essential to the mechanical functioning of the vehicle, including but not limited to the motor,
drive train, and wheels.
SECTION 9. Chapter 607 Section 607.06 Subd, 6 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd, 6, Vehicles constituting a Public Nuisance:
a, Abandoned f..nd Junk Vehicles: Abandoned and junk vehicles are declared to be a public
nuisance creating a hazard t-o the health and safety of the public because they invite
plundering, create fire hazards, attract vermin, and present physical dangers to the safety and
well being of children and other citizens. The accumulation and outside storage of such
vehicles is in the nature of rubbish, litter, and unsightly debris and is a blight on the
landscape and a d€triment to the environment. It shall be unla'Nful for a person to pile, store
or keep "'.''recked, junked or abandoned motor vehicles on private or public property,
b, Vehicles Stopped Or Standing: f..ny vehicle, whether occupied or not, that is found
stopped, standing or parked in violation of any ordinance or State statute; or that is reported
stolen; or that is found impeding firefighting, snow removal or plowing or the orderly flo'.'!
of traffic, is declared to be a public nuisance.
c. Vehicles Blocking f..ccess: f..ny vehicle which is impeding public road or utility repair,
construction or maintenance activities after reasonable notice of the improper activities has
been given to the vehicle OViller or user at least tw~lve (12) hours in advance, is declared to
be a public nuisance.
d. Vehicles 'Without License Plates: Any vehicle shall be deemed to be a junked or
abandoned vehicle if said vehicle does not have attached thereto a valid and current license
plate issued by the proper State agency.
SECTION 10. Chapter 607 Section 607.06 Subd, 7 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
607.07
Vehicles Constituting a Public Nuisance
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Subd. +.1. Abatement Of Vehicles: Findings and Purpose:
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a, Impounding: f..ny police officer or other duly authorized person may order any vehicle
constituting a public nuisance to be immediately removed and/or impounded. The
impounded vehicle shall be surrendered to the duly identified owner by the towing
contractor only upon payment of the required impound, tov.ring and storage fees.
b, Sale: Notice and sale of any vehicle impounded under this Chapter shall be conducted in
accordance \vith Minnesota Statutes, chapter 1 @B, go'.'eming the sale of abandoned motor
vehicles. COrd, 556, 3 20 95)
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a. Abandoned, Junk, and Unsafe vehicles constitute a hazard to the health and welfare of
the citizens of the City of Mounds View in that such vehicles can harbor noxious diseases,
furnish shelter and breeding places for vermin, present physical dangers to the safety and
well-being of children and other citizens, invite plundering, and create fire hazards. Motor
vehicles contain fluids that if released into the environment can and do cause significant
health risks to the citizens of Mounds View. The condition of vehicles that are abandoned,
junk, or unsafe significantly increase the likelihood that these dangerous fluids might be so
released, Abandoned, junk, or unsafe vehicles and other scrap metals also constitute a blight
on the landscape of the City and therefore a detriment to the environment. The abandonment
and retirement of vehicles and other scrap metals constitutes a waste of a valuable source of
useful metal. It is therefore in the public interest that the present accumulation of abandoned
and junk vehicles and other scrap metals be eliminated, that future abandonment of vehicles
and other scrap metals be prevented, that the expansion of existing scrap recycling facilities
be developed and that other acceptable and economically useful methods for the disposal of
abandoned and junk vehicles and other forms of scrap metal be developed.
Subd. 2. Abandoned, Junk, and Unsafe Vehicles:
a. Abandoned, junk, and unsafe vehicles are declared to be a public nuisance creating a
hazard to the health and safety of the public because they invite plundering, create fire
hazards, attract vermin, and present physical dangers to the safety and well-being of children
and other citizens. The accumulation and outside storage of such vehicles is in the nature of
rubbish, litter, and unsightly debris and is a blight on the landscape and a detriment to the
environment. No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise shall store or keep abandoned, junk, and unsafe
motor vehicles on private or public property.
c. Vehicles Stopped Or Standing: Any vehicle, whether occupied or not, that is found
stopped, standing or parked in violation of any ordinance or State statute; or that is reported
stolen; or that is found impeding firefighting, snow removal or plowing or the orderly flow
of traffic, is declared to be a public nuisance.
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d. Vehicles Blocking Access: Any vehicle which is impeding public road or utility
repair, construction or maintenance activities after reasonable notice of the improper
activities has been given to the vehicle owner or user at least twelve (12) hours in
advance, is declared to be a public nuisance.
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Subd.3. Authority to Impound Vehicles:
a. Vehicles Constituting A Public Nuisance: The Clerk-Administrator, or his or her
designee or any peace officer employed or whose services are contracted for by the
City may take into custody and impound any vehicle constituting a public nuisance
under Section 607,07 Subd. 2 of the City Municipal Code.
b, Unauthorized vehicles: The Clerk-Administrator, or his or her 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 Minn, Stat. ~ 169.041.
Subd 4. When a vehicle may be impounded without prior notice:
a. A motor vehicle may be impounded with or without citation without giving notice
to its owner only under the following circumstances:
(1) In a public location not governed by Minn. Stat. ~ 169.041:
a. When the vehicle is impending or is likely to impede the normal flow
of vehicular or pedestrian traffic; or
b. When the vehicle poses an immediate danger to the public safety; or
c. When the vehicle is parked in violation of snow emergency removal
routes; or
d. When a peace officer or other agent authorized by the City of Mounds
View has probable cause to believe that the vehicle constitutes evidence of
a crime, or contains evidence of a crime, if impoundment is reasonably
necessary in such instance to obtain or preserve evidence; or
e. When the person driving, operating or in physical control of the vehicle
is taken into custody and the vehicle is impounded for safe keeping; or
f. When the vehicle is parked in a handicap transfer zone when said
vehicle does not properly display a handicapped parking permit,
g. When the vehicle is obstructing firefighting, or firefighting equipment.
h. Nothing in this Section shall be construed to authorize seizure of a
vehicle without a warrant where a warrant would otherwise be required,
Subd. 5. When a vehicle may be impounded after notice:
a. A vehicle not impounded under Section 607.07 Subd, 4, may be impounded after a
notice of violation described in Section 607.09 Subd 3 has been served upon the owner of
the property where the vehicle is located and an additional notice similar to that in
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Section 607.09 Subd. 4(b) is securely posted on the vehicle. Said vehicle shall not be
impounded until a period of seventy two (72) hours has elapsed after the initial posting of
the notice on the vehicle, excluding Saturdays, Sundays, and legal holidays for the
following reasons:
(1) When such vehicle, whether occupied or not, is found stopped, standing or
parked in violation of any City ordinance.
(2) When such vehicle is determined to constitute a public nuisance, as defined in
Section 607.07 Subd. 2.
Subd. 6. Sale; waiting periods:
a. Sale after 15 days: An impounded vehicle is eligible for disposal or sale under Section
607.07 Subd. 10, 15 days after notice to the owner, it the vehicle is deemed to be:
(1) A junk vehicle, except that it may have a valid current registration plate and still
be eligible for disposal or sale under this subdivision; or
(2) An abandoned or unsafe vehicle.
b. Sale after 45 Days: An impounded vehicle is eligible for disposal or sale under section
607,07 Subd, 10,45 days after notice to the owner, if the vehicle is determined to be an
unauthorized vehicle.
