[HISTORY: Adopted by the Council of the City of Breckenridge 3-5-1973
as Art. II of Ord. No. 279. Amendments noted where applicable.]
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.
B.Â
The notice shall:
(1)Â
Set forth the date and place of the taking.
(2)Â
Set forth the year, make, model and serial number of
the abandoned vehicle.
(3)Â
Set forth the place where the vehicle is being held.
(4)Â
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.
(5)Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
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.
