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502.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED VEHICLE. A vehicle, as defined herein, that has remained for a period of more than four hours on public property illegally or lacking vital component parts or has remained for a period of more than four hours on private property without consent of the person in control of the property or in an inoperable condition that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall include a vehicle which is in a wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle voluntarily surrendered by its owner to the city or a vehicle offered for sale by its owner parked on public property.
   CLASSIC OR PIONEER CAR. As defined in M.S. § 168.10, a classic or pioneer car shall not be considered an abandoned vehicle.
   VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(1987 Code, § 503.02) (Ord. 72, passed 6-4-1973; Ord. 218, passed 7-24-1989)
502.03 NUISANCE DECLARED.
   The City Council has determined that abandoned, wrecked, junked, partially dismantled or inoperative vehicles within the city create a public nuisance tending to reduce the value of private property, invite plundering, create fire hazards, attract vermin and constitute a threat to the health and safety of the public. The accumulation and outside storage of the vehicles, in the nature of rubbish, litter and unsightly debris, is a detriment to the environment and is declared to constitute a public nuisance which may be abated as provided herein or as provided under any other ordinance of the city or law of the State of Minnesota.
(1987 Code, § 503.03)
502.04 ABANDONMENT OF VEHICLES.
   No person shall park, store or leave, or permit the parking, storing or leaving of any abandoned vehicle on public or private property within the city unless:
Subd. 1.   Within a building;
Subd. 2.   The vehicle is stored or parked on private property in connection with a duly licensed or authorized commercial enterprise operated and conducted pursuant to law when the parking or storing of vehicles is necessary to the operation of the commercial enterprise; or
Subd. 3.   The vehicle is stored or parked on private property of the owner thereof, or a member of his or her family, for the purpose of making repairs thereto; provided, that the repair period is not to exceed 30 days, after which time the vehicle shall be deemed to be abandoned.
(1987 Code, § 503.04)
502.05 IMPOUNDMENT OF ABANDONED VEHICLES.
   The city may take into custody and impound any abandoned vehicle which is in violation of the provisions of § 502.04 hereof. Any person, at the direction of the City Administrator/Clerk, Police Chief or any other police officer of the city, is expressly authorized to enter upon private property for the purpose of enforcing this chapter.
(1987 Code, § 503.05)
502.06 DISPOSITION OF ABANDONED PROPERTY.
Subd. 1.   Procedure. Except for abandoned and junked vehicles, all property lawfully coming into possession of the city shall be disposed of as provided in this section which is adopted pursuant to M.S. § 471.195, as it may be amended from time to time. Abandoned and junked vehicles shall be disposed of according to this chapter.
Subd. 2.   Storage. The department of the city acquiring possession of the property shall arrange for its storage. If city facilities are unavailable or inadequate, the department may arrange for storage at a privately-owned facility.
Subd. 3.   Claim by owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the city any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner.
Subd. 4.   Sale. If the property remains unclaimed in the possession of the city for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the City Administrator/Clerk or his or her designee after two weeks’ published notice setting forth the time and place of the sale and the property to be sold.
Subd. 5.   Disposition of proceeds. The proceeds of the sale shall be placed in the general fund of the city. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale.
502.07 RECLAMATION OF VEHICLE.
   The owner, any lienholder of an abandoned vehicle or any person in lawful possession or control of the property upon which the vehicle was abandoned shall have a right to reclaim the vehicle from the city upon payment of all towing and storage charges resulting from the taking of the vehicle into custody within 15 days after the date of the notice required by § 502.06.2a hereof.
(1987 Code, § 503.07) (Ord. 72, passed 6-4-1973)
502.08 VIOLATIONS AND PENALTIES.
   Any person who abandons a vehicle on any public or private property or any person who fails, neglects or refuses to remove or house an abandoned vehicle and abate the nuisance in accordance with the provisions of this chapter shall be guilty of a misdemeanor.
(1987 Code, § 503.08) Penalty, see § 104.01