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Home My WebLink About84-013CITY OF PRIOR LAKE § o. ORDINANCE NO. 84 - ` AN,',rURDINANCE.PROVIDING FOR THE CUSTODY AND DISPOSAL OF UNCLAIMED AND ABANDONED PROPERTY, PROVIDING PENALTIES FOR THE UNLAWFUL DISPOSAL OF PROPERTY. The City Council of the City of Prior Lake, Scott County, Minnesota, does hereby ordain as follows SECTION I - UNCLAIMED PROPERTY - All property lawfully coming into the possession of the City of Prior Lake and unclaimed by its owner shall be disposed of as follows; 1.`' The department of the City into whose possession property comes shall arrange for storage of the same. If municipal facili- ties for storage are unavailable or inadequate, arrangements for storage at privately owned facilities maybe arranged. I 2. The owner of the property may claim the same by exhib- iting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by the City. A receipt for the property shall be obtained upon release to the owner. i 3. In the event that the property remains unclaimed in - the possession of the City for a period of three (3) months, the property shall thereafter be sold to the highest bidder at a public auction conducted by the Chief of Police of the City. Such ,auction shall be held after two weeks published notice set - ling forth the time and place thereof and the property to be E ` sold. 4. Net proceeds from the sale of such property after deduc- tion of � if storage costs incurred an shall be laced in the g Y� p Treasury of the City, subject to the right of the former owner to payment of the sale price to him from the fund upon application and satisfactory proof of ownership within six (6) months of the sale. i SECTION II - ABANDONED MOTOR VEHICLES - Notwithstanding Section I, y the following shall apply to abandoned motor vehicles: I., The City Police Department shall take into custody and T { impound any abandoned motor vehicle. 1 2. When an abandoned motor vehicle is taken into custody, r. the Police Department shall give notice of the taking within ten (10) 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 and the place where the vehicle is being k i i r r' ere e mo or vehicle was abandoned. Published notices may be ra "d t t held; shall inform the owner and any lienholders of their right, to reclaim the vehicle under, Section II, 3, and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle 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 Section II, 4. The notice shall be sent by certified mail to the registered owner, if any, of the abandoned motor vehic�le and to all readily identifiable lienholders of record. If it in' impossible to deter- mine with reasonable certainty the identity and address of" the registered owner and all lienholders, the - notice shall be pub lished once in a newspaper of general circulation in the area _t, t wh t g upe oge ner for,,convenience and economy. 3. The owner or any lienholder 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 fifteen (15') days after the date of the notice required by Section II, Nothing in Sections 11, l or 2 shall be construed to "impair any lien ofa 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 facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. 4. An abandoned motor vehicle taken into custody and not reclaimed under Section L1, 3 -, shall be sold to the highest bidder at public auction or sale, following two (2) weeks published noticL thereof. The purchaser shall be given a receipt which shall be sufficient title to dispose of the vehicle. The receipt shall also entitled the purchaser to register the vehicle and re ceive a certificate of title, free and clear of all liens and claims of ownership. 5. When an abandoned motor vehicle is more than seven (7) model years of age, is lacking 'Vital component parts, and does- not display a license plate currently valid in Minnesota or any other or foreign country, it shall immediately be. eligible for sale at „public auction, and shall not be subject to the noti fication, reclamation, or title provisions of Sections I1,, 2 or 3. 6. 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 ; publica - Lion costs incurred pursuant to this ordinance. Any remainder from the proceeds of a sale shall be held for the o*rjner 'of the vehicle or entitled lienholder for ninety (90) days and then shall be deposited in the City Treasury. i4, 7. Definitions: a) " Abandoned motor vehicle " means a motor vehicle, as defined in Minnesota Statutes, Section 169.01, that has remained for period of more than forty- eight (48) hours on public property illegally or lacking vital component parts, or has remained for a period of more than forty -eight (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 substan- tial 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 de- fined in Minnesota Statutes, Section 168.10, and vehicles on the premises of junk yards and auto graveyards main— tained and licensed in accordance with applicable state laws and local ordinances shall not be considered aban- doned motor vehicles within the meaning of this ordi- nance. b) "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 wheeTS. 8. Where no bid has been received for an abandoned motor vehicle the City may dispose of it pursuant to contract under M.S.A. 168B.10. SECTION III - VIOLATION - 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 by a fine not to exceed Seven.Hundred Dollars ($700.00) or by imprisonment in the County Jail for not more than ninety (90) days, or both. This ordinance shall be effective from and after its passage and publication according to law. Passed by the City Council of the City of Prior Lake, Scott County, Minnesota, this 4th day of September 1984. ATTEST: � � I City Manager Mayor Published'in the Prior Lake American this 12th day of Septa[ber 1984. Drafted by; Lommen, Nelson, Sullivan & Cole, P.A. 1120 TCF Tower Minneapolis,.Minnesota 55402