Section
90.01 Disposition
of abandoned property
90.15 Findings
and purpose
90.16 Definitions
90.17 Violation
to abandon motor vehicle
90.18 Authority
to impound vehicles
90.19 Sale;
waiting periods
90.20 Notice
of taking and sale
90.21 Right
to reclaim
90.22 Operator's
deficiency claim; consent to sale
90.23 Disposition
by impound lot
90.24 Disposal
authority
90.25 Contracts;
reimbursement by MPCA
§ 90.01 DISPOSITION OF ABANDONED PROPERTY.
(A) 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 the
procedures of §§ 90.15 et seq.
(B) 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.
(C) 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.
(D) 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 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.
(E) 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.
§ 90.15 FINDINGS AND PURPOSE.
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 it may be amended from time to time, the statute or
rule shall take precedence.
§ 90.16 DEFINITIONS.
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 in it.
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 § 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.
§ 90.17 VIOLATION TO ABANDON MOTOR VEHICLE.
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.
Penalty, see § 10.99
§ 90.18 AUTHORITY TO IMPOUND VEHICLES.
(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.
§ 90.19 SALE; WAITING PERIODS.
(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.
§ 90.20 NOTICE OF TAKING AND SALE.
(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. The notice shall:
(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.
§ 90.21 RIGHT TO RECLAIM.
(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.
§ 90.22 OPERATOR'S DEFICIENCY CLAIM; CONSENT TO SALE.
(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 § 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 § 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.
§ 90.23 DISPOSITION BY IMPOUND LOT.
(A) Auction or sale.
(1) If an abandoned or
unauthorized vehicle and contents taken into custody by the city or any impound
lot is not reclaimed under § 90.21, it may be disposed of or sold at
auction or sale when eligible pursuant to §§ 90.20 and 90.21.
(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.
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.
(B) Unsold vehicles. Abandoned or junk vehicles not sold by the
city or public impound lots pursuant to division (A) of this section shall be
disposed of in accordance with § 90.24.
(C) Sale proceeds; public entities. From the proceeds of a sale under this
section by the city or public impound lot of an abandoned or unauthorized 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 in handling the vehicle
pursuant to this chapter. 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.
(D) Sale proceeds; nonpublic impound
lots. The operator of a nonpublic
impound lot may retain any proceeds derived from a sale conducted under the
authority of division (A) of this section.
The operator may retain all proceeds from sale of any 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.
§ 90.24 DISPOSAL AUTHORITY.
The city may contract with others or
may utilize its own equipment and personnel for the inventory of impounded
motor vehicles and abandoned scrap metal and may utilize its own equipment and
personnel for the collection, storage and transportation of these vehicles and
abandoned scrap metal. The city may
utilize its own equipment and personnel only for the collection and storage of
not more than five abandoned or unauthorized vehicles without advertising for
or receiving bids in any 120‑day period.
§ 90.25 CONTRACTS; REIMBURSEMENT BY MPCA.
(A) MPCA review and approval. 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 § 90.24, 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 the costs incurred under the contract that have not
been reimbursed under § 90.23.
Except as otherwise provided in § 90.24, 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 and transportation of abandoned motor vehicles, except that
the MPCA may approve a contract covering solely collection or transportation of
abandoned motor vehicles where the MPCA determines total collection and
transportation to be impracticable 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
motor vehicles.
(B) The city may perform work. If the city utilizes its own equipment and
personnel pursuant to its authority under § 90.24, 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 § 90.23.
(C) The city required to contract
work. The MPCA may demand that the
city contract for the disposal of abandoned motor vehicles and other scrap
metal pursuant to the MPCA's plan for solid waste disposal. If 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.