Subd. 7. Notice of Taking and Sale:
a. Contents; notice given within five days: When an impounded vehicle is taken into
custody, the City or impound lot operator taking it into custody shall give notice of the
taking within five days. The notice shall:
(1) Set forth the date and place of the taking; the year, make, model and serial
number of the impounded motor vehicle if the information can be reasonably
obtained; and the place where the vehicle is being held;
(2) Inform the owner and any lienholders of their right to reclaim the vehicle
under Section 607.07 Subd. 8; and
(3) State that failure ofthe owner or leinholders to exercise their right to reclaim
the vehicle and contents within the appropriate time allowed under 607.07 Subd, 6
shall be deemed a waiver by them of all right, title and interest in the vehicle and
contents and a consent to the transfer of title to and disposal or sale of the vehicle
and contents pursuant to Section 607.07 Subd. 10.
b. Notice by mail or publication: The notice shall be sent by mail to the registered owner, if
any, of an impounded vehicle and to all readily identifiable lienholders of record. If it is
impossible to determine with reasonable certainty the identity and address of the registered
owner and all lienholders, the notice shall be published once in a newspaper of general
circulation in the area where the motor vehicle was towed from or abandoned. Published
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notices may be grouped together for convenience and economy.
c. Unauthorized vehicles; notice: If an unauthorized vehicle remains unclaimed 30 days
from the date the notice was sent under Subdivison 7a. of this Section, a second notice
shall be sent by certified mail, return receipt requested, to the registered owner, if any, of
the unauthorized vehicle and to all readily identifiable lienholders of record.
Subd.8, Right to Reclaim:
a. Payment of charges: The owner or any lienholder of an impounded vehicle shall have
a right to reclaim the vehicle from the City or impound lot operator taking it into custody
upon payment of all towing and storage charges resulting from taking the vehicle into
custody within 15 or 45 days as applicable under Section 607.07 Subd. 6, after the date of
the notice required by Section 607.07 Subd 7. To reclaim a motor vehicle impounded
pursuant to this ordinance, the owner or leinholder must pay any costs and administrative
fees incurred by the City and must agree to relocate the vehicle in accordance with local,
state, and federal regulations, The owner or leinholder reclaiming such vehicle shall sign
a "Release of Property" and shall agree to immediate impoundment without notice if such
vehicle again violates this Section. In addition, the City may require a bond to be posted
if said vehicle has been sub;ect to a prior impoundment.
b. Lienholders: Nothing in this chapter shall be construed to impair any lien of a
garagekeeper under the laws of this state, or the right of a lienholder to foreclose,
Subd. 9. Operators deficiency claim; consent to sale:
a, Deficiency claim: The nonpublic impound lot operator has a deficiency claim against
the registered owner of the vehicle for the reasonable costs of services provided the
towing, storage and inspection of the vehicle minus the proceeds of the sale or auction.
The claim for storage costs may not exceed the costs of:
(1) 25 days storage for a vehicle described in Section 607.07 Subd. 6a,; and
(2) 55 days storage for a vehicle described in Section 607,07 Subd. 6b.
b, Implied consent to sale: A registered owner who fails to claim the impounded vehicle
within the applicable period allowed under Section 607.07 Subd. 8 is deemed to waive
any right to reclaim the vehicle and contents to the disposal or sale of the vehicle and its
contents and transfer of title.
Subd. 10, Disposition by impound lot.:
a. Auction or sale:
(1) If a vehicle and contents taken into custody by the City or any impound lot is
not reclaimed under Section 607.07 Subd. 8, it may be disposed of or sold at
auction or sale when eligible pursuant to Section 607.07 Subd. 9 and 607,07
Subd. 10.
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(2) The purchaser shall be given a receipt in a form prescribed by the Registrar of
Motor Vehicles which shall be sufficient title to dispose of the vehicle. The
receipt shall also entitle the purchaser to register the vehicle and receive a
certificate of title, free and clear of all liens and claims of ownership. Before a
vehicle is issued a new certificate of title, it must receive a motor vehicle safety
check.
b, Unsold vehicles: Vehicles not sold by the City or impound lot pursuant to Subdivision a.
of this Section shall be disposed of in accordance with Section 607.07 Subd. 11,
c, Sale Proceeds, public entities: From the proceeds of the sale under this Section of
vehicles constituting a public nuisance, the City shall reimburse itself for the cost of
towing, preserving and storing the vehicle and all administrative, notice and publication
costs incurred in handling the vehicle pursuant to this chapter. Any remainder from the
proceeds of a sale shall be held for the owner of the vehicle or entitled leinholder for 90
days and then shall be deposited in the treasury of the City.
d, Sale proceeds, nonpublic impound lots: The operator of a nonpublic impound lot may
retain any proceeds derived from a sale conducted under authority of Subdivision lOa,
The operator may retain all proceeds from sale of personal belongings and contents in the
vehicle that were not claimed by the owner or the owner's agent before the sale, except
that any suspected contraband or other items that likely would be subject to forfeiture in a
criminal trial must be turned over to the appropriate law enforcement agency.
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Subd, 11. Disposal Authority.
a. The City may contract with others or may utilize its own equipment and personnel for
the inventory of impounded motor vehicles and scrap metal and may utilize its own
equipment and personnel for the collection, storage and transportation of these vehicles
and scrap metal. The City may utilize its own equipment and personnel only for the
collection and storage of not more than five abandoned, junk, unsafe or unauthorized
vehicles without advertising or receiving bids in any 120-day period.
Subd, 12, Contracts; Reimbursement by MPCA.
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a. MPCA review and approval: If the City proposes to enter into a contract with a person
licensed by the MPCA pursuant to this Section or a contract pursuant to Section 607.07
Subd. 11" the MPCA may review the proposed contract before it is entered into by the
City, to determine whether it conforms to the MPCA's plan for solid waste management
and is in compliance with MPCA rules. A contract that does so conform may be approved
by the MPCA and entered into by the City. Where a contract has been approved, the
MPCA may reimburse the City for costs incurred under the contract that have not been
reimbursed under Section 607.07 Subd, 10, Except as otherwise provided in Section
607,07 Subd, 11, the MPCA shall not approve any contract that has been entered into
without prior notice to and request for bids from all persons duly licensed by the MPCA
to be a party to a disposal contract pursuant to Minn, Stat, ~ 116,07, as it may be
amended from time to time; does not provide for a full performance bond; or does not
provide for total collection or transportation of abandoned, junk, and unsafe motor
vehicles, except that the MPCA may approve a contract covering solely collection or
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transportation of abandoned, junk, and unsafe motor vehicles where the MPCA
determines total collection and transportation to be impractical and where all other
requirements herein have been met and the unit of government, after proper notice and
request for bids, has not received any bid for total collection and transportation of
abandoned, junk, and unsafe motor vehicles,
b, If the City utilizes its own equipment and personnel pursuant to its authority under
Section 607,07 Subd. 11, and the use of the equipment and personnel conforms to the
MPCA's plan for solid waste management and is in compliance with MPCA rules, the
City may be reimbursed by the MPCA for reasonable costs incurred which are not
reimbursed under Section 607.06 Subd. 10.
c. If the MPCA demands that the City contract for the disposal of impounded vehicles
and other scrap metal pursuant to the MPCA's plan for solid waste disposal and the City
fails to contract within 180 days of the demand, the MPCA, through the Department of
Administration and on behalf of the City, may contract with any person duly licensed by
the MPCA for the disposal.
SECTION 11. Chapter 607 Section 607.07 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
607.07: 607.08:
NOISE CONTROL REGULATIONS:
SECTION 12. Chapter 607 Section 607,08 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
607.08: 607.09
ENFORCEMENT:
Subd. 1. It shall be the duty of the City Council to enforce the provisions of this Chapter and the
City Council may, by resolution, delegate to other officers or agencies power to enforce particular
provisions of this Section, including the power to inspect private premises, and the officers charged
with the enforcement of this Chapter shall take all reasonable precautions to prevent the commission
and maintenance of public nuisances.
a. The Clerk-Administrator or designee is authorized to enter upon any property if
necessary to determine whether the provisions of this Code or any applicable State statute
has been violated, to make any examinations or surveys, or to conduct any tests as may be
reasonably necessary in the performance of their duties. All inspection and testing must be
done in a reasonable manner.
SECTION 13. Chapter 607 Section 607.08 Subd. 1 ofthe Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. +. 2, Abatement: Notice to owner or to person or persons responsible: Whenever, in the
judgement of the officer charged vlith enforcement, it is determined upon investigation Qy
the officer charged with enforcement that a public nuisance is being maintained or exists
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within the City, said officer a notice of violation shall be served upon the owner or the
person or persons responsible therefore in the manner prescribed in Section 607,09 Subd, 3
and Subd, 4.such officer shall call or notify in 'Nriting the person committing and
maintaining such a public nuisance and require him to terminate and abate said nuisance and
remove such conditions or remedy such defects, Notice to the o','mer shall be satisfied by
notice to the person listed as the taxpayer on the County's ta;'( records, If the premises are
not occupied, the address of the o'.'mer is unknown and no other responsible party can be
reasonably identified, notice may be served on the property by posting a copy of the notice
on the premises. Said notice shall require the ovmer or occupant of such premises, or both,
to take reasonable steps 'Nithin a reasonable amount of time to be designated in said notice,
but 1:J.w maximum time of the removal of said notice after service of said notice shall not in
any event exceed thirty (30) days. If the ovmer, occupant or other responsible party does not
comply 'Nith the notice vl'ithin the time specified, the City Council may, after notice to the
ovmer and occupant or other responsible party and an opportunity to be heard, provide for
abating the nuisance by the City, The notice shall be served in the same manner as notice by
the enforcing officer and shall be given at least ten (10) days before the date stated in the
notice when the Council will consider the matter. If notice is given by posting, at least thirty
(30) days shall elapse between the day of posting and the hearing.
Subd.3. Form: The notice of violation described in Section 607,09 Subd. 2, shall be in accordance
with all of the following:
a. Be in writing.
b. Include a description of the real estate sufficient for identification.
c, Include a statement of the violation or violations, and why the notice is being issued,
d. Include a corrective order allowing a reasonable time to make the corrections and
improvements required to bring the property or structure into compliance with the
provisions of this Code.
Subd, 4. Method of Service: Such notice of violation shall be properly served.
a, Said notice of violation shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally, or;
(2) Sent by first-class U.S mail addressed to the person listed as the taxpayer on the
County's tax records, or;
G{3) Posted on the premises if the premises are not occupied, or the address of the
owner is unknown and no other responsible party can be reasonably identified.
b, When an enforcement officer shall find a vehicle parked in violation of Section 607,07
said officer shall cause additional notice to be placed upon such vehicle in substantially
the following form:
(1) "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY: This property, (setting forth brief description) is
13
.
.
.
unlawfully upon property know as (setting forth brief description oflocation) and
in violation of Section 607.07 of the Mounds View Code Municipal Code, and
therefore is declared to constitute a public nuisance and must be removed within
seventy-two hours (72) from the date of this notice. If this vehicle is not removed
from the premises or placed in a lawful garage or storage building on or before
(setting forth date and time) it shall be removed by order of the City of Mounds
View. Dated this: (setting forth date of posting of notice). Signed: (setting forth
name, title, address and telephone number of enforcement officer),"
(2) Such notice shall be not less than eight (8) inches by ten (10) inches and shall
be sufficiently weather proof to withstand exposure to the elements
Subd, 5, Abatement: Except for vehicles constituting a public nuisance, which shall follow the
procedures set fourth in Section 607.07, all violations of this chapter may be corrected by
abatement by the City at the expense of the property owner, occupant, or other responsible
party following the procedures listed herein.
a. If the owner, occupant or other responsible party does not comply with the notice of
violation within the time specified therein, the City Council may, after notice to the owner
and occupant or other responsible party and an opportunity to be heard, provide for abating
the nuisance by the City,
b, The notice shall be served in the same manner as prescribed in Section 607.09 Subd, 4
and shall be given at least ten (10) days before the date stated in the notice when the Council
will consider the matter.
c. If the notice of violation was served by posting, at least thirty (30) days shall elapse
between the day of posting and the hearing.
SECTION 14. Chapter 607 Section 607.08 Subd. 2 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. J. 6, Summary Abatement: The enforcing officer may provide for abating a public
nuisance without following the procedure required in subdivision -1- ~above when:
a. There is an immediate threat to the public health or safety.
b, There is an immediate threat of serious property damage.
c, A public nuisance has been caused by private parties on public property.:,.ef
d. If the enforcing officer abates the nuisance pursuant to this Section, the officer must
reasonably attempt to notify the owner, occupant, or other responsible party of the intended
action and the attempt to notify inform the owner, occupant, or other responsible party of the
intended action and the right to appeal the abatement and any cost at the next regularly
scheduled City Council meeting.
14
.
.
.
SECTION 15. Chapter 607 Section 607.08 Subd, 3 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd, ~7, Cost Recovery: The owner of property on which a nuisance has been abated by the
City, or a person who has caused a public nuisance on property not owned by that person,
shall be personally liable to the City for the cost of abatement, including administrative
costs. As soon as the work has been completed and the cost determined, the Clerk-
Administrator or their designee shall prepare a bill for the cost plus an additional 10% and
mail it to the owner or other responsible party. Thereupon, the amount shall be immediately
due and payable at the office of the Clerk-Administrator,
a. Record of Abatement Costs: The Clerk-Administrator or his/her designee shall keep a
record of the costs of abatements done under this ordinance and shall report monthly all
work done to the appropriate officer for which assessments are to be made, stating and
certifying the description of the land, lots, parcels involved and the amount assessable to
each,
SECTION 16. Chapter 607 Section 607.08 Subd. 4 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd 4. 8, Assessment: If the cost, or any portion of it, has not been paid under Subdivision 1
J., within thirty (30) days after the date of the bill, the unpaid cost may be certified against
the property to which the cost is attributable. On or before September 1 of each year, the
Clerk-Administrator or hislher designee shall list the total unpaid charges for each
abatement against each separate lot or parcel to which they are attributable. Before
certification against the property, reasonable notice of the impending certification and an
opportunity to be heard by the City Council must be given to the taxpayer of record,
Failure of the taxpayer to receive the notice shall not invalidate the certification,
however. The City Council may then spread the charges or any portion thereof against
the property involved as a special assessment under Minn, Statute Section 429,101, and
other pertinent statutes, for certification to the County Auditor for collection the
following year along with current taxes Thereafter, the unpaid cost may be certified to the
County Auditor for collection along with current taxes in the follo\ving year or in such
annual installments, not exceeding ten (10), as the City Council may determine in each
case,
SECTION 17. Chapter 607 Section 607,08 Subd. 5 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd, ~9. Landlord's Liability:
SECTION 18. Chapter 607 Section 607.08 Subd. 6 of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. 9.-10. Penalty: Any person in violation of any of the provisions in this Chapter shall be
guilty of a misdemeanor. Each day on which such violation continues shall constitute a
separate offense. (Ord, 556, 3-20-95)
15
, .
