Ordinance 048V♦ •
VILLAGE OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 48
AN ORDINANCE RELATING TO WRECKED, ABANDONED, PARTIALLY DISMANTLED
VEHICLES, DECLARING THE SAME TO BE A NUISANCE, PROVIDING FOR THE RE-
MOVAL OF SUCH VEHICLES FROM PUBLIC AND PRIVATE PROPERTY AND IMPOSING
PENALTIES.
THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS:
Section 1. Declaration of Public Nuisance.
Abandoned, wrecked, junked, partially dismantled or inoperative vehicles
within the Village of Chanhassen are hereby found to create a public nuisance
tending to reduce the value of private property, to invite plundering, to create
fire hazards , to attract vermin, and to constitute an attractive nuisance creating
a hazard to the health and safety of the public. The accumulation and outside
storage of such vehicles is determined to be in the nature of rubbish, litter and
• unsightly debris , and a detriment to the environment, and is hereby declared to
constitute a public nuisance which may be abated as provided herein or as pro-
vided under any other ordinance of the Village of Chanhassen or by the laws of
the State of Minnesota.
Section 2. Definitions
2.01 For the purposes of this ordinance certain terms and words are
defined as follows:
"Vehicle" means any machine as defined under Minnesota
Statutes, Section 168.011 or 169.01 , and includes snow-
mobile and trailers.
"Abandoned vehicle" means a vehicle, as defined above, that
has remained for a period of more than 48 hours on public
property illegally or lacking vital component parts , 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 such that it has no substantial potential
further use consistent with its usual functions 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
Village. A classic car or pioneer car, as defined in Minnesota
Statutes, Section 168. 10, shall not be considered an abandoned
vehicle.
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Section 3. Parking and Storage of Abandoned, funked, Dismantled
Vehicles Prohibited.
3.01 No person shall park, store, or leave, or permit the parking,
storing or leaving of any abandoned vehicle or any vehicle which is in a wrecked,
junked, partially dismantled, or inoperative condition upon any property, including
private property, within the Village for a period in excess of 48 hours unless (a)
such vehicle is completely enclosed within a building; (b) such vehicle is stored
or parked on private property in connection with a duly licensed or authorized
commercial enterprise operated and conducted pursuant to law when such parking
or storing of vehicles is necessary to the operation of the commercial enterprise;
or (c) such vehicle is stored or parked on private property of the owner thereof,
or a member of his family, for the purpose of making repairs thereto, provided
that at all times while said vehicle is so stored at least one-half (1/2) of the
total number of wheels of said vehicle are in contact with the ground and only one
such vehicle be so stored or parked at any one time. In the event a vehicle is stored
or parked as provided in (c) hereof, said vehicle may be so stored or parked for a
period not to exceed �— days, after which time said vehicle shall be deemed
"abandoned".
Section 4. Failure to Remove Misdemeanor.
• 4.01 Any person who abandons a motor vehicle on any public or private
property, without the consent of the person in control of such property, or any person
who fails, neglects or refuses to remove the abandoned, wrecked, junked, partially
dismantled or inoperative vehicle or to house such vehicle and abate such nuisance
in accordance with the provisions of this ordinance shall be guilty of a misdemeanor.
Section 5. Immediate Sale.
5.01 When an abandoned vehicle is more than seven model years of
age, is lacking vital component parts , and does not display a license plate currently
valid in Minnesota or any other state or foreign country, it shall immediately be
eligible for sale at public auction, and shall not be subject to the notification or
reclamation provisions of Sections 6 and 9.
Section 6. Notice.
6.01 When an abandoned vehicle does not fall within the provisions of
Section 5, the Village Clerk, Police Chief, or police officer of the Village of Chan-
hassen shall give, or cause to be given, within ten (10) days of the taking, written
notice setting forth the date and place of taking, the year, make, model and serial
number of the abandoned vehicle and the place where the vehicle is being held, shall
• inform the owner and any lienholders of their right to reclaim the vehicle under
Section 9, and shall state that failure of the owner or lienholders to exercise their
right to reclaim the vehicle shall be deemed a waiver by them of all right, title, and
interest in the vehicle and a consent to the sale of the vehicle at a public auction
pursuant to Section 6.
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6.02 The notice shall be sent by mail to the registered owner, if any,
or person in lawful possession or control of the property upon which said vehicle was
abandoned and 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 abandoned. Published notices
may be grouped together for convenience and economy.
Section 7. Removal by Village.
7.01 If the registered owner of any vehicle which is in violation of this
ordinance or if the owner or person in lawful possession or control of the property
upon which such vehicle is 1"cated shall fail, neglect, or refuse to remove or house
such vehicle in accordance with this ordinance, the Village Clerk, Police Chief
or other officer of the Village of Chanhassen may remove and dispose of such
vehicle in accordance with the provisions of Section 8 hereof.
Section 8. Public Sale.
8.01 An abandoned vehicle taken into custody and not reclaimed under
Section 9 shall be sold to the highest bidder at public auction or sale, following
ten (10) days published notice thereof in the legal newspaper for the Village. The
purchaser shall be given a receipt in a form prescribed by the Minnesota Pollution
Control Agency 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.
8.02 From the proceeds of the sale of an abandoned vehicle, the
Village of Chanhassen shall reimburse itself for the cost of towing, preserving and
storing of the vehicle, and all notice, publication and administrative costs incurred
pursuant to this ordinance. Any remainder from the proceeds of a sale shall be held
for the owner of the vehicle or entitled lienholder for 90 days and if not claimed,
shall thereafter be deposited in the Village treasury.
Section 9. Right to Reclaim.
The owner or any lienholder of an abandoned vehicle or any person in lawful
possession or control of the property upon which said vehicle was abandoned shall
have a right to reclaim said vehicle from the Village of Chanhasse upon payment of
all towing and storage charges and an administrative fee of $ ;-25 oo resulting
from the taking of the vehicle into custody within 15 days after the date of the notice
required by Section 6.
. Section 10. Entry upon Private Property for Removal or Abatement
Any person, at the direction of the Village C1erk,Police Chief, or any other police
officer of the Village is hereby expressly authorized to enter upon private property for
the purpose of enforcing this ordinance.
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Section 11. Prohibition on City Streets.
It is unlawful for any person to abandon a vehicle in the right-of-way of
highways, roads and streets within the Village. No person shall park or leave
any vehicle in a wrecked, junked, partially dismantled or inoperative condition
in a right-of-way of any street, provided that a reasonable time, not to exceed
24 hours from the time of disability is permitted for the removal or servicing of
a disabled vehicle in an emergency caused by an accident or sudden break -down
of the vehicle.
Section 12. Liens.
Nothing in this ordinance shall be construed to impair any lien of a garage -
keeper under the laws of this state, or the right of a lienholder to foreclose. For
the purposes of this section "garagekeeper" is 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 of motor vehicles.
Section 13. Penalties.
Any person, firm or corporation violating any provisions of this ordinance
• shall be guilty of a misdemeanor and upon conviction thereof shall be punished by
a fine of not more than $300.00 or by imprisonment for not more than 90 days, or
both. Each day that a violation exists shall constitute a separate offense.
Section 14. Effective Date.
This ordinance shall take effect and be in force from and after its publication.
Adopted this 15th day of May , 1972.
I
MAYOR
ATTEST:
CLERK