05-04 Nuisances
ORDINANCE NUMBER 05-04
AMENDING CHAPTER 52 OF THE MOUNTAIN IRON CITY CODE
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
SECTION 1. AMENDING SECTION 52.03. Section 52.03, Blighting Factors, is hereby amended to include the following as Section 52.03 Subdivision 5:
Subd. 5. NUISANCE PARKING AND STORAGE.
(A) Declaration of nuisance. The outside parking and storage on residentially-zoned property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (e) decreases adjoining landowners’ and occupants’ enjoyment of their property and neighborhood, and (f) otherwise adversely affects property values and neighborhood patterns.
(B) Unlawful parking and storage.
(1) A person must not place, store, or allow the placement or storage of ice fish houses, skateboard ramps, playhouses or other similar non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residential property unless more than 100 feet back from the front property line.
(2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by a fence or as provided for in Chapter 22 of the City Code.
(3) A person must not cause, undertake, permit or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements:
(a) No more than four licensed and operable vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. This maximum number does not include vehicles of occasional guests who do not reside on the property.
(b) Vehicles that are parked or stored outside in the front-yard area must be on a paved or graveled parking or driveway area.
(c) Vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property.
(C) These provisions are in addition to any provisions provided for in Chapter 22 of the Mountain Iron City Code.
SECTION 2. AMENDING SECTION 52.03. Section 52.03, Blighting Factors, is hereby amended to include the following as Section 52.03 Subdivision 6:
Subd. 6. INOPERABLE MOTOR VEHICLES.
(A) It shall be unlawful to keep, park, store or abandon any motor vehicle which is not licensed and in operating condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation with the state, pursuant to M.S. § 168B.011, Subd. 3, as it may be amended from time to time.
(B) This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road or alley by a fence allowed under Chapter 22 of the City Code, and which does not foster complaint from a resident of the city. A privacy fence is permissible.
(C) Any motor vehicles described in this section constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish a shelter and breeding place for vermin and present physical danger to the safety and well-being of children and citizens; and vehicles containing fluids which, if released into the environment, can and do cause significant health risks to the community.
(D) These provisions are in addition to any provisions provided for in Chapter 22 of the Mountain Iron City Code.
SECTION 3. AMENDING SECTION 52.03. The following sentences in Section 52.03 Subd. 2C, Junk automobiles and equipment, of the Mountain Iron City Code are hereby deleted:
In any area not zoned for junkyards or salvage yards, the storage of junk automobiles is prohibited. For the purpose of this Chapter, the term “junk automobiles” shall include any motor vehicle, part of a motor vehicle, or former motor vehicle, stored in the open, which is currently unlicensed, unregistered or inoperable. As long as above-mentioned vehicles are covered that is accepted, covered meaning not observable.
SECTION 4. INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 20TH DAY OF DECEMBER, 2004.
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Mayor Gary Skalko
Attested:
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City Administrator
