CHAPTER 90: ABANDONED PROPERTY

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CHAPTER 90: ABANDONED PROPERTY

Section

General Provisions

90.01 Disposition of abandoned property

Abandoned Vehicles

90.15 Findings and purpose

90.16 Definitions

90.17 Violation to abandon motor vehicle

90.18 Authority to impound vehicles

90.19 Sale; waiting periods

90.20 Notice of taking and sale

90.21 Right to reclaim

90.22 Operator*s deficiency claim; consent to sale

90.23 Disposition by impound lot

90.24 Disposal authority

90.25 Contracts; reimbursement by MPCA

GENERAL PROVISIONS

§ 90.01 DISPOSITION OF ABANDONED PROPERTY.

(A) Procedure. Except for abandoned and junked vehicles, all property lawfully coming into

possession of the city shall be disposed of as provided in this section which is adopted pursuant to

M .S. § 471.195, as it may be amended from time to time. Abandoned and junked vehicles shall be

disposed of according to the procedures of § 90.15 et seq.

(B) Storage. The department of the city acquiring possession of the property shall arrange for

its storage. If city facilities are unavailable or inadequate, the department may arrange for storage

at a privately-owned facility.

ownership and paying the city any storage or maintenance costs incurred by it. A receipt for the

property shall be obtained upon release to the owner.

(D) Sale. If the property remains unclaimed in the possession of the city for 60 days, the

property shall be sold to the highest bidder at a public auction conducted by the City Clerk or his

or her designee after two weeks* published notice setting forth the time and place of the sale and

the property to be sold.

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(E) Disposition of proceeds. The proceeds of the sale shall be placed in the general fund of

the city. If the former owner makes application and furnishes satisfactory proof of ownership

within six months of the sale, the former owner shall be paid the proceeds of the sale of the

property less the costs of storage and the proportionate part of the cost of published notice and

other costs of the sale.

ABANDONED VEHICLES

§ 90.15 FINDINGS AND PURPOSE.

M.S. Ch. 168B, and Minn. Rules Ch. 7035, as they may be amended from time to time, are

hereby adopted by reference. Sections 90.15 through 90.25 of this code are adopted under the

authority of M.S. § 168B.09, Subd. 2, as it may be amended from time to time. If any of these

provisions are less stringent that the provisions of § M.S. 168B or Minn. Rules Ch. 7035, as it may

be amended from time to time, the statute or rule shall take precedence.

§ 90.16 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning.

ABANDONED VEHICLE.

(1) A motor vehicle, as defined in M.S. § 169.01 as it may be amended from time to time,

that:

(a) Has remained illegally:

1. For a period of more than 48 hours on any property owned or controlled by a

unit of government, or more than four hours on that property when it is properly posted; or

2. On private property for a period of time, as determined under § 90.18(B),

without the consent of the person in control of the property; and

(b) Lacks vital component parts or is in an inoperable condition that it has no

substantial potential for further use consistent with its usual functions, unless it is kept in an

enclosed garage or storage building.

(2) A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended from

time to time, is not considered an abandoned vehicle.

(3) Vehicles on the premises of junk yards and automobile graveyards that are defined,

maintained, and licensed in accordance with M.S. § 161.242 as it may be amended from time to

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time, or that are licensed and maintained in accordance with local laws and zoning regulations, are

not considered abandoned vehicles.

(4) A vehicle being held for storage by agreement or being held under police authority or

pursuant to a writ or court order is not considered abandoned, nor may it be processed as

abandoned while the police hold, writ or court order is in effect.

DEPARTMENT. The Minnesota Department of Public Safety.

IMPOUND. To take and hold a vehicle in legal custody. There are two types of impounds:

public and nonpublic.

IMPOUND LOT OPERATOR or OPERATOR. A person who engages in impounding or

storing, usually temporarily, unauthorized or abandoned vehicles. OPERATOR includes an

operator of a public or nonpublic impound lot, regardless of whether tow truck service is

provided.

JUNK VEHICLE. A vehicle that:

(1) Is three years old or older;

(2) Is extensively damaged, with the damage including things as broken or missing wheels,

motor, drive train or transmission;

(3) Is apparently inoperable;

(4) Does not have a valid, current registration plate; and

(5) Has an approximate fair market value equal only to the approximate value of the scrap

in it.

MOTOR VEHICLE or VEHICLE. Has the meaning given “motor vehicle” in M.S. § 169.01,

as it may be amended from time to time.

MOTOR VEHICLE WASTE. Solid waste and liquid wastes derived in the operation of or in

the recycling of a motor vehicle, including such things as tires and used motor oil, but excluding

scrap metal.

MPCA or AGENCY. The Minnesota Pollution Control Agency.

PUBLIC IMPOUND LOT. An impound lot owned by or contracting with a unit of government

under section § 90.24.

UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment

pursuant to § 90.18(B), or M.S. § 169.041 as it may be amended from time to time, but is not a junk

vehicle or an abandoned vehicle.

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UNIT OF GOVERNMENT. Includes a state department or agency, a special purpose district,

and a county, statutory or home rule charter city, or town.

VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the

mechanical functioning of the vehicle, including such things as the motor, drive train and wheels.

