City of Breckenridge, MN
Wilkin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Breckenridge 3-5-1973 as Art. II of Ord. No. 279. Amendments noted where applicable.]
General penalty — See Ch. 1, Art. I.
Unclaimed property — See Ch. 32.
Junk vehicles as debris — See Ch. 103.
Secondhand goods dealers — See Ch. 129.
Notwithstanding the provisions of Chapter 32, Property, Unclaimed, the provisions of this chapter shall apply to abandoned motor vehicles.
As used in this chapter, the following terms have the following definitions:
A motor vehicle as defined in M.S. § 169.01, 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 consent of the person in control of such property, or in an inoperable condition such that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. A "classic car" or "pioneer car" as defined in M.S. §166.10, shall not be considered an abandoned motor vehicle within the meaning of this chapter.
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.
The City Police Department shall take into custody and impound any abandoned motor vehicle.
When an abandoned motor vehicle is taken into custody, the Police Department shall give notice of the taking within five days.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The notice shall:
Set forth the date and place of the taking.
Set forth the year, make, model and serial number of the abandoned vehicle.
Set forth the place where the vehicle is being held.
Inform the owner, and any lien holders, of their right to reclaim the motor vehicle under the provisions of § 177-5 of this chapter hereinbelow.
State that failure of the owner or lien holders to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all right, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction, pursuant to the provisions of this chapter.
The notice shall be sent by certified 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 determined, 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 for the city. Published notices may be grouped together for convenience and economy.
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 described in § 177-4 hereinabove.
Nothing contained in this chapter shall be construed so as to impair any lien of any garage keeper under the laws of this state or the right of a lien holder to foreclose.
For the purpose of this section, "garage keeper" is an operator of a parking facility or operator of an establishment for the servicing, repair and maintenance of motor vehicles.
[Amended 9-17-1973 by Ord. No. 289[1]]
An abandoned motor vehicle taken into custody and not reclaimed shall be sold to the highest bidder at public auction or sale. Notice of such auction or sale shall be given by one publication in the official newspaper for the city. The sale or auction may take place at any time 10 days after the date of such publication. 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.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
When an abandoned motor vehicle is more than seven 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 provisions of the foregoing sections of this chapter.
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 notice and publication costs incurred pursuant to this chapter. Any remainder from the proceeds of the 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.
[Amended 9-17-1973 by Ord. No. 289]
When no bid has been received for an abandoned motor vehicle, the city may utilize its own equipment and personnel for the disposal of such motor vehicle or may contract with others for the disposal of such motor vehicle in accordance with the laws of the State of Minnesota.
Any person who abandons a motor vehicle on any public or private property without the consent of the person in control of such property is guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty.