(A) Notice to reclaim.
(1) When an impounded vehicle does not fall within the provisions of § 90.05, the towing contractor shall give notice to the registered owner and known lien holder of the impoundment within five days, excluding Saturdays, Sundays, and legal holiday. The notice shall:
(a) State the date and place of the taking, the year, make, model and vehicle identification number of the vehicle and the place where the vehicle is being held;
(b) Inform the owner and any lienholders of the towing charges then accrued against the vehicle and shall provide a schedule of storage charges to be made by the towing contractor;
(c) Inform the owner and any lienholders of their right to reclaim the vehicle under division (B) herein;
(d) State that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within 15 days, in the case of an abandoned or junk vehicle, or within 45 days in the case of an unauthorized vehicle from the date of the notice shall 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 sale or auction pursuant to § 90.06, and that the vehicle will be sold after the expiration of the time period stated above;
(e) The notice shall be sent by United States mail to the registered owner, if any, of the vehicle, and to all readily identifiable lienholders of record; and
(f) 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 found. Published notices may be grouped together for convenience and economy.
(2) If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent, a second notice shall be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle, and to all readily identifiable lienholders of record.
(B) Reclaiming impounded vehicles.
(1) Any motor vehicle impounded under this chapter shall only be released from impoundment:
(a) To the registered owner, or person authorized by the registered owner, a lienholder of record, or a person who has purchased the vehicle from the registered owner, who provides proof of ownership of the vehicle, proof of valid Minnesota driving privileges, and proof of insurance required by law to cover the vehicle;
(b) If the vehicle is subject to a rental or lease agreement, to a renter or lessee with valid Minnesota driving privileges who provides a copy of the rental or lease agreement and proof of insurance required by law to cover the vehicle;
(c) To an agent of a towing company authorized by the registered owner, renter or lessee if the owner provides proof of ownership of or the renter or lessee provides a copy of the rental or lease agreement for the vehicle and proof of insurance required by law to cover the vehicle; and
(d) Upon payment of all towing and storage charges resulting from impounding the vehicle under this chapter.
(2) The proof of ownership, valid driving privileges and insurance and, when applicable, the copy of the rental or lease agreement shall be provided to the person or entity designated by the city as a towing contractor to provide impoundment and storage services under this chapter.
(3) Nothing in this chapter shall be construed to impair any lien of a garagekeeper under the laws of this state or the right of a lienholder to foreclose. For the purposes of this section, “garagekeeper” is an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
(4) The person to whom the vehicle is released as permitted herein shall sign a vehicle release receipt. A copy of the vehicle release receipt shall be sent to the Police Department.
(‘81 Code, § 19-75) (Ord. 228, passed 8-27-79; Am. Ord. 547, passed 12-22-92; Am. Ord. 719, passed 7-11-02; Am. Ord. 841, passed 7-24-08; Am. Ord. 923, passed 8-11-11)