ORDINANCE NO. 271, THIRD SERIESAN ORDINANCE RELATING TO ACCUMULATIONS OF MACHINERY, VEHICLES, HOUSEHOLD APPLIANCES, ETC. AMENDING CITY CODE SEC. 10.56, SUBD. 4, P IN ITS ENTIRETY, ADDING A NEW SEC. 10.59 RELATING TO NOTICE OF VIOLATION, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONSTHE CITY OF LUVERNE DOES HEREBY ORDAIN:SECTION 1. That City Code, Sec. 10.56, Subd. 4, Paragraph P, be hereby repealed and recreated to read as follows: P. The outdoor storage of abandoned, junked, discarded or unlicensed vehicles, whether self propelled or towed, upon private property within the City of Luverne is hereby declared to be detrimental to the health, safety and general welfare of the community, aesthetically unattractive and detracting from the enjoyment of the environment by said residents, tending to depreciate neighborhood property values, and is an infringement on their properties and homes. The same also constitutes a potential nuisance to the community and may imperil safety. The control of the outdoor storage of abandoned, junked or discarded vehicles, seldom or never used recreational vehicles or trailers is therefore regulated for the preservation of the health, safety and general welfare of the City of Luverne. In addition, the accumulation or storage of discarded, worn out, inoperable materials or items which are no longer used for the purposes for which they were manufactured or made is hereby declared to be detrimental to the public health, safety and general welfare of the community, aesthetically unattractive and detracting from the enjoyment of the environment by said residents, tending to depreciate neighborhood property values, and is an infringement on their properties and homes. The same also constitutes a potential nuisance to the community and may imperil safety. The control of the accumulation and storage of such items and materials is therefore regulated for the preservation of the health, safety and general welfare of the City of Luverne.1. It shall be unlawful for any person or persons, firm company, partnership or corporation, either as a private property owner, vehicle owner, occupant, lessee, agent, tenant or otherwise, to openly store or deposit or cause or permit to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle or vehicles, whether self propelled or towed, or parts or pieces thereof, on any private property within the City of Luverne, except as permitted in junkyards as described in other sections of this Code, unless such vehicle or part or piece thereof is stored or deposited in a completely enclosed building. The covering of said vehicles with a tarpaulin or car cover of any type will not be permitted and will be deemed a violation of this Code. 2. It shall be unlawful for any person or persons, firm, company, partnership or corporation, whether by principal or agent, to park, store or permit to be parked or stored any abandoned vehicle or vehicles, whether self propelled or towed, on the public streets or alleys of the City of Luverne. 3. The parking of any type vehicle or vehicles including automobiles, trailers, campers, camper shells, utility vehicles, snowmobiles and boats, whether self propelled or towed, shall be limited to three (3) per residential unit and shall be parked in garage, carport, parking pad or driveway of said residential unit. All such vehicles shall be in operable condition and must be currently registered or licensed. 4. No vehicles, whether self propelled or towed, shall be parked or kept in the front or side yard area of a residence. Properly licensed and operable vehicles may be stored in the rear yard of a residential unit; however, such storage is limited to a maximum of three (3) vehicles. Parking areas, other than the principal driveway, must maintain a minimum 3-foot setback from lot lines and 10 feet from the principal structure. For this section definitions as described in Minnesota Statutes § 168B.011 shall apply.5. At all times that a vehicle which is being repaired or restored is not being worked on, said vehicle shall be covered by a vehicle cover capable of resisting wind, rain and other weather-related circumstances. The area where the vehicle is being repaired or restored shall be free of debris, litter, discarded parts or equipment. The vehicle cover must cover the entire vehicle and be securely fastened to the vehicle. The use of bricks, stones, blocks or other material as a fastener shall not be permitted. Any such vehicle repairs or restoration shall be limited to a period not longer than 30 calendar days or the area wherein the vehicle is being repaired or restored shall be in an enclosed structure. 6. No vehicle, whether self propelled or towed, shall be stored or parked on any portion of the required front yard setback area, and in the case of a corner lot both setback areas adjacent to the streets. 7. No person operating a business within the City of Luverne shall display or permit to be displayed any vehicle, whether self propelled or towed, for sale, unless he/she has obtained a license from the State of Minnesota to operate as a car dealer and operates under the regulations specified in that license. 8. No vehicle, whether self propelled or towed, shall be parked or stored or offered for sale on any vacant property in the City of Luverne unless the property is zoned appropriately and a designated parking area for vehicle display has been established. The display or storage of vehicles on such sites shall be in compliance with other provisions of this Code in regard to time limits for parking. 9. No person shall store or accumulate any worn out or discarded materials or items which are no longer used for the purposes for which they were manufactured or made, including, but not limited to, motor vehicle parts, motor vehicle waste, household appliances or parts thereof, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard or other debris, brush or materials. This section does not apply to persons and sites licensed as solid waste or recycling operations. 10. Tires, for sale at an appropriate business location, shall be stored in a totally enclosed structure or securely covered to prevent the collection of stagnant rain water. Any tires not stored in such a manner shall be considered waste material and must be disposed of in a proper and lawful manner to prevent the collection of stagnant rain water in said tires. 11. Cans, buckets, pots, tires, pools, and other similar containers that may hold standing/stagnant water are considered potential breeding grounds for mosquitoes and are thus considered a public nuisance and must be removed. SEC. 2. That City Code, Section 10.59, be hereby established to read as follows:SEC. 10.59. VIOLATIONS. Subd. 1. Violations.A. Violations of this Section of the Luverne Municipal Code shall be subject to the enforcement provisions and procedures established in Chapter 13 of the Luverne Municipal Code. SEC. 3. This ordinance takes full force and effect seven (7) days after its publication.(1-6)