§ 90.17 VIOLATION TO ABANDON MOTOR VEHICLE.

Any person who abandons a motor vehicle on any public or private property, without the

consent of the person in control of the property, is guilty of a misdemeanor. Penalty, see § 10.99

§ 90.18 AUTHORITY TO IMPOUND VEHICLES.

(A) Abandoned or junk vehicles. The City Clerk or his or her designee or any peace officer

employed or whose services are contracted for by the city may take into custody and impound any

abandoned or junk vehicle.

(B) Unauthorized vehicles. The City Clerk, or his or her designee or any peace officer

employed or whose services are contracted for by the city may take into custody and impound any

unauthorized vehicle under M.S. § 169.041 as it may be amended from time to time. A vehicle may

also be impounded after it has been left unattended in one of the following public or private

locations for the indicated period of time:

(1) In a public location not governed by M.S. § 169.041 as it may be amended from time to

time:

(a) On a highway and properly tagged by a peace officer, four hours;

(b) Located so as to constitute an accident or traffic hazard to the traveling public, as

determined by a peace officer, immediately; or

government, properly posted, four hours; or

(2) on private property:

(a) That is single-family or duplex residential property, immediately;

(b) That is private, nonresidential property, properly posted, immediately;

(d) That is any residential property, properly posted, immediately.

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§ 90.19 SALE; WAITING PERIODS.

(A) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under § 90.23,

15 days after notice to the owner, if the vehicle is determined to be:

(1) A junk vehicle, except that it may have a valid, current registration plate and still be

eligible for disposal or sale under this subdivision; or

(2) An abandoned vehicle.

(B) Sale after 45 days. An impounded vehicle is eligible for disposal or sale under § 90.23,

45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle.

§ 90.20 NOTICE OF TAKING AND SALE.

(A) Contents; notice given within five days. When an impounded vehicle is taken into

custody, the city or impound lot operator taking it into custody shall give notice of the taking within

five days. The notice shall:

(1) Set forth the date and place of the taking; the year, make, model and serial number of

the impounded motor vehicle if the information can be reasonably obtained; and the place where

the vehicle is being held;

(2) Inform the owner and any lienholders of their right to reclaim the vehicle under §

90.21; and

(3) State that failure of the owner or lienholders to exercise their right to reclaim the

vehicle and contents within the appropriate time allowed under § 90.19 shall be deemed a waiver

by them of all right, title and interest in the vehicle and contents and a consent to the transfer of title

to and disposal or sale of the vehicle and contents pursuant to § 90.23.

(B) Notice by mail or publication. The notice shall be sent by mail to the registered owner, if

any, of an impounded vehicle and to all readily identifiable lienholders of record. The Department

makes this information available to impound lot operators for notification purposes. If it is

impossible to determine with reasonable certainty the identity and address of the registered owner

and all lienholders, the notice shall be published once in a newspaper of general circulation in the

area where the motor vehicle was towed from or abandoned. Published notices may be grouped

together for convenience and economy.

from the date the notice was sent under division (B) of this section, a second notice shall be sent

by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized

vehicle and to all readily identifiable lienholders of record.

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§ 90.21 RIGHT TO RECLAIM.

(A) Payment of charges. The owner or any lienholder of an impounded vehicle shall have a

right to reclaim the vehicle from the city or impound lot operator taking it into custody upon

payment of all towing and storage charges resulting from taking the vehicle into custody within 15

or 45 days, as applicable under § 90.19, after the date of the notice required by § 90.20.

(B) Lienholders. Nothing in this chapter shall be construed to impair any lien of a

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 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.

§ 90.22 OPERATOR* *S DEFICIENCY CLAIM; CONSENT TO SALE.

(A) Deficiency claim. The nonpublic impound lot operator has a deficiency claim against the

registered owner of the vehicle for the reasonable costs of services provided in the towing,

storage and inspection of the vehicle minus the proceeds of the sale or auction. The claim for

storage costs may not exceed the costs of:

(1) 25 days storage for a vehicle described in section § 90.19(A); and

(2) 55 days storage for a vehicle described in § 90.19(B).

(B) Implied consent to sale. A registered owner who fails to claim the impounded vehicle

within the applicable time period allowed under section § 90.19 is deemed to waive any right to

reclaim the vehicle and consents to the disposal or sale of the vehicle and its contents and transfer

of title.

§ 90.23 DISPOSITION BY IMPOUND LOT.

(A) Auction or sale.

(1) If an abandoned or unauthorized vehicle and contents taken into custody by the city or

any impound lot is not reclaimed under § 90.21, it may be disposed of or sold at auction or sale

when eligible pursuant to § 90.20 and 90.21.

(2) 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 a vehicle is issued a new certificate of title, it must receive a motor

vehicle safety check.

(B) Unsold vehicles. Abandoned or junk vehicles not sold by the city or public impound lots

pursuant to division (A) of this section shall be disposed of in accordance with section § 90.24.

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or public impound lot of an abandoned or unauthorized 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 in handling the vehicle pursuant to this chapter. Any remainder from the

proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and

then shall be deposited in the treasury of the city.

(D) Sale proceeds; nonpublