Subd. 1. Abandoned vehicles.
A. Findings and purpose. M.S. Chapter 168B, and Minn. Rules Chapter 7035, as they may be amended from time to time, are hereby adopted by reference. Subdivisions 1.A. through 1.K. of this code are adopted under the authority of M.S. § 168B.09, Subd. 2, as it may be amended from time to time. If any of these provisions are less stringent than the provisions of M.S. § 168B or Minn. Rules Chapter 7035, as it may be amended from time to time, the statute or rule shall take precedence.
B. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. ABANDONED VEHICLE.
a. A motor vehicle, as defined in M.S. § 169.01 as it may be amended from time to time, that:
i. Has remained illegally:
A. For a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or
B. On private property for a period of time, as determined under subdivision 1.D.2., without the consent of the person in control of the property; and
ii. Lacks vital component parts or is in an inoperable condition 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.
b. A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended from time to time, is not considered an abandoned vehicle.
c. Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with M.S. § 161.242, as it may be amended from time to time, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles.
d. A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ or court order is in effect.
2. DEPARTMENT. The Minnesota Department of Public Safety.
3. IMPOUND. To take and hold a vehicle in legal custody. There are two types of impounds: public and nonpublic.
4.
IMPOUND LOT OPERATOR or OPERATOR. A person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles. OPERATOR includes an operator of a public or nonpublic impound lot, regardless of whether tow truck service is provided.
5. JUNK VEHICLE. A vehicle that:
a. Is three years old or older;
b. Is extensively damaged, with the damage including things as broken or missing wheels, motor, drive train or transmission;
c. Is apparently inoperable;
d. Does not have a valid, current registration plate; and
e. Has an approximate fair market value equal only to the approximate value of the scrap in it.
6. MOTOR VEHICLE or VEHICLE. Has the meaning given “motor vehicle” in M.S. § 169.01, as it may be amended from time to time.
7. MOTOR VEHICLE WASTE. Solid waste and liquid wastes derived in the operation of or in the recycling of a motor vehicle, including such things as tires and used motor oil, but excluding scrap metal.
8. MPCA or AGENCY. The Minnesota Pollution Control Agency.
9. NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot.
10. PUBLIC IMPOUND LOT. An impound lot owned by or contracting with a unit of government under subdivision 1.J.
11. UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment pursuant to subdivision 1.D.2., or M.S. § 169.041 as it may be amended from time to time, but is not a junk vehicle or an abandoned vehicle.
12. UNIT OF GOVERNMENT. Includes a state department or agency, a special purpose district, and a county, statutory or home rule charter city, or town.
13. VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including such things as the motor, drive train and wheels.
C. Violation to abandon motor vehicle. Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of the property, is guilty of a misdemeanor.
Penalty, see § 1.99
D. Authority to impound vehicles.
1. Abandoned or junk vehicles. The City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle if the vehicle is on public property. If the abandoned or junk vehicle is located on private property, the vehicle shall not be removed or impounded until the provisions of subdivision 1.D.3. are complied with.
2. Unauthorized vehicles. The City Clerk, or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any unauthorized vehicle under M.S. § 169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time:
a. In a public location not governed by M.S. § 169.041, as it may be amended from time to time:
i. On a highway and properly tagged by a peace officer, four hours;
ii. Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or
iii. That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or
b. On private property, only with the express permission of the owner of the property, a resident or other person in control of the premises:
i. That is single-family or duplex residential property, immediately;
ii. That is private, nonresidential property, properly posted, immediately;
iii. That is private, nonresidential property, not posted, 24 hours; or
iv. That is any residential property, properly posted, immediately.
c. If under subdivision 1.D.2.b., permission is not granted, then the city shall not remove and impound any vehicle until the procedure established in subdivision 1.D.2.b. has been followed.
3. If the vehicle is on private property, the City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle on private property only with the permission of the owner of the property, a resident, or other person in control of the premises. If permission is denied, the city may declare the existence of the abandoned or junk vehicle to be a nuisance and proceed to abate the nuisance as provided for in subdivisions 1.A. through 1.G. Once the abatement procedure has been completed, the city may apply for an order from a court of competent jurisdiction authorizing the removal and impoundment of the vehicle and, after the order has been granted, the city may then remove and impound the vehicle.
E. Sale; waiting periods.
1. Sale after 15 days. An impounded vehicle is eligible for disposal or sale under subdivision 1.I., 15 days after notice to the owner, if the vehicle is determined to be:
a. A junk vehicle, except that it may have a valid, current registration plate and still be eligible for disposal or sale under this subdivision; or
b. An abandoned vehicle.
2. Sale after 45 days. An impounded vehicle is eligible for disposal or sale under subdivision 1.I., 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle.
