(A) Any police officer may, consistent with M.S. § 168B.035, as it may be amended from time to time, remove, or cause to be removed, a vehicle from the street to a garage or other impound area when a vehicle is left unattended and constitutes an obstruction to traffic, is parked in violation of this subchapter, or hinders street improvement or maintenance operations, or is parked, stopped, or standing in violation of any law or ordinance, or local authority of the city. Vehicles impounded pursuant to this subchapter will be released to their lawful owner (or persons entitled to possession) upon showing of adequate evidence of a right of its possession, and paying the amount of all accrued parking use fees, fines, and costs for each outstanding citation, notice, summons, or warrant and, in addition thereto, the charges for towing and storage.
(B) Whenever the Police Department, or its authorized agent, has impounded a vehicle described in this subchapter, notice of the removal, and the storage place of the vehicle, shall be mailed to the last registered owner of the vehicle, within ten days, if the name and address of the owner can be ascertained with reasonable diligence. The notice shall:
(1) Set forth the date and place of the taking, year, make, model, and serial number of the subject motor vehicle, if the information can be reasonably obtained, and the place where the vehicle is held;
(2) Inform the owner and any lien holders of his or her right to reclaim the vehicle as provided herein; and
(3) State the failure of the owner or lien holder to exercise his or her right to reclaim the vehicle, and contents shall be deemed a waiver by him or her of all the right, title, and interest in the vehicle, and consents to the sale of the vehicle and contents at a public auction authorized by this subchapter.
(C) The notice shall be sent by mail to the registered owner, if any, of the subject motor vehicle, and to all readily identifiable lien holders of record. If it is impossible to determine, with reasonable certainty, the identity and address of the registered owner and all lien holders, the notice shall be published once in the newspaper of general circulation in the area where the motor vehicle was seized. Published notices may be grouped together for convenience and economy.
(D) The owner or any lien holder, or a motor vehicle seized pursuant to this subchapter, shall have the right to reclaim the vehicle from the city upon payment set forth herein, within 15 days after the date of the notice of the taking of the motor vehicle.
(E) If a motor vehicle seized pursuant to this subchapter is not claimed, it shall be sold at public auction as provided by M.S. § 168B.08, as it may be amended from time to time.
(F) The registered owner of a vehicle shall be presumed to be the owner at the time the summons, notice, or other process where in fact issued, and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secured by the operator without the owner’s consent.
(Ord. 251, passed 4-3-2007)