(A) Notwithstanding § 95.03 of this chapter, the following shall apply to abandoned motor vehicles:
(1) The city’s Police Department shall take into custody and impound any abandoned motor vehicle;
(2) (a) When an abandoned motor vehicle is taken in custody, the Police Department shall give notice of the taking within ten days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle and the place where the vehicle is being held, shall inform the owner and any lienholders of their right to reclaim the vehicle under § 95.03(C) of this chapter, and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle be deemed a waiver by them of all right, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to § 95.03(D) of this chapter.
(b) The notice shall be sent by certified mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders of record. 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 motor vehicle was abandoned. Published notices may be grouped together for convenience and economy.
(3) The owner or any lienholder of an abandoned motor vehicle shall have a right to reclaim the vehicle from the city, upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by division (A)(2)(b) above.
(B) Nothing in divisions (A)(1) and (A)(2) above shall be construed to impair any lien of a garagekeeper under the laws of the state, or the right of a lienholder to foreclose. For the purposes of this section, GARAGEKEEPER is an operator of a parking facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
(C) An abandoned motor vehicle taken into custody and not reclaimed under division (A)(3) above shall be sold to the highest bidder at public auction or sale, following two weeks’ published notice thereof. The purchaser shall be given a receipt which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership.
(D) When an abandoned 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 shall immediately be eligible for sale at public auction, and shall not be subject to the notification, reclamation or title provisions of divisions (A)(2) or (A)(3) above.
(E) From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all notice and publication costs incurred pursuant to this chapter. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then be deposited in the city treasury.
(F) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle, as defined in M.S. § 168B.011, subd. 2, as it may be amended from time to time, that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts, or has remained for a period of more than 48 hours on private property without consent of the person in control of the property or in an inoperable condition, such that it has no substantial potential for further use consistent with its usual functions unless it is kept in an enclosed garage or storage building. A classic car or pioneer car, as defined in M.S. § 168.10, as it may be amended from time to time, and vehicles on the premises of junk yards and auto graveyards maintained and licensed in accordance with applicable state laws and local ordinances shall not be considered ABANDONED MOTOR VEHICLES within the meaning of this section.
VITAL COMPONENT PARTS. Those parts of a motor vehicle chat are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.
(G) Where no bid has been received for an abandoned motor vehicle, the city may dispose of it pursuant to contract under M.S. §§ 168B.09 and 168B.10, as they may be amended from time to time.
(Ord. 253, passed 1-6-1992) Penalty, see § 95.99