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:
ABANDONED MOTOR VEHICLE
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.
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.
The City Police Department shall take into custody and impound any abandoned
motor vehicle.
[Amended 9-17-1973 by Ord.
No. 289]
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.
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.