§ 2-60. Disposal of abandoned motor vehicles, unclaimed property and excess property.
(a)
Disposal of abandoned motor vehicles.
(1)
Definitions.
a.
The term "abandoned motor vehicle" means a motor vehicle as defined in M.S.A. Ch. 169, 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 the consent of the person in control of such property, or in an inoperable condition such that it has no substantial possible further use consistent with its function unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the city. A classic car or pioneer car shall not be considered an abandoned motor vehicle. Vehicles on the premises of junk yards or automobile graveyards, which are licensed and maintained in accordance with the City Code, shall not be considered abandoned motor vehicles within the meaning of this section.
b.
The term "vital component parts" means 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.
(2)
Custody. The city shall take into custody and impound any abandoned motor vehicle.
(3)
Immediate sale. 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 current 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 provision of this subsection.
(4)
Notice.
a.
When an abandoned motor vehicle does not fall within the provisions of subsection (a)(3) of this section, the city shall give notice of the taking within ten days. 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 such 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 subsection (a)(6) of this subsection, and shall state that failure of the owner or lien holder to exercise their right to reclaim the vehicle and contents be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to subsection (a)(6) of this subsection.
b.
The notice shall be sent by 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 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.
(5)
Right to reclaim.
a.
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 required by this subsection.
b.
Nothing in this subsection 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. For the purposes of this subsection (a)(5) "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.
(6)
Public sale.
a.
An abandoned motor vehicle and contents taken into custody and not reclaimed under subsection (a)(5) of this section shall be sold to the highest bidder at public auction or sale, following one published notice published at least seven days prior to such auction or sale. 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.
b.
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 subsection. 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.
(7)
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 subsection.
(8)
Contracts and disposal.
a.
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.
b.
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 which have not been reimbursed.
c.
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.
(b)
Disposal of unclaimed property.
(1)
Definition. The term "abandoned property" means 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 such by a resolution of the council.
(2)
Preliminary notice. If the city administrator knows the identity and whereabouts of the owner, he shall serve written notice upon him at least 30 days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the city administrator notice shall also be served upon him. Such 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 such notice.
(3)
Notice and sale. Upon adoption of a resolution declaring certain property to be abandoned property, the city 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 such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least three 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.
(4)
Fund and claims thereon. All proceeds from such sale shall be paid into the general fund of the city and expenses thereof paid therefrom. The former owner, if he makes claim within eight 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. Such payment shall be also made from the general fund.
(c)
Disposal of excess property.
(1)
Declaration of surplus and authorizing sale of property. The city 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, said property shall be declared surplus, the value estimated and the city administrator authorized to dispose of said property in the manner stated herein.
(2)
Surplus property with a total estimated value of less than $100.00. The city administrator may sell surplus property with a total value of less than $100.00 through negotiated sale.
(3)
Surplus property with a total estimated value between $100.00 and $500.00. The city administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100.00 to $500.00. Notice of such public sale shall be given stating time and place of sale and generally describing the property to be sold at least ten 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 administrator's option. Such sale shall be by auction.
(4)
Surplus property with a total estimated value over $500.00. The city administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500.00. Notice of such public sale shall be given stating time and place of sale and generally describing property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. Such sale shall be to the person submitting the highest sealed bid.
(5)
Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the general fund.
(d)
Persons who may not purchase—Exception.
(1)
No employee of the city who is a member of the administrative staff, 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 one week's published or posted notice of sale is given.
(2)
It is unlawful for any person to be a purchaser of property under this section if such purchase is prohibited by the terms of this section.
(Code of 1979)