(A) Disposal of abandoned motor vehicles.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle as defined in M.S. Ch. 169, as it may be amended from time to time, that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts, or has remained for a period of more than 48 hours on private property without the consent of the person in control of such property, or in an inoperable condition such that it has no substantial possible further use consistent with its function unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the city. A classic car or pioneer car shall not be considered an abandoned motor vehicle. Vehicles on the premises of junk yards or automobile graveyards, which are licensed and maintained in accordance with the City Code, shall not be considered abandoned motor vehicles within the meaning of this section.
VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.
(2) Custody. The city shall take into custody and impound any abandoned motor vehicle.
(3) Immediate sale. When an abandoned motor vehicle is more than 7 model years of age, is lacking vital component parts, and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale at public auction, and shall not be subject to the notification, reclamation, or title provision of this division.
(4) Notice.
(a) When an abandoned motor vehicle does not fall within the provisions of subsection (3), the city shall give notice of the taking within 10 days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle and the place where the vehicle is being held, shall inform the owner and any lien holders of their right to reclaim the vehicle under subsection (5), and shall state that failure of the owner or lien holder to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to subsection (6).
(b) The notice shall be sent by mail to the registered owner, if any, of the abandoned 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 official newspaper. Published notices may be grouped together for convenience and economy.
(5) Right to reclaim.
(a) The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim such vehicle from the city upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this subsection.
(b) Nothing in this subsection shall be construed to impair any lien of a garage keeper under the laws of this state, or the right of the lien holder to foreclose. For the purposes of this division (5),
GARAGE KEEPER 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.
(6) Public sale.
(a) An abandoned motor vehicle and contents taken into custody and not reclaimed under subsection (5) of this subsection shall be sold to the highest bidder at public auction or sale, following one published notice published at least 7 days prior to such auction or sale. 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 such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.
(b) From the proceeds of the sale of an abandoned 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 pursuant to this subsection. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in the General Fund of the city.
(7) Disposal of vehicles not sold. Where no bid has been received for an abandoned motor vehicle, the city may dispose of it in accordance with this subsection.
(8) Contracts and disposal.
(a) The city may contract with any qualified person for collection, storage, incineration, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.
(b) Where the city enters into a contract with a person duly licensed by the Minnesota Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency's plan for solid waste disposal. A contract that does so conform may be approved by the Agency. Where the city enters into a contract with a person duly authorized by the Minnesota Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency's plan for solid waste disposal for the purpose of obtaining reimbursement.
(c) If the city utilizes its own equipment and personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided.
(B) Disposal of unclaimed property.
(1) The term
ABANDONED PROPERTY means 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 action of the Council.
(2) In the event the property has been in the possession of the municipality for a period of at least 60 days, the city may provide for disposal of same by a private sale through a nonprofit organization that has a significant mission of community service.
(3) The city may also provide for sale by private auction and in the event such a public auction is to be held, the city shall give at least 10 days published notice describing the specific property found or recovered and to be sold and specifying the time and place of the sale. The notice of sale must be published at least once in a legal newspaper published within Nicollet County, Minnesota.
(4) Any funds received through either public or private sale shall be designated to the General Fund. Should at any time within 6 months of the date of sale, the owner of any unclaimed property which has been the subject of a sale, apply and provide satisfactory proof of ownership, then such proceeds received from the sale shall be paid over to the former owner. All sales to individuals shall be absolute and final upon sale. The right to the proceeds from the sale shall be absolute to the city 6 months after the date of sale.
(C) Disposal of excess property.
(1) Declaration of surplus and authorizing sale of property. The City Administrator may, from time to time, recommend to the Council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold. By action of the Council, said property shall be declared surplus, the value estimated and the City Administrator authorized to dispose of said property in the manner stated herein.
(2) Surplus property worth a total estimated value of less than $500. The City Administrator may sell surplus property with a total value of less than $500 through negotiated sale.
(3) Surplus property with a total estimated value between $500 and $1,000. The City Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $500 to $1,000. Notice of such public sale shall be given stating time and place of sale and generally describing the property to be sold at least 10 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 sale shall be by auction.
(4) Surplus property with a total estimated value over $1,000. The City Administrator shall offer for public sale, to the highest bidder, surplus property worth a total estimated value over $1,000. Notice of such public sale shall be given stating time and place of sale and generally describing property to be sold at least 10 days prior to the date of sale by publication once in the official newspaper. Such sale shall be to the person submitting the highest sealed bid.
(5) Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the General Fund.
(1975 Code, § 2.60) (Am. Ord. 152, passed 9-5-1995)