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ABANDONED VEHICLES
M.S. Ch. 168B, and Minn. Rules Ch. 7035, as they may be amended from time to time, are hereby adopted by reference. Sections 90.15 through 90.25 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 that the provisions of M.S. § 168B or Minn. Rules Ch. 7035, as they may be amended from time to time, the statute or rule shall take precedence.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A motor vehicle, as defined in M.S. § 169.01, as it may be amended from time to time,that:
(a) Has remained illegally:
1. 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
2. On private property for a period of time, as determined under § 90.18(B), without the consent of the person in control of the property; and
(b) 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.
(2) 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.
(3) 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.
(4) 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.
DEPARTMENT. The Minnesota Department of Public Safety.
IMPOUND. To take and hold a vehicle in legal custody. There are two types of impounds: public and nonpublic.
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.
JUNK VEHICLE. A vehicle that:
(1) Is three years old or older;
(2) Is extensively damaged, with the damage including things as broken or missing wheels, motor, drive train or transmission;
(3) Is apparently inoperable;
(4) Does not have a valid, current registration plate; and
(5) Has an approximate fair market value equal only to the approximate value of the scrap init.
MOTOR VEHICLE or VEHICLE. Has the meaning given “motor vehicle” in M.S. § 169.01, as it may be amended from time to time.
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.
MPCA or AGENCY. The Minnesota Pollution Control Agency.
NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot.
PUBLIC IMPOUND LOT. An impound lot owned by or contracting with a unit of government under section § 90.24.
UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment pursuant to § 90.18(B), or M.S. § 169.041 as it may be amended from time to time, but is not a junk vehicle or an abandoned vehicle.
UNIT OF GOVERNMENT. Includes a state department or agency, a special purpose district, and a county, statutory or home rule charter city, or town.
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.
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.
(A) 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.
(B) 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:
(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:
(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.
(A) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under § 90.23, 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 § 90.23, 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, excluded Saturdays, Sundays, and legal holidays, to the registered vehicle owner and any lienholders. The notice must:
(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 § 90.21; 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 § 90.19 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 § 90.23.
(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.
(Am. Ord. 168, passed 6-26-10)
(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 § 90.19, after the date of the notice required by § 90.20.
(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 section § 90.19(A); and
(2) 55 days storage for a vehicle described in § 90.19(B).
(B) Implied consent to sale. A registered owner who fails to claim the impounded vehicle within the applicable time period allowed under section § 90.19 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.
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