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Regular City Council Meeting Monday, July 24, 2017 Page 10 Mr. Englund advised that staff had offered to find an outlet to donate the vehicle, hoping to avoid incurring costs, but nothing had come to fruition at this point. Mr. Englund advised that this vehicle had become the subject of numerous neigh- borhood complaints and allegedly hadn't been moved in several years. Mr. En- glund noted the owner's agreement that is was inoperable and he wished to have it removed. Mr. Englund reported that the SUV also pictured had also not been moved in several years, but that the owner had successfully demonstrated to staff that it was operable. Councilmember Willmus questioned the code enforcement capability of the city since the white van had current license tabs. City Attorney Gaughan responded that the vehicle had to be operable, per city code, and typically determination was made based on whether a vehicle had cur- rent tabs and inflated tires, and if not it provided evidence of inoperability even though not limited to that definition. However, Mr. Gaughan stated that his inter- pretation of"inoperable" indicated a vehicle's inoperability, therefore under city code,he opined that the city should be able to address this particular case. Mayor Roe concurred, opining that inflated or deflated tires was only one indica- tion or option for determining operability. Councilmember Etten agreed with City Attorney Gaughan's guidance, opining that tire status may be the easy way to make a determination, but with statements made by the owner that it was inoperable, this fit into the city's nuisance code definitions; and stated his support to approve staff's requested abatement. Etten moved, Roe seconded, directing Community Development staff to abate the public nuisance at 1887 Merrill Street N by hiring contractors to remove the inop- erable vehicle and remove junk and debris; directing staff to bill the property owner for actual and administrative costs; with the property owner billed for actu- al and administrative costs; and if those charges are not paid, staff will recover costs as specified in City Code, Section 407.07B. Councilmember Willmus stated his support for removal of debris and junk from in front of the garage. However, Councilmember Willmus expressed concern with action to remove the vehicle and whether such action could be sustained if legally challenged by the owner. Councilmember Etten noted the owner's agreement to show staff that the other vehicle was operable and verbally admitting that this vehicle was not. Mayor Roe noted the owner's willingness to have the vehicle removed by donat- ing it; and suggested to staff that if it could help facilitate that at"zero" cost to the city, that seemed to address the city and neighborhood concerns, while solving a problem for the owner.