(A) Findings and purpose. Abandoned, junk and unsafe vehicles constitute a hazard to the health and welfare of the citizens of the city in that the vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, present physical dangers to the safety and well-being of children and other citizens, invite plundering and create fire hazards. Motor vehicles contain fluids that if released into the environment can and do cause significant health risks to the citizens of the city. The condition of vehicles that are abandoned, junk or unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned, junk or unsafe vehicles and other scrap metals also constitute a blight on the landscape of the city and, therefore, a detriment to the environment. The abandonment and retirement of vehicles and other scrap metals constitutes a waste of a valuable source of useful metal. It is, therefore, in the public interest that the present accumulation of abandoned and junk vehicles and other scrap metals be eliminated, that future abandonment of vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed and that other acceptable and economically useful methods for the disposal of abandoned and junk vehicles and other forms of scrap metal be developed.
(B) Abandoned, junk and unsafe vehicles.
(1) General. Abandoned, junk and unsafe vehicles are declared to be a public nuisance creating a hazard to the health and safety of the public because they invite plundering, create fire hazards, attract vermin and present physical dangers to the safety and well-being of children and other citizens. The accumulation and outside storage of the vehicles is in the nature of rubbish, litter and unsightly debris and is a blight on the landscape and detriment to the environment. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise shall store or keep abandoned, junk and unsafe motor vehicles on private or public property.
(2) Vehicles stopped or standing. Any vehicle, whether occupied or not, that is found stopped, standing or parked in violation of any ordinance or state statute; or that is reported stolen; or that is found impeding firefighting, show removal or plowing or the orderly flow of traffic, is declared to be a public nuisance.
(3) Vehicles blocking access. Any vehicle which is impeding public road or utility repair, construction or maintenance activities after reasonable notice of the improper activities has been given to the vehicle owner or user at least 12 hours in advance, is declared to be a public nuisance.
(C) Authority to impound vehicles.
(1) Vehicles constituting a public nuisance. The City Administrator, City Administrator’s designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any vehicle constituting a public nuisance under division (B) above.
(2) Unauthorized vehicles. The City Administrator, City Administrator’s 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.
(D) When a vehicle may be impounded without prior notice. A motor vehicle may be impounded with or without citation without giving notice to its owner only under the following circumstances. In a public location not governed by M.S. § 169.041, as it may be amended from time to time:
(1) When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic;
(2) When the vehicle poses an immediate danger to the public safety;
(3) When the vehicle is parked in violation of snow emergency removal routes;
(4) When a peace officer or other agent authorized by the city has probable cause to believe that the vehicle constitutes evidence of a crime, or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve evidence;
(5) When the person driving, operating or in physical control of the vehicle is taken into custody and the vehicle is impounded for safe keeping;
(6) When the vehicle is parked in a handicap transfer zone when the vehicle does not properly display a handicapped parking permit;
(7) When the vehicle is obstructing firefighting or firefighting equipment; or
(8) Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.
(E) When a vehicle may be impounded after notice. A vehicle not impounded under division (D) above may be impounded after a notice of violation described in § 91.009(C) of this chapter has been served upon the owner of the property where the vehicle is located and an additional notice similar to that in § 91.009(D)(2) of this chapter is securely posted on the vehicle. The vehicle shall not be impounded until a period of 72 hours has elapsed after the initial posting of the notice on the vehicle, excluding Saturdays, Sundays and legal holidays for the following reasons:
(1) When such vehicle, whether occupied or not, is found stopped, standing or parked in violation of any city ordinance; and
(2) When the vehicle is determined to constitute a public nuisance, as defined in division (B) above.
(F) Sale; waiting periods.
(1) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under division (J) below, 15 days after notice to the owner, if the vehicle is deemed 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 division (F)(1); or
(b) An abandoned or unsafe vehicle.
(2) Sale after 45 days. An impounded vehicle is eligible for disposal or sale under division (J) below, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle.
(G) 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 division (H) below; and
(c) State that failure of the owner or leinholders to exercise their right to reclaim the vehicle and contents within the appropriate time allowed under division (F) above 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 division (J) below.
(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. 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 30 days from the date the notice was sent under division (G)(1) 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.
(H) Right to reclaim.
(1) Payment of charges. The owner or any lienholder of an impounded vehicle shall have a right to reclaim the vehicle form 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 division (F) above, after the date of the notice required by division (G) above. To reclaim a motor vehicle impounded pursuant to this section, the owner or lienholder must pay any costs and administrative fees incurred by the city and must agree to relocate the vehicle in accordance with local, state and federal regulations. The owner or lienholder reclaiming the vehicle shall sign a “release of property” and shall agree to immediate impoundment without notice if the vehicle again violates this section. In addition, the city may require a bond to be posted if said vehicle has been subject to a prior impoundment.
(2) Lienholders. Nothing in this subchapter shall be construed to impair any lien of a garagekeeper under the laws of the state, or the right of a lienholder to foreclose.
(I) Operators deficiency claim; consent to sale.
(1) Deficiency claim. The non-public impound lot operator has a deficiency claim against the registered owner of the vehicle for the reasonable costs of services provided 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 division (F)(1) above; and
(b) Fifty-five days storage for a vehicle described in division (F)(2) above.
(2) Implied consent to sale. A registered owner who fails to claim the impounded vehicle within the applicable period allowed under division (H) above is deemed to waive any rights to reclaim the vehicle and contents to the disposal or sale of the vehicle and its contents and transfer of title.
(J) Disposition by impound lot.
(1) Auction or sale.
(a) If a vehicle and contents taken into custody by the city or any impound lot is not reclaimed under division (H) above, it may be disposed of or sold at auction or sale when eligible pursuant to division (I) above and this division (J).
(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. Vehicles not sold by the city or impound lot pursuant to division (J)(1) above shall be disposed of in accordance with division (K) below.
(3) Sale proceeds, public entities. From the proceeds of the sale under this section of vehicles constituting a public nuisance, 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 subchapter. 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, non-public impound lots. The operator of a non-public impound lot may retain any proceeds derived from a sale conducted under authority of division (J)(1) above. The operator may retain all proceeds from the sale of 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.
(K) Disposal authority. The city may contract with others or may utilize its own equipment and personnel for the inventory of impounded motor vehicles and scrap metal and may utilize its own equipment and personnel for the collection, storage and transportation of these vehicles and scrap metal. The city may utilize its own equipment and personnel only for the collection and storage of not more than five abandoned, junk, unsafe or unauthorized vehicles without advertising or receiving bids in any 120-day period.
(L) Contracts; reimbursement by MPCA.
(1) 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 division (K) above, 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 costs incurred under the contract that have not been reimbursed under division (J) above. Except as otherwise provided in division (K) above, 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 or transportation of abandoned, junk and unsafe motor vehicles; except that, the MPCA may approve a contract covering solely collection or transportation of abandoned, junk and unsafe motor vehicles where the MPCA determines total collection and transportation to be impractical 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, junk and unsafe motor vehicles.
(2) If the city utilizes its own equipment and personnel pursuant to its authority under division (K) above, 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 division (J) above.
(3) If the MPCA demands that the city contract for the disposal of impounded vehicles and other scrap metal pursuant to the MPCA’s plan for solid waste disposal and 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.
(Prior Code, § 607.07) (Ord. 694, passed 03-11-2002; Ord. 844, passed 05-20-2010) Penalty, see § 91.999