.
\
~.
.
First read by the City Council of the City of Mounds View on this 25th day of February, 2002.
Read and passed by the City Council of the City of Mounds View on this 11 th day of March, 2002,
RiChson~
ATTEST:
./,' (, )~ ~ /,.
., <{., ait1A.-'-----ll~
Kathlee:fi Miller, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
City Attorney
Motion: Marty
Second: Sonterre
Sonterre: Aye
Stigney: Aye
Quick: Aye
Marty: Aye
Thomas: Absent
16
Sun Focus
. AFFIDAVIT OF PUBLICATION
ATE OF MINNESOTA)
ss.
COUNTY OF RAMSEY)
Gene Carr, being duly sworn on an oath states or affirms that he is the publisher
or authorized agent and employee of the publisher of the newspaper known as
Sun Focus, and has full knowledge of the facts which are stated below,
(A) The newspaper has complied with all of the requirements constituting qualifi-
cation as a qualified newspaper, as provided by Minnesota Statute 331 A.02,
331A.07 and other applicable laws, as amended.
(8) The printed (Official Publication) Legal Notice - City of Mounds View -
Ordinance No, 694
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for ~ successive weeks; it was first
published on Thursday the ~ day of March, 2002, and was thereafter print-
ed and published on every Thursday to and including the _ day of
March, 2002; 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
_ type used in the composition and publication of the notice:
., abcdefghijklmnopqrsluvwxyz
By:
,ftf:v
Title: Publisher
Subscribed and sworn to or affirmed before me
on this ~day of March, 2002.
.yJ
(~\
~
\~f","^f~"""",^",,-".AtVV'o./..;r...;" -.;...r...,",^,V\J\JV"';V\J\.;V,,^,~
~ (",,">., IViEF1iUEL. M. HEDBLOM ~
~.~: ~>. "~I ,i NOT!\,W P(J"l!C.MlNNESOTI\, t
~ ';'i.'>.. i/ MY COMMISSION EXPIRES '.31.2005
?"",7
<::
I", ."'t'\.r.....I't..IV A"^~A..'^t\I'\IV\^^f\,.vV'l"\I\IV\l..,V.
Notary Public
RATE INFORMATION
_<1) Lowest classified rate paid by commercial users $ 2,55 per line
for comparable space
2) Maximum rate allowed by law for the above matter $ 6,20 per line
(3) Rate actually charged for the above matter
$ .45a: per line
. dr=v 0;1\narki;;9 ';rk~- c;;~t~;;ct~d' ~f
asphalt. concrete. brick or a oarkina area of
gravel construction laccording to Section
1121.09. subdivision 7 of this Code\. lOrd.
620. 7:27-98)
Subd. 9. IMPROVED SURFACE. PER-
MANENT: Permanl;lnt improved surfaces are
those . constructed of asphalt concrete. or
brick. lOrd. 620.7-27-98\
Subd. 10. MOTOR VEHICLE' OR
VEHICLE: Anv self-Drooelled device in.
upon or b\! which anv oerson is or may be
. transr>rted or drawn uoon a highwav. Dublic
stree_ orbodvof water. Includes any device
drawnbli a self propelled vehicle and vehi-
cleswhich areorooelled by electric power.
includina vehicles which obtain Dower from
overhead trolley wires b\Jt are not ooerated
upon rails. However. the following are specif-
ically excluded:
a. . Trailers with weight classifica-
tions of A and B 10 - 1.500 Ibs. and 1.501 .;.
.~OOlbS.S re~:ctiVel~\ as provided in
-11Jesota _taCL~ (Oc, 620 7-27-98\
. b. Manufactured, mobile and
trailer homes olaced on a Dermanent Dad
Ipcated within aoroperlv zoned manufac-
tured home district that are used for continu-
9usliving !luarters.
c. Anvvehiclemoved solelv by
human power.
fu!!:lQ. 11, VITAL COMPONENT
PARTS: Those parts of the motor vehiclE!
that are essential to the mechanical function-
~~Of the vehicle including but not limited to
_ motor drive train and wheels. lOrd. 620.
MMID
SY!& 12. ABANDONED VEHICLE: A
m~: vehicle that has remained outdoors on
~;;-rty within the City for a period of more
48 hours on. public oropertv or has
't~i1'lained for a period of more than 48 hours
II 0_ private' property without consent of the
person in control of such Drooerty or in an
inoperable condition. unless it is kept in an
enclosed aarage <;>r storage buildinQ. It shall
also mean a motor vehicle voluntarilv surren-
dered bv its owner to the City or to a movinQ
contractor hired bv the City for its removal. A
classi~ car or pioneer car as defined in Minn. .
Stat. _ 168.10 shall not be considered an
abandoned motor vehicle within the meaning
of this Section. Vehicles held under. police
authority or pursuant to a writ or court order
are not abandoned vehicles. Vehicles on the
premises of junk yards and automobile
~raVeyards that are defined. maintained and
llgensed in accordance with Minn. Stat. !:l
161.242 are not considered abandoned vehi-
cles.
Subd. 13. INOPERABLE CONDITION:
The vehicle has no substantial potential use
consistent with its usual function. and shall
.
^sECTloru. Chapter 607 Section 607;03
Subd. 3 of the Mounds View Municipal C6de
Is hereby amended with additions 4nderlined
aild .deletlons 8lN81! elll to read' as follows:
Subd. 3. Public Nuisances Affecting
Peace And Safety: The. following are
declared to be nuisances affecting public
peace and safety:
g. T--J:Ie' 888b1RUilatieR 8f 8R)! flUes sf "'899
_lARiet::t afe Rat etaehed Sf 688yreS iR a stable
f'U)~R9r B8 88 t8 W BiB 891181'88. :t"he outside
storage of cut wood unless all of the follow-
ing requirements are satisfied: .
(1 \ Shall be stored in the side or
.~
(2) .Shall be stacked or secured
in a slable manner so as to avoid collapse.
- (3) Shall not exceed five IS) feet
in height.
(4) Combined stacks shall not'
exceed a volume of five IS) feet high bv ten
(10) feet wide bv twenty-five (25) feetlong.
(5) Shall not be closer than five
feet from side or rear orooerty line unless
screened bv a solid fence or wall.
