Be it ordained by the city council and mayor of the city of glen ullin, north dakota

b. “Antique motor vehicle” – any motor vehicle which is at least 40 years old and licensed as an antique vehicle in accordance with NDCC Section 39-04-10.4.

c. “Blighted structure” shall include without limitation any dwelling, garage, or outbuilding, or any factory, shop, store, warehouse or any other structure or part of a structure, which because of fire, wind, or other natural disaster, or physical deterioration, is no longer habitable as a dwelling, nor useful for the purpose for which it may have been intended.

d. “Building materials” - shall include without limitation, lumber, siding, fencing materials, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.

e. “Car enthusiast” – means the owner of one or more specialized vehicles who collects, purchases, acquires, trades, or disposes of special interest vehicles or parts thereof for his own use in order to restore, preserve, and maintain a special interest vehicle.

f. “Collector” – means the owner of one or more specialized vehicles who collects purchases, acquires, trades, or disposes of special interest vehicles or parts thereof for his own use in order to restore, preserve, and maintain a special interest vehicle or antique vehicle.

g. “Inoperative” - shall mean a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or unable to perform the functions or purposes for which a vehicle was originally constructed.

h. “Junk” - means scrap paper, scrap metal, ropes, rags, batteries, paper, trash, rubber, debris, unused stoves, refrigerators or other appliances, wrecked automobiles parts, and other old and/or scrap ferrous or nonferrous material.

i. “Junk automobiles” - shall include without limitation any motor vehicle which is not licensed for use upon the highways of the state for a period in excess of sixty (60) days and shall also include whether licensed or not any motor vehicle which is inoperable for any reason for a period in excess of sixty (60) days; provided, however, that there is excepted from this definition unlicensed but operative vehicles which are kept as a stock in trade of a regularly licensed and established new or used automobile dealer. “Junk automobiles” shall also include derby cars used or for use in demolition derbies, whether operative or licensed or not, left on private or public property in excess of 48 hours and not covered or kept within a completely enclosed building.

j. “Parts car” – means a motor vehicle generally in non-operable condition, which is owned by a collector to furnish parts to restore, preserve, and maintain a special interest vehicle or antique vehicle.

k. “Person” - shall include all natural persons, firms, co-partnerships, corporations, and all associations of natural persons, incorporated or unincorporated, whether acting by themselves or by a servants, agents, or employees. All persons who violate any of the provisions of this article, whether as owner, occupant, lessee, agent, servant or employee shall be equally liable as principals.

l. “Special interest vehicle” – means a motor vehicle, whether licensed or unlicensed, which is used for competition or exhibition by a car enthusiast and is either operative or is being diligently worked on by the car enthusiast for the purpose of making the vehicle operative, and also may be a vehicle which is at least 20 years old and which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.

m. “Trash” and “rubbish” - shall include any and all forms of debris not herein otherwise classified.
12.0502 Storage of Junk, Junk Automobiles – Contrary to Public Health and Safety-Nuisance
It is hereby determined that the storage or accumulation of trash, rubbish, junk, junk automobiles, abandoned vehicles, building materials, and the maintenance of blighted structures upon any private property within the City tends to result in blighted and deteriorated neighborhoods, increase criminal activity, spread vermin and disease and is contrary to the public peace, health, safety and general welfare of the community and therefore constitutes a nuisance.

12.0503 Unlawful to Store or Accumulate Junk, Junk Automobiles, etc.

1. 
   Within a completely enclosed building.
   
2. 
   Upon the business premises of a duly licensed junk dealer, junk buyer, or dealer in second hand goods. However, any such licensed junk dealer shall store said items in an area which shall be enclosed in a building or located behind a site fence approved by the City and shall be stored in a manner so as not to create unsightly mess, vermin harbor and disease, deterioration of neighborhoods, or in any way create a situation contrary to the public peace, health, safety, or general welfare.
   
