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Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of the property, or locates or keeps a junk vehicle on residential property outside an enclosed structure, is guilty of a misdemeanor.
(Am. Ord. 07-06-01, passed 6-21-07) Penalty, see § 10.99
(A) Abandoned or junk vehicles. The City Administrator 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 § 91.04(C) are complied with.
(B) Unauthorized vehicles. The City Administrator, 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:
(1) In a public location not governed by M.S. § 169.041 as it may be amended from time to time:
(a) On a highway and properly tagged by a peace officer, four hours;
(b) Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or
(c) That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or
(2) On private property, only with the express permission of the owner of the property, a resident or other person in control of the premises:
(a) That is single-family or duplex residential property, immediately;
(b) That is private, nonresidential property, properly posted, immediately;
(c) That is private, nonresidential property, not posted, 24 hours; or
(d) That is any residential property, properly posted, immediately.
(3) If under division (B)(2) of this section, permission is not granted, then the city shall not remove and impound any vehicle until the procedure established in division (C) of this section have been followed.
(C) If the vehicle is on private property, the City Administrator 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 §§ 93.15 through 93.21. 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.
(Am. Ord. 07-06-01, passed 6-21-07)
(A) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under § 91.09, 15 days after notice to the owner, if the vehicle is determined to be:
(1) 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
(2) An abandoned vehicle.
(B) Sale after 45 days. An impounded vehicle is eligible for disposal or sale under § 91.09, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle.
(A) 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:
(1) 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;
(2) Inform the owner and any lienholders of their right to reclaim the vehicle under § 91.07; and
(3) State that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents within the appropriate time allowed under § 91.05 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 § 91.09.
(B) 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.
(C) Unauthorized vehicles; notice. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent under division (B) of this section, 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.
(A) 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 § 91.05, after the date of the notice required by § 91.06.
(B) 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.
(A) 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:
(1) 25 days storage for a vehicle described in § 91.05(A); and
(2) 55 days storage for a vehicle described in § 91.05(B).
(B) Implied consent to sale. A registered owner who fails to claim the impounded vehicle within the applicable time period allowed under § 91.05 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.
(A) Auction or sale.
(2) 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.
(B) Unsold vehicles. Abandoned or junk vehicles not sold by the city or public impound lots pursuant to division (A) of this section shall be disposed of in accordance with § 91.10.
(C) 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.
(D) 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 division (A) 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.
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.
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