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§ 95.30  DISPOSAL OF ABANDONED MOTOR VEHICLES.
   Findings and purpose.  M.S. Chapter 168B and Minnesota Rules Chapter 7035, as they may be amended from time to time, are hereby adopted by reference.  Sections 95.01 through 95.09 and §§ 95.30 and 95.31 are adopted under the authority of M.S. § 168B.09 Subdivision 2, as it may be amended from time to time.  If any of theses provisions are less stringent than the provisions of M.S. Chapter 168B or Minnesota Rules Chapter 7035, as it may be amended from time to time, the statute or rule shall take precedence.
   (A)   Definitions. For the purpose of this subchapter, 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. § 169.011, as it may be amended from time to time, that:
         (a)   Has remained illegally for a period of more than 48 hours on any property owned or controlled by a unit of government, or more than 4 hours on that property when it is properly posted; or on private property for a period of time, as determined under M.S. § 168B.04 Subdivision 2, without consent of the person in control of the property; and
         (b)   Lacks vital component parts, it in an inoperable condition, or has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.
         (c)   A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended from time to time, it not considered an abandoned vehicle.
         (d)   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.
         (e)   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.
      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, transmission and wheels.
   (B)   Custody. The city may take into custody and impound any abandoned motor vehicle.
   (C)   Notice.
      (1)   The city shall give notice of the taking within 10 days.
      (2)   The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle, if that information can be reasonably obtained, 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 division (D) below, and shall state that failure of the owner or lien holder to exercise their right to reclaim the vehicle and contents 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 and contents at a public auction pursuant to division (E) below.
      (3)   The notice shall be sent by registered mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lien holders of record.
      (4)   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.
   (D)   Right to reclaim.
      (1)   The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim that 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 section.
      (2)   Nothing in this section 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.
      (3)   For the purposes of this division (D), 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.
   (E)   Public sale.
      (1)   An abandoned motor vehicle and contents taken into custody and not reclaimed under division (D) above shall be sold to the highest bidder at public auction or sale, following 1 notice published at least 7 days prior to the 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.
      (3)   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.
      (4)   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 subchapter.
      (5)   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.
   (F)   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 section.
   (G)   Contracts and disposal.
      (1)   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.
      (2)   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 a contract has been approved, the Agency may reimburse the city for the costs incurred under the contract that have not been reimbursed.
      (3)   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.
(Prior Code, § 11.301)  (Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
§ 95.31  UNCLAIMED PROPERTY; DISPOSAL.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      ABANDONED PROPERTY.  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 so by a resolution of the Council.
   (B)   Preliminary notice.
      (1)   If the City Clerk/Administrator knows the identity and whereabouts of the owner, he or she shall serve written notice upon him or her at least 30 days prior to a declaration of abandonment by the Council.
      (2)   If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the City Clerk/Administrator notice shall also be served upon him or her.
      (3)   The notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Council after the expiration of 30 days from the date of the notice.
   (C)   Notice and sale.
      (1)   Upon adoption of a resolution declaring certain property to be abandoned property, the City Clerk/Administrator shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of the property.
      (2)   The text of the notice shall also state the time, place and manner of sale of all property, except cash and negotiables.
      (3)   The notice shall be published once at least 3 weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the Council in its resolution declaring property abandoned and stated in the notice.
   (D)   Fund and claims thereon.
      (1)   All proceeds from the sale shall be paid into the general fund of the city and expenses thereof paid therefrom.
      (2)   The former owner, if he or she makes claim within 8 months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest.
      (3)   The payment shall be also made from the general fund.
(Prior Code, § 11.302)  (Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
§ 95.32  EXCESS PROPERTY; DISPOSAL.
   (A)   Declaration of surplus and authorizing sale of property. The City Clerk/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, the property shall be declared surplus, the value estimated and the City Clerk/Administrator authorized to dispose of the property in the manner stated herein.
   (B)   Surplus property with a total estimated value of less than $100. The City Clerk/Administrator may sell surplus property with a total value of less than $100 through negotiated sale.
   (C)   Surplus property with a total estimated value between $100 and $500.
      (1)   The City Clerk/Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100 to $500.
      (2)   Notice of the 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 Clerk/Administrator’s option.
      (3)   The sale shall be by auction.
   (D)   Surplus property with a total estimated value over $500.
      (1)   The City Clerk/Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500.
      (2)   Notice of the 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.
      (3)   The sale shall be to the person submitting the highest bid.
   (E)   Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the general fund.
(Prior Code, § 11.303) (Am. Ord. 336, passed 6-6-2016)
§ 95.33  PERSONS WHO MAY NOT PURCHASE; EXCEPTION.
   (A)   No employee of the city, who is a member of the administrative staff, is a department head, a member of the Council, or an advisor serving the city in a professional capacity, may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least 1-week’s published or posted notice of sale is given.
   (B)   It is unlawful for any person to be a purchaser of property under this section if the purchase is prohibited by the terms of this section.
(Prior Code, 11.304) (Am. Ord. 336, passed 6-6-2016)  Penalty, see § 10.99
§ 95.99  PENALTY.
   Any person convicted of violating any provision of this chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case.
(Ord. 336, passed 6-6-2016)