SECTION 4, Chapter 607 Section 607.06
Subd. 1 of the Mounds View Municipal Code
is hereby amended with additions underlined
and deletions elFll81t elltto read as follows:
607.06: OUTSIDE
STORAGE:
PARKING AND
~ 1. QsfiRitisR8: 'A'f:ilSR \:Iesd iR tRis
gS8tieR, tAs felle'''iRlj .. 8r~8 aR~ Jit:tFaB8e
6RElII RW'S tks FRe8RiR(ls a8sriBsEt te tt::lBRliR
tRia 81=18Eli' 'ieiaR' .
a, yRQ~J:r"^RQ^Ri\: ^lItloletaTe8
B~v8e~ tt.:ls treRt ~FS~8r:ty IiRs eRa 8. IiRS
srau'lR aleRS tRs treRt -lasseT t899B 8f tRa
I3RRsif:1la etf:uetl:ne 8R tf:ls f:lr8~eFt}. BJ~8RfJed
Ie tRe Biela ~fef:18Ft'i nRBS TRs fFeRt Siel9 af
t~8 JifSI'SRy stotall8S elBteFff1iRsel 888Ji1_ssifie8
iR Mtls 11Qg ef tRisCede,
) b, 9CClJP^~1+' "'FlY JilerseA 1i"iRB iA aT
iR sSRtrel ef ElR~ - S'!. emRB l:1Ri' 1:If38R f:1Tef38Ry
::R8TeiR 8 ",ster 'eRiels is JilElFhs€l,
e,IMPA9"~Q ~YPl~'\Ci: AR iFNl're\'s9
BYRaeeBRall FflBB.R -8 8ri'/s"'ay. sTf3aFldRg
area SSRstr1:l8tBa 8f ElSf3Ralt; aBAeTe's, BRsk
af a. fil8rkiRg Elfea sf 6FQ"el seRstFYetieR
(aseefsiRg te ~estisR 1121,99, 8wBeli"ieieR 7
ef \RiG l;;e88). (gF~. €29, -; 27 gll~
8. IMP~g\l);!Q eYVly"'{'~, PeRr1^
~H!:rlJ: PerFR8ReRt imJilrS"8eJ 8l:1R8S8S are
tRssS e,sRstn:481eEl 8f 88,al=talt, eeRsTe'e sr
I3riel!. (Qrt:l. €S9, 7 a.7 gll)
8, \_'iIIlCbi QR "iIiIC~gi "'~ \'s~i
sle as ElafiRed iA MiRAgeS'S [,tatw\S9 a8" .
evsf')' de'-iee iR, Wp8R,.'r BY 'u'Ri8~ afflll8f
.
resldenljal zone in the City
Subd 3, Anv oerson who abandons a
vehk;le on' anv oublic or orivate prooerty.
without the consent of the person in control of
the prooertv is Quilty of a misdemeanor,
SECTION 7. Chapter 607 Section 607.06
Subd. 4 of the Mounds View Municipal Code
is hereby amended with additions underlined
and deletions elm81! elltlo read as followS:
Subd. 4. Exceptions: The prohibitions
of this Section shall not apply-to the following:
c. Any recreational vehicle owner
by a person who is a leqal resident of the
propertv where said vehicle is parked or
st~red shall be soecificallv excluded from the
re uirements set forth in Subdivision 2d. and
2e. of this Section.
SECTION 8. Chapter 607 Section 607,06
Subd.5 of theMoundsView Municipal Code
is hereby amended with additions underlined
and deletions elFllel! ellt to read as folloWs:
~ 8, ~f3eai81 Pre"isieR8
ABaReieReei Qr IFle~Bral3le \/BRielss:
a. QefiRitiBFl8: Fer f31:1TfJe8s8 ef
~is hssti8R tRs.tells' .'jRiI ,. srEls el::tall Rw'e
tRB FM8aRIR~8 etissifie8 sels'v;
(1) AB'" ~199tlkg Vl!!t-IICb.I!!' ^
fflster' efotiele tRat Rao fBFR.aiRBS ter 8 f38Reet
ef FR8re tRaFl lefty Bi9Rt (1 Q) ,",eyre SRe "wBlie
f3FSf3eRy iIIBljally ef 18eh4Rlj "ital SS"'f38R8A1
"BRet Sf tt::let Ras T8FMBiFlSS fer El "BRSel ef
Fflere- fR8A feFt)' ei9~ (~8) RewTe sA-tiR"ata
f:1rsf3eFt}' 'f:itA ef ,,-.itkswt 8eRBeRt 8f tRB per
seA jFt BeRtFsl 9f sweR pre"eRy-, wRIBse it is
1(81't iR 8A eRBle8e8 g8FQBB ey 8teRlBe Bl=lilEI
iR~, ,it B~all ale9 "'e8R a' ~BtSY , 'eRisle . 'el
1:IRtaFily 81:1rrBRelsreel. By its B'UReT 'e, tt.:le City
ElT ts a ",e'. iRlj e8RtfEloter lo1iFSS li1-' tf>:le (,it}'fer
its rSR'1SV81.
(2) I~J9PIOJ;l' Qb.1O GQ~lgl
T19tl: TR8 "skisls Rae Re e1:l88taRtial pStsR
tiel wee 8BRBieteRt witR its ..8yel fWAstlsR, aAd
a~all iRBh:lSS a v8Riele tRel' - El) Ras a Ffli8siRg
ar elefseti'J8 filaR tAst is R88S8Sarj tsr tRe Rer
FRal sp_sratieR af tMe ''910118Ie, aT 8) is etefeS
8R ii'eelta ST jeslte Sf 8tAaT s1:If3peRe.
(:a) J"tIK \'l!!t-IICb.~: ^R iR9f)
8r8Ble ",etsT "slo11018 it'.t::IieR is f3BFtially sie
fiRaRtle9, .'Riel;:! is Y889 fer 8ale ef paRe af as
a 8SI:.IrB8 8t re~air Br rSJillaes"'eRt paRS fer
etA-sr' 'sRieles, Sf .'Rien is It8flt fer 8SFQt3f3iRfj,
eJISFfl8RtliR6 eT S8:~ '8:39 sf aR~ hiRe. erRJeg~
eY8R "sRiel8 is ItBf't IA 8R BRele8eel BaFega,
^ jYRh 'skl819 BReNt alGg Be 8SRsisef8S SA
aSaR88Rea '~~i9t8 fer t~8 f11:1Ffisee sf tRis
~
VQ IIGbe:
~11 ~lQ1=QJ;l "I!IoII<;:b.1O QR
i~BII ha'., ~9 fA88fliR6 S9R
a, c I~Jj~~RilIlHlt: .11)...
Ber Sf 9tloler' ebdy QYtlo18Fiii8a f'eTGSA ffI&y
8reSY 8.RY "BRiele 88RetitytiRg Q,.,J:lY~!~l'tl"
s~f1as te 138 - iAlFlU~iat8IL raFflS JeB 8AeV.ef
iiMf:iBYR8Sel, ~9 iFRP8(1:I.R8S& "eRiels _stolalll1e
Sl:lrr~.A88F$~ \8 -tlo1s elwly l~BfNifA\88:'R_8r...by
tRS t8"~R~ 8eRtFa8tBrQR~' 1:IJ38Rfj8YM8Rtef
tl=ls f8i\\dr8el iFRpel=lReI, t9rARg eRd etSF8.ge
~
\~
ill
88 89R81:leteel iR eS8SYSaR88 "'itl=ll /~
gte.tYt88, slo1apter 1{!SQ, ge"sfRiRi t~s s8.le 9f
8S8R88Rstf R'1eter "skieI88,' (grit 8B8,
~
i!J. Sals:~18tiee 8Ret'
'~akieI8 iRlfleWR8s€f YRSer tRi8~f
a. Abandoned Junk andUnS\lfE!
vehicles constitute a hazard to the health and
welfare of the citizens of the City of Mound!;
View in that such vehicles can harbor nox-
ious diseases fumish shelter and breedlrta
~aces Z~r -:nnin, present ohysical danaers
to the afe and well-beina of children and
other f:izens, invite plundering and cf\*lte
fire h_ards.. Motor vehicles contain flUids
that if released into the environment can and
do cause significant health riskS to the citi-
zens of Mounds View. The condition of vehl-
lesth t reaba do d' nk oruns f '
nificanJ. in rase th i li that t
~angerous fluids might. be so released.
Abandoned iunk, or unsafe vehicles and
other scrap metals also constitute a blight on
the landscaDe of the City and therefore. a
detrim:nt to the environment. The abandon-
ment _nd retirement of vehicles and. ptfter
scrao metals constitutes a waste of a .valu-
able source of useful metal. It is therefore in
the public interest that the oresent accumula-
tion of abandoned and iunk vehicles. and
other scrao ~etals be eliminated, that future
abandon men of vehicles. and other scrap
metals be prevented that the exoansion Of
llxlsting scrao recycling facilities be devel-
oped and that other acceotable and econom-
:callY useful' methods for the disposal of
abandoned and iunk vehicles and other
forms of scrap metal be develoDed.
Subd, 2. Abandoned Junk. i ~
Vehicles: '
"-
iI. Abandoned iunk and unsafe vehi-
cles are declared to be a public nuisance
creatina a hazard to the health and safety of
the oublic because thev invite olundering.
create fire hazards. attract vermin, and ores-
ent ohvsical dangers to the safety and well-
being of children and other citizens. The
accumulation and outside storaa~ of such
vehicles is in the nature of rubbish. litter. and
unsight~ debris and is a blight on the land-
scape _nd a detriment to the environment.
No oemon in charae or controi of any proDer-
ty within the City whether as owner. tenant.
occupant I~ssee or otherwise shal\' store .or
keep abandoned. junk, and unsafe motor
vehicles on private or DLiblic orQpertv.
e
. tr,-&: ...
Sun Focus
AFFIDAVIT OF PUBLICATION
'-'TATE OF MINNESOTA)
ss,
COUNTY OF RAMSEY)
Gene Carr, being duly sworn on an oath states or affirms that he is the publisher
or authorized agent and employee of the publisher of the newspaper known as
Sun Focus, and has full knowledge of the facts which are stated below,
(A) The newspaper has complied with all of the requirements constituting qualifi-
cation as a qualified newspaper, as provided by Minnesota Statute 331A,02,
331 A.07 and other applicable laws, as amended.
(B) The printed (Official Publication) Legal Notice - City of Mounds View-
Ordinance No. 694
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for -1- successive weeks; it was first
published on Thursday the 2L day of March, 2002, and was thereafter print-
ed and published on every Thursday to and including the _ day of
March, 2002; 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 the notice:
.
abcdefghijklmnopqrstuliwxyz
By:
p
Title: Publisher
Subscribed and sworn to or affirmed before me
on this ~day of March, 2002. '
IIA AJ\IVVV J'",VV' ^f\I..JVV Vv .,^^"..,-..jvvv~,"", iii
~ ~
~ /,('fir:C1' MEF'.iDEL I'll. HEDBLOM ~
If~", ~,~ NOTAFiY PUBLlC.MINNESOTA .
~) M', COMM:SSION EXPIRES 1.3i.2005 ~
<: ~
r;.1I...~^f""','V"t.f\,l\,\NV"^'V\f\I'V'^~.
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line
. for comparable space
(2) Maximum rate allowed by law for the above matter $ 6,20 per line
(3) Rate actually charged for the above matter
$ .45<t per line
City of i\I1oUnds V,.w
. CITY OF MOO.NOS VIEW
COUN1YOF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 694
AN ORDINANCE AMENDING TITLE 600,
CHAPTER 607 OF THE MOUNDS VIEW
.MINICIPAL CODE, PERTAINING TO NUI-
SANCES
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 607 of the Mounds
View Municipal Code is hereby amended
with additions ~ and deletions
~o read as follows:
SECTION:
607,07: ~
~
607.08: ~~
~
~~
SECTION 2. Chapter 607 Section 607.01
of the Mounds View Municipal Code is here-
by amended with additions ~ and
deletions stn.lSIIElllt to read as follows:
RULES AND DEFINITIONS: When used
i i r II wi r
phrases shall have the meanings ascribed to
l!wn;
~ 6. FRONT YARD AREA: All that
area between the front orooerty line and a
line drawn ;ilong the front face or faces of the
orinciole structure on the orooertv extended
to the side orooerty lines. The front side of
the prooerty shall be determined as soecified
in litle 1100 of thi!> Code.
~ 7. OCCUPANT: Any oerson liv-
ing in or in control of any dwellina unit uoon
prooerty wherein a public nuisance has been
~
~ 8. IMPROVED SURFACE: A
drivewav or oarkina . area" constructed of
asohalt. concrete. brick or a o;irkina area of
gravel construction (according' to Section
1121.09 subdivision 7 of this Code). lOrd.
620 7-27-98)
Subd. 9. IMPROVED SURFACE, PER-
MANENT: Permanent improved surfaces are
those. constructed" of asohalt concrete or
brick. (Ord. 620, 7-27-98)
~ 10 MOTOR VEHICLE OR
VEHICLE' Any self-oropelled d~vice in.
upon, or by which any oerson is or may be
transodrted or drawn uoon a highway oublic
street or body of water, Includes any device
drawn bv a selforooelled vehicle and vehi-
cles which are oropelled bv electric power
including vehicles which obtain power from
overhead trolley Wires but are not ooerated
uodn rails. However. the .following are soecif-
ically excluded:
a Trailers with weight classifica-
tions of A and B 10 - 1 500 Ibs. and 1 501 -
3 000 . Ibs. resoectively) as orovided in
Minnesota Statutlils lOrd 620. 7-27-98)
b Manufactured mobile. an<;J
trailer homes olaced on a Dermanent pad
located within a Droperlv zoned manufac-
tured home district that are used for continu-
ous living auarters.
c. Any vehicle moved solelvby
human power.
~ 11. VITAL COMPONENT
PARTS' Those Darts of the motor vehicle
that are essential to the mechanical function-
ing of the vehicle, including but not limited to
the motor. drive train. and wheels. lOrd. 620
Z:2Z:OOl
~ 12. ABANDONED VEHICLE: A
motor vehicle that has remained outdoors on
prooertv within the City for a oeriod of more
than 48 hours on public oroperty or has
remained for a Deriod of more than 48 hours
on private oroperty withounxlRseht of the
person in control of such oroperty or in an
inoperable condition. unless it is keDt in an
enclosed garage or storage puilding. It shall
also mean a motor vehicle voluntarilv surren-
dered bv'its owner to the City or to a moving
contractor hired by the City for its removal. A
classic car or Dioneer car. as defined in Minn.
Stat. & 168.10 shall not be considered an
abandoned motor vehicle within the meaning
of this Section. Vehicles held under oolice
authority or oursuant to a writ or court order
are not ab\lndoned vehicles, Vehicles on the
premises of iunk vards and automobile
graveyards that are defined maintained, and
licensed in accordance with Minn. Stat. &
161.242 are not considered abandoned vehi-
~
Subd. 13. INOPERAB\,.E CONDITION:
The vehicle has no substantial ootential use
consistent with its usual function and shall
~
Subel. 20. UNAUTHORIZED VEHICLE: A
vehicle that is subject to removal and
imDoundment pursuant to Section 607.07
Subel. 3 or Minn. Stat & 169.041 but is not'a
iunk vehicle or an abandoned vehicle.
Subd. 21 LEGAL RESIDENT: A oerson
who is in control of any dwelling or dwelling
uni! and said dwelling or dwelling unit is used
for continuous livina auarter!>.. A Derson or
occuoant who receives U.S mail at said
dwelling or dwelling unit shall also be a legal
resident of said dwellina or dwellina unit
SECTION 3, Chapter 607 'Section 607:03
Subd. 3 of the Mounds View Municipal Code'
is hereby amended with additionsunde"rlinell
and deletions etrllsll Silt to read as follows:
.St.lbd. . 3. -pOfjJfc;- NliisancesAlf~ng
Peace And Safety: The following are
declared to be nuisances affecting public
peace and safety:
g. "f,~8 888YRlll:llatieR 8f 8.RY fiiles 8_t \"'888
"'l:liSR QFa Ret etaSlt88 Sf 888\U88 iR Q .8tQ~IB
FAaARer Be as 18 w'siel 8811afJ88. ':rhe outside
storage of cut wood, unless all of the follow-
ing requirements are satisfied'
~
(1) Shall be stored in the side or
(2) Shall be stacked or secured
ina stable manner so as to avoid collaose.
(3) ;;hall not exceed five IS) feet
~
(4) Combined stacks shall not
exceed a volume of five IS) feet high by ten
(10) feet wide by twenty-five (25) feet long.
15) Shall not be closer than five
feet from side or rear prooertyline unless
screened bv a solid fence or wall.
SECTION 4, Chapter 607 Section 607.06
Subd. 1 of the Mounds View Municipal Code
is hereby amended with additions underlined
and deletions stA.lsl1 Silt to read as follows:
607.06: OUTSIDE
STORAGE:
PARKING AND
~ 1. QafiRiti8A8: \.(,",eR Yee8 iR t~i8
€S9tieR, tRe fells'riREt '"'eF8s ElRe ~f;:tre.8SS
8R8lrRw'e tRS fRS8RiREtB 8e8ri8e8 18 tA8fR iR
tRia 8w8e1i' 'ieisR:
8.PRg~lrY^RQ^RIi,": ^II tl:lat &Fe8
8et'''seR tRe freAt prep8Ry liRe aRB 8 IiRS
8FWA'R 818R3 tRe frsRt faes sr t8ee8 sf tRS
pFiR9i~18 BtFY9tYF8 8A tRe pn;Jl8~' euteRelee
t8 tAe siel8 fUSP9Ftj !iR8S Tl:;)e trsRt eiels sf
tR8 f3rspBRy 81:;)9.11 '8S eletsfFRiR88 8S SJl8sifie8
iR Htla 11 QQ ef tRis ('sEls
B g~C"P^Hi' ^RY parseR 1i"iAg iR ef
iR seRtFel 8f 8.RY e'''elliRg WAit wl3eR I3fS138Ry
, IRsrsiR 8 FAeter "eRiets is I38.Flte8
s, Ir1PRQ\I~Q ~"R~^CIi' ^R ifRl3re'J8S
8wFfQes sRal! FRa8R 8 sri"9 '~. ar p8FldRS
afeB. e8RetfYeteel Sfae13R81t, 'eaR8re'te, Brielt
~r a ~aflgRg efee ef gfwJsl eSRstfystisR
(Q88SFEliRS t~)~_A-~~'gg, eYBsj"ieisR-;
sf tRis Csels). (Qrel. i~9, 7 ~? 98)
s Ir1PRQ"Ii!;? ~I 'RR^~Ii!, PIiRM.~
~JIi~):P PSFFA8ReRt iFAIiUS"SEI' s~u;fe88s afe
tRses 8eR8weteel, st li8I3Malt" 88Fi8fete Sf
Brieh: (QFeI i~g, 7 ~: Q8)
e. \'iWICllli QR \'I!!HI~b.li;i' ^RY \SRi
918 88 safiRes iR t 1iRReeEMa gt&tmes 88 II
S'ler:, el8'~8S ifil, "1EI8R, Sf ~~' .'hieJ:l BAY 1E18f
~
. SECTION 5. Chapter 607 Section 607.06
Subd. 2 of the Mounds View Municipal Code
is hereby amended with additions ~
and deletions ~to read as follows:
Subd. ~. 1., Declaration Of Nuisance:
SECTION 6, Chapter 607 Section 607.06
Subd. 3 of the Mounds View Municipal Code
is hereby amended with additions ~
and deletions ~to read as follows:
Th
Subd. :i. g. Unlawful Parking And
Storage:
c. No person shall cause, undertake,
permit or allow the outside parking and stor-
age of vehicles ~
QitL~unlessit
complies with the follollVing requirements:
(1) Vehicles which are parked or
stored outside shall be parked upon an
"improved surface", as defined in this Code.
(Ord. 620, 7-27-98)
(2) All vehicles, watercraft and
other articles stored outside on residential
property must be owned by a person who is
a legal resident of that property.
d. No person owning, driving or in
charge of any vehicle with a ~ weight
classification higher than. "E" 16.001-9,000
~as identified on the license plate and
specified in Minnesota Statutes, may cause
or permit that vehicle to be parked outside or
stand continuously for more than two (2)
hours o_n residential property or public street
within a residential zone in the CitY.
e. No person owning, .drivino or in
charae of any vehicle with more than one
rear axel chassis design may cause or Dermit
that vehicle to be parked outside or stand
continuouslv for more than two 12\ hours on
residential DroDerty or Dublic stre~t. within a
residential zone in thelCity. "..
~
~
"'",-
~
~
~
~
~
jWRhe8 sr al;aR8eRael ,"et:liele if Beiel . 'slotisls
8888 Ret t;la"s alta9J;rea t~8r9t8 a ''filis SR"
eWrFeRt IiSSR8e filiate iS8NSel ~y tRa f)f8fj8r
i.:tate 8fJ8RSY. ~
SECTION 10, Chapter 607 Section
607.06 Subd. 7 of the Mounds View
Municipal Code is hereby amended with
additions underlined and deletions ~
to read as follows:
QQZQZ VehiCles Constitutln9 a Public
Nuisance .. . . .
Subd. +. 1.. AIlElts~sFlt 9f \!eRisl8"s:~"
Findings and PUI:pose:
." ., "'c,' ': ".,,,')' '",.."
\," ., "e,;:, 't~~~i~~~.Bi:''''fk~ ie'IiB8;,a~,r;'-,
ear 9r. et~8r -galy' Qyt~eF&i.eel fiI~AJ~R "FR~Y
. Subd:"--g:"Anyperson Wholioiindonsa'. :=8~'::~: :=:i:i~ ::..,..:
vehicle on any, public ,or orivate pfQOArty , ~..,. " ,," ~_ ",' _~- ,,,.., .', ,Fn", RO. f-.
without the-consent-of the oerson in control of ' iIflPSIlAeI8e1']:1l8 i~~SIlAelSEl . .sRiols sR81llls
the orooertv is guilty of a misdemeanor. sIlFrBl'lEle~ tS'tRS elllly ielSFltilieel,~;uAsr Ily
tR~ t9i..iAB 8sRtraeteT aRty Yt'eRflSyFA8At af
tRe FeElYiFsel i"'~eYReI, tS'!'iRi BRei etSRii!1l8
fees.
SECTION 7. Chapter 607 Section 607.06
Subd. 4 of the Mounds View Municipal Code
is hereby amended with additions underlined
and deletions strl>lsll Silt to read as follows:
Subel. 4. Exceptions: The prohibitions
of this Section shall not apply to the following:
c. Any recreational vehicle owner
bv a person who is a legal resident of the
oroDerty where said vehicle is parked. or
stored shall be specifically excluded from the
reauirements set forth in Subdivision 2d, and
2e. of this Section' . I
SECTION 8. Chapter 607 Seciion607.06
Subd. 5 of the MoundsView Municipal Code
is hereby amended with additions underlined
and deletions Btrllsll Slit to read as folloWs:
~ Ii €peeial PFs"ieisRB
^l3aRElsAsel Qr lR8,:a8F9.Ble \~RieI88'
8 QefiRitieRs' rer ~YFt:l88e8' sf
tt:lie ~e8ti8R tR8 felle"'iRi "'sr88 81i911 toter 'e
tt:le ~s8:RiRfJ8 B1388iti88 Be18' .:
I
(1) ,^~^~JQg~JLQVIiWI~b.i: P.
FRster "eRiele tReM t:lae fSA'laiReel fer 8 ,sTisiI
sf JiI:Isre tR8R f8Ft" eigl:;)t (18) RBYF8 8R pl!llelie
I're~eFt.; me~8l1y sr laehiRg "ital 88FRf38R8Rt
paRe, Sf tl:18t 1:198 fSFAaiR'sEf fer a f3SReEt ef
R'lsre tRaR feR}' eiSRt (18) R8YF8 SR f3Fi.JQts
f3ref38Ftl ,..itR Sf 'xitRewt seRseRt ef tRe f38r
seR iA eeRtfal af 8weR f3FapeFty, YAlese it is
hel3t iR QR eRsle988 S8Faga sr eter8gs B~i1E1
iR~.' It sRaf( 8188 FAeaR 8 R'lQ1Sf BRiere vel
. YRtarily 8wrFElRElereElliy its s;'~8r tetl:;)8 ~iqr
sr t8 a FRS 'iR~ S9RtF8eter Rireei .,:/ tRe ~it;. fer
its F8FRS' "81.
~) Ir/gp,"r;jAlibli OO~JQ/
TIQ~J' TRe "sl:;)iele R8e RS E1wleet8Rtiat peteR
ti~ weEl seAeieteAt "'itR its ysyal fYReti8R, aRs
,stolen iRelyse a "eRiels tRat. Q) R8e a FAi88iRfiI
er eiefe9ti 8 paR tl:let is Ree88e8f'j fer tRe R8r
FAal spsretieR 81 tR8 ' 'sl:tisl8, Sf Ii) ie st8F8S
SR lilsah:e er j8elte Sf stf:lsr eY~flsFte
(~) .J1d~1I{~\/~tll~lli' ^R iFl813
sFalil8 FRster "gRists '''RiaR i~ p8Ri811y elie
A18R~89,">Riel<1 is wess fef 8Ell8 8t paRe er 88
a 8gyreB sf Fe138ir er Fepl8.9SFRSRt 138R9 fer
etRer "sl:Iiels8, Br"'l:Ii8R ielt8f3t f~r S8F8.I3PiRg,
EiiSFR8Rt!iRS ar 981' '8g8 ef BRY liiRS,YRI888
eyeR "elotists ie, 1i,8pt iR 8R8R818S88 geFa!Js
.~. jWRlt '~Ri818,19I:talf ale8 b888Asisere8 SA
8li8A8eReel . 'sl:Iiele fer tl:ls f3YFPee8 8f tRie
~
\}I!JalJCbi'
. (1) ng;rQR \Iliiiloll~bliii QR
il=iall Rave tAe J:RS8RiRI 88R
,f'
/
B' ,gale: ~leti88 ElRS e81e 8f 8RY
. eRials iFAf38YRaeEl ..R8er l:1ie ~Rel3t8r el:tall
BS S8RBYetSeI iR 8e8eFElaR88 '''itf:l r 1iRR88eta
€tatWt88, elotSf3tSf 1€81!1, 6s"eFFliRB tRe 8al8 ef
B.B8RB8RaEl R'l8ter ueRi8188. (Qf8 aSe,
~
a. Abandoned Junk. and Unsafe
vehicles constitute a hazard to the health and
welfare of the citizens of the City of Mounds
View in that such vehicles can. harbor nox-
ious . diseases furnish shelter and breeding
places for vermin present ohysical dangers
to the safety and well-being of children and
other c;;itiz.ens, invite plundering and create
fire hazards. Motor vehicles contain fluids
that if released into the environment can and
do cauSe significant health risks to the citi-
zens of Mounds View, The condition of vehi-
cles that are abandoned iunk, or unsafe sig-
nificantlvincrease the likelihood that these
dangerous fluids might be' so released
Abandoned. iunk or unsafe vehicles and
other scraD mlltals also conStitute a blight on
the landscape of the City and therefore a
detriment to the llnvironment. The abandQQ>
ment and retirement of vehicles and other
scrap metals constitutes a waste of a valu-
able source of useful metl;!t It is therefore in
the Dubllc interest that the Dresent accumula-
tion of abandoned and iunk vehicles antr"'"
other scran metals be eliminated that future
abandonment of vehicles and other scrap
metals be Drevented that the exoansion of
existing scrao recycling. facilities be devel-
ODed and that other acceotablQ and econom-
ically useful methods for the disDosal of
abandoned and iunk vehicles and other
forms of scraD metal be develooed.
Subd. 2. Abandoned Junk and Unsafe
Vehicles:
a. Abandoned iunk. and unsafe vehi-
cles are declared to be a public nuisance
creating a hazard to the health and safety of
the public because they invite plundering,
create tire hazards attract vermin and ores-
ent phySical dangers to the safety and well-
being of children and other citizens. The
accumulation and outside storage of such
vehicles is in the nature of rubbish. litter, and
unsightly debris and isa blight on the land-
scaoe and a . detriment to the environment.
No Derson in charge or control of any proper-
ty within the City whether as owner, tenant.
occupant lessee Qr otherwise shall store or
keep abandpned. junk and unsafe motor
vehicles on ririva~ pr Dub/ie propertv.