F. Notice of taking and sale.
1. Contents; notice given within five days. When an impounded vehicle is taken into custody, the city or impound lot operator taking it into custody shall give notice of the taking within five days. The notice shall:
a. Set forth the date and place of the taking; the year, make, model and serial number of the impounded motor vehicle if the information can be reasonably obtained; and the place where the vehicle is being held;
b. Inform the owner and any lienholders of their right to reclaim the vehicle under subdivision 1.G.; and
c. State that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents within the appropriate time allowed under subdivision 1.E. shall be deemed a waiver by them of all right, title and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of the vehicle and contents pursuant to subdivision 1.I.
2. Notice by mail or publication. The notice shall be sent by mail to the registered owner, if any, of an impounded vehicle and to all readily identifiable lienholders of record. The Department makes this information available to impound lot operators for notification purposes. 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 towed from or abandoned. Published notices may be grouped together for convenience and economy.
3. Unauthorized vehicles; notice. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent under subdivision 1.F.2. above, 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.
G. Right to reclaim.
1. Payment of charges. The owner or any lienholder of an impounded vehicle shall have a right to reclaim the vehicle from the city or impound lot operator taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 or 45 days, as applicable under subdivision 1.E., after the date of the notice required by subdivision 1.F.
2. Lienholders. 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 parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
H. Operator’s deficiency claim; consent to sale.
1. Deficiency claim. The nonpublic impound lot operator has a deficiency claim against the registered owner of the vehicle for the reasonable costs of services provided in the towing, storage and inspection of the vehicle minus the proceeds of the sale or auction. The claim for storage costs may not exceed the costs of:
a. Twenty-five days storage for a vehicle described in subdivision 1.E.1.; and
b. Fifty-five days storage for a vehicle described in subdivision 1.E.2.
2. Implied consent to sale. A registered owner who fails to claim the impounded vehicle within the applicable time period allowed under subdivision 1.E. is deemed to waive any right to reclaim the vehicle and consents to the disposal or sale of the vehicle and its contents and transfer of title.
I. Disposition by impound lot.
1. Auction or sale.
a. If an abandoned or unauthorized vehicle and contents taken into custody by the city or any impound lot is not reclaimed under subdivision 1.G., it may be disposed of or sold at auction or sale when eligible pursuant to subdivisions 1.F. and 1.G.
b. The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles 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. Before a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.
2. Unsold vehicles. Abandoned or junk vehicles not sold by the city or public impound lots pursuant to subdivision 1.I.1. above shall be disposed of in accordance with subdivision J.
3. Sale proceeds; public entities. From the proceeds of a sale under this section by the city or public impound lot of an abandoned or unauthorized motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle 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 shall be deposited in the treasury of the city.
4. Sale proceeds; nonpublic impound lots. The operator of a nonpublic impound lot may retain any proceeds derived from a sale conducted under the authority of subdivision 1.I.1. of this section. The operator may retain all proceeds from sale of any personal belongings and contents in the vehicle that were not claimed by the owner or the owner’s agent before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate law enforcement agency.
J. Disposal authority. The city may contract with others or may utilize its own equipment and personnel for the inventory of impounded motor vehicles and abandoned scrap metal and may utilize its own equipment and personnel for the collection, storage and transportation of these vehicles and abandoned scrap metal. The city may utilize its own equipment and personnel only for the collection and storage of not more than five abandoned or unauthorized vehicles without advertising for or receiving bids in any 120-day period.
K. Contracts; reimbursement by MPCA.
1. MPCA review and approval. If the city proposes to enter into a contract with a person licensed by the MPCA pursuant to this section or a contract pursuant to subdivision 1.J., the MPCA may review the proposed contract before it is entered into by the city, to determine whether it conforms to the MPCA’s plan for solid waste management and is in compliance with MPCA rules. A contract that does so conform may be approved by the MPCA and entered into by the city. Where a contract has been approved, the MPCA may reimburse the city for the costs incurred under the contract that have not been reimbursed under subdivision 1.I. Except as otherwise provided in subdivision 1.J., the MPCA shall not approve any contract that has been entered into without prior notice to and request for bids from all persons duly licensed by the MPCA to be a party to a disposal contract pursuant to M.S. § 116.07, as it may be amended from time to time; does not provide for a full performance bond; or does not provide for total collection and transportation of abandoned motor vehicles, except that the MPCA may approve a contract covering solely collection or transportation of abandoned motor vehicles where the MPCA determines total collection and transportation to be impracticable and where all other requirements herein have been met and the unit of government, after proper notice and request for bids, has not received any bid for total collection and transportation of abandoned motor vehicles.
