(A) (1) It shall be unlawful, except as provided in division (B) below, to keep, park, store or abandon any motor vehicle which is:
(a) Not in operating condition;
(b) Partially dismantled;
(c) Used for repair of parts or as a source of repair or replacement parts for other vehicles;
(d) Kept for scrapping, dismantling or salvage of any kind; or
(e) 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.
(2) Any such vehicle shall be deemed for purposes of this section to be an “inoperable motor vehicle.”
(B) This section does not apply to a motor vehicle which is:
(1) Enclosed in a building and/or kept out of view, with a privacy fence or otherwise, from any street, road or alley, and which does not foster complaint from a resident of the city.
(2) Is stored or parked on private property of the owner thereof, or a member of his or her family, for the purpose of making repairs thereto, or for the purpose of evaluating and inspecting damages or necessary repairs, provided that:
(a) At all times while the vehicle is so stored, at least one-half of the total number of wheels of the vehicle are in contact with the ground;
(b) Only one vehicle may be so stored or parked at any one time; and
(c) The vehicle so stored does not remain there for a period of more than 14 days.
(C) If the registered owner of any inoperable motor vehicle, or if the owner or person in lawful possession or control of the property upon which the inoperable motor vehicle is located, shall fail, neglect or refuse to remove or house the inoperable motor vehicle in accordance with this section, the City Administrator/Clerk-Treasurer, or the Police Department, may remove and dispose of the inoperable motor vehicle in the following manner:
(1) Immediate sale. When an inoperable motor 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 immediately shall be towed. The owner of any such towed inoperable motor vehicle is required to abide by the process of the tow company including any and all tow fees, storage fees, and all other reasonable costs.
(2) Notice.
(a) When an inoperable motor vehicle does not fall within the provisions of division (1) above, the City Administrator/Clerk-Treasurer or the Police Department shall give, or cause to be given, within ten days of the taking, to the vehicle owner and any lienholders, written notice setting forth the date and place of taking, the year, make, model and serial number of the inoperable motor vehicle, and, if the information can be reasonably obtained, the place where the vehicle is being held. The notice shall inform the owner and any lienholders of their right to reclaim the vehicle under division (3) below and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed to be a waiver by them of all right, title and interest in the vehicle and a consent to the sale of the vehicle in accordance with the towing company’s policies.
(b) The notice shall be sent by mail to the registered owner, if any, or to the person in lawful possession or control of the property upon which the vehicle was located, and to all readily identifiable lienholders of record. When an inoperable motor vehicle is found on public property, 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 inoperable motor vehicle was found. Published notices may be grouped together for convenience and economy.
(3) Right to reclaim. The owner or any lienholder of an inoperable motor vehicle or any person in lawful possession or control of the property upon which the inoperable motor vehicle was found shall have a right to reclaim the inoperable motor vehicle from the tow company in accordance with the company’s policies and procedures.
(4) Entry upon private property for removal or abatement. In the event that an inoperable motor vehicle is located on private property in violation of this section, the City Clerk-Treasurer, or the Police Department, or its designee, may give ten days’ written notice, either by certified mail/return receipt requested or by personal service, to the registered owner of the vehicle, or to the owner or occupant of the real estate, which directs the abatement of the violation within ten days. In the event that the violation is not abated within such ten day period, the City Clerk-Treasurer or Police Department, or its designee, may and is hereby expressly authorized to enter upon the private property for the purpose of abating the violation and removing the inoperable motor vehicle. The cost of the removal and storage shall be billed to the owner of the inoperable motor vehicle and/or owner or occupant of the real estate, and if not paid, may be certified to the real estate as a special assessment.
(Am. Ord. 87, passed 5-19-2020) Penalty, see § 90.99