3. 
   Upon the premises of a collector or car enthusiast for an antique vehicle, special interest vehicle, or parts car owned by a collector or car enthusiast, when covered by a secured automobile cover specifically designed to cover automobiles, while the antique vehicle, special interest vehicle or parts car are not being used or worked on. Said vehicles shall be located on such an area on the vehicle owner’s property and in a manner so as not to create an unsightly mess, deterioration of neighborhoods, spread of vermin and disease or in any way create a situation contrary to the public peace, health, safety, or general welfare. Where practicable storage should be out of sight or as near out of sight as possible from a public street or neighbors yard. The requirements of this section shall not apply to any special interest or antique vehicle which is operable and licensed to be operated on North Dakota highways.
   

12.0504 Unlawful to Dismantle Automobile Except on Business Premises

1. 
   Dismantling may take place in a completely enclosed building;
   
2. 
   Dismantling may take place upon the business premises of a duly licensed auto junk dealer or dealer in used auto or other second hand parts;
   
3. 
   Automobiles may be dismantled on private property, for purposes of making necessary repairs or improvements to said vehicles provided that said vehicles may not be dismantled for a period of time longer than sixty (60) consecutive days and that said dismantling shall be done in a manner so as not to create an unsightly mess, unreasonable noise, deterioration of neighborhoods, spread of vermin and disease or in any way create a situation contrary to the public peace, health, safety, or general welfare. In all cases, vehicles dismantled on private property shall be the property of the owner or resident of the property. Vehicles which have tires or other external parts removed from them shall be covered, as specified in Section 12.04.103 (c) of this ordinance when not being worked on.
   

1. 
   When in a completely enclosed building.
   
2. 
   When stacked in a neat and orderly manner so as not to be unsightly. No storage method or arrangement shall be allowed if it presents a safety or health hazard or contributes to the spread of vermin or disease.
   
3. 
   When building materials are part of the stock in trade of a business located on the property.
   

b. Upon the failure, neglect, or refusal of the person so notified to abate and remove the nuisance stated in the notice, within ten (10) days following the service of the notice in accordance with Section 12.0507(a), the Sheriff’s Department is hereby authorized and empowered to pay for the abatement and removal of said nuisance. If any such notice is attempted to be served by certified mail and is returned to the Sheriff’s Department because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant, or agent of the owner and the Sheriff’s Department is unable to contact such owner, occupant or agent in person, by telephone or otherwise upon reasonable effort, the Sheriff’s Department may, upon the expiration of twenty (20) days following the attempted mailing of such notice, pay for the abatement of the nuisance or order its removal by the City. In order to abate said nuisance, the Sheriff’s Department or its agents are authorized to enter upon the premises described in the notice and take reasonable steps as required to abate the nuisance, and such actions, if reasonable and undertaken in good faith, shall not constitute trespass or conversion.

c. The costs of abatement or removal of the nuisance which are incurred by the City shall be certified by the Sheriff’s Department to the City Auditor for assessment against property. If the property has any value, it may be disposed of as previously provided, and the funds therefore shall be first applied to the expenses for the abatement, and any balance returned to the owner of such property if the owner can be located within sixty (60) days of its disposition. If the owner cannot be located within that time, the balance shall be deposited in the funds of the City of Glen Ullin.

d. Such removal by the police department shall not excuse or relieve any person of the obligation imposed by this ordinance to keep his property free from storage or accumulation of junk automobiles or abandoned vehicles, or parts thereof, or from any other violation of this ordinance, nor from the penalties for violation thereof.

Adoption of the foregoing Ordinance was moved by Council Member Tina Haverluk, seconded by Council Member Gary Glasser; Council Members :Audrey Duppong, Gary Glasser, Tina Haverluk, Kevin Kloosterman, Randy Martwick and Doug Martwick voting for adoption and NONE against, and the Ordinance was approved and duly adopted this 11th day of January, 2016.

CITY OF GLEN ULLIN:

Ray Haverluk, Mayor

Vicki Horst, City Auditor

First Reading: November 9, 2015