2. The city may perform work. If the city utilizes its own equipment and personnel pursuant to its authority under subdivision 1.J., and the use of the equipment and personnel conforms to the MPCA’s plan for solid waste management and is in compliance with MPCA rules, the city may be reimbursed by the MPCA for reasonable costs incurred which are not reimbursed under subdivision 1.I.
3. The city required to contract work. The MPCA may demand that the city contract for the disposal of abandoned motor vehicles and other scrap metal pursuant to the MPCA’s plan for solid waste disposal. If the city fails to contract within 180 days of the demand, the MPCA, through the Department of Administration and on behalf of the city, may contract with any person duly licensed by the MPCA for the disposal.
Subd. 2. Disposal of unclaimed property.
A. Definition. For the purpose of this subdivision, the following definition shall apply unless the context clearly indicates or requires a different meaning.
1. ABANDONED PROPERTY. Tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner and has been in the possession of the city for at least 60 days and has been declared such by a resolution of the Council.
B. Preliminary notice. If the City Administrator knows the identity and whereabouts of the owner, he or she shall serve written notice upon him or her at least 30 days prior to a declaration of abandonment by the Council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the City Administrator notice shall also be served upon him or her. The notice shall describe the property and state that, unless it is claimed and proof of ownership or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Council after the expiration of 30 days from the date of the notice.
C. Notice and sale. Upon adoption of a resolution declaring certain property to be abandoned property, the City Administrator shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of the property. The text of the notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. The notice shall be published once at least three weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the Council in its resolution declaring property abandoned and stated in the notice.
D. Fund and claims thereon. All proceeds from such sale shall be paid into the General Fund of the city and expenses thereof paid therefrom. The former owner, if he or she makes claim within eight months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice and sale expenses, but without interest. The payment shall be also made from the General Fund.
Subd. 3. Disposal of excess personal property.
A. Declaration of surplus and authorizing sale of property. The City Administrator may, from time to time, declare that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold. Upon such declaration, the following process should be followed:
1. Surplus property with an estimated value of less than $5,000. Upon declaration of property with an estimated value of less than $5,000 as no longer needed for municipal purpose, the City Administrator may sell such item by any means reasonably designed to maximize the sale price and minimize the costs of sale, including a sale by negotiated price.
2. Surplus property with an estimated value between $5,000 and $25,000. Upon action of the Council authorizing the sale of the property with an estimated value between $5,000 and $25,000, the City Administrator shall offer for public sale, at auction, to the highest bidder. Notice of the public sale shall be given stating the time and place of sale at least ten days prior to the date of sale either by publication once in the official newspaper or by posting in a conspicuous place in the City Hall at the City Administrator's option. Such auction may be conducted in person, by sealed written bids, by electronic means, or otherwise so long as the public has reasonable access to such process and ability to bid. Such auction may be subject to a minimum price or reserve price at the discretion of the City Administrator.
3. Surplus property with a total estimated value over $25,000. Upon action of the Council authorizing the sale of the property, the City Administrator shall offer, for public sale at auction, to the highest bidder. Notice of the public sale shall be given stating the time and the place of sale and generally describing property to be sold at least ten days prior to the date of the sale by publication once in the official newspaper. Such auction shall be conducted either in person or by sealed written bids. Such auction may be subject to a minimum price or reserve price at the discretion of the City Administrator. Payment shall be due immediately after determination of the winning bidder. If such payment is not received within 24 hours of notification, the City Administrator may notify the next highest bidder or hold a new auction at the discretion of the City Administrator.
B. In determining the estimated value of the property for purposes of determining the proper method for sale, the City Administrator shall consider reasonably available information having a bearing on value including condition, age, and market conditions, and the City Administrator shall value such items in lots consistent with how such property is customarily sold or purchased in the prevailing market. For example, if the property is a set of items normally bought and sold as a set, the estimated value shall be the value of the set and the property shall be sold as a set. In contrast, if the property consists of items customarily bought and sold separately, then the estimated value shall be of each separate item, and each such item shall be sold individually.
C. Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the General Fund.
D. Library Materials. This section shall not apply to materials formerly offered for check out by the Austin Public Library. Determinations over both whether such items are no longer needed for library purposes and the means for disposition of such items shall remain with the Library Board.
Subd. 4. Persons who may not purchase; exception.
A. No employee of the city, who is a member of the administrative staff, a department head, a member of the Council or an advisor serving the city in a professional capacity may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder and if at least one week’s published or posted notice of the sale is given.
B. It is unlawful for any person to be a purchaser of property under this section if the purchase is prohibited by the terms of this section.
(`80 Code, § 2.73) (Am. Ord. 687, passed 12-21-20) Penalty, see § 1.99
Cross-reference:
Abandoning a motor vehicle, see § 10.07