HomeMy WebLinkAboutgr00090_000034_pg071Attorney Meyers 'reported that some time ago the Council instructed the
Administrator to work on a Junked and Abandoned Vehicle Ordinance and that
he had taken some of Mr. Zylla's work and put it into a suggested amendment
to the Code. Attorney Meyers read the suggested amendment to Chapter 90.04
entitled "Junked and Abandoned Vehicles ".
Mayor Neisen questioned Subdivision 4 of the proposed amendment: Abandoned
Motor Vehicle. A motor vehicle will be considered abandoned if (1) it
has remained illegally parked for a period of more than 48 hours on public
property and /or it is lacking vital component parts. Exception was taken
to the "and /or" within the sentence. Mayor Neisen also wanted to know what
is illegally parked ". Attorney Meyers stated that you can park on a public
street for 48 hours if the car is an operating car. Mayor Neisen then asked
that if the car is parked there for more than 48 hours is it illegal and
Attorney Meyers said no it is just an abandoned vehicle if it is illegally
parked for a period of more than 48 hours on public property and /or it is
lacking vital component parts.
Councilman Johnson asked Attorney Meyers that if there was a car parked
on public property which has all of its component parts but is illegally
parked for 48 hours would you then consider that car an abandoned vehicle.
Attorney Meyers said it would not be considered an abandoned car but is
possibly just illegally parked under some other ordinance.
Councilman Johnson wanted to know what would happen if the word "or" was
taken out of the proposed ordinance and Attorney Meyers said as far as he
was concerned it did not change it. Both criteria were being met.
Attorney Meyers stated that we have a junked vehicle ordinance now and the
way it is enforced now is that if the vehicle doesn't have a current license
plate they tag it and have it removed and apparently it isn't far reaching enough
and not doing the job.
Mrs. Carlson, 2646 Clearview asked if in this City you could leave your car
parked without moving it for a week and there is no way to legally have that
car removed if it is in running order. Attorney Meyers said if it is in
running order, not in the middle of the street, or facing the wrong way under
the present ordinance it is not illegal.
Jim Nerdahl, 7941 Edgewood asked what had been mentioned about abandoned
vehicles on private property. Mayor Neisen read, (2) (a) of Subdivision 4.
"It has remained for a period of more than 48 hours on private property
without the consent of the occupant of such property, or (b) it has remained
for a period of more than 48 hours on private property with or without the
consent of the occupant in an inoperable condition because of the lack of vital
compenent parts or because of the extent of damage to said vehicle that renders
it inoperable."
Mr. Nerdahl stated that that was very harsh. He said a man needs a little
more time than 48 hours to decide what he is going to do with a car. For
example, if he had an accident and the car was smashed to have to make a
decision in 48 hours would be pretty strict. Mayor Neisen asked him what would
be more reasonable and Mr. Nerdahl replied that if he was in the hospital
for a week or two because of an accident that at least 30 days would be more
feasible. He said there is a difference between penalizing people and eliminating
junk and that you can't even get an insurance company to answer their telephone
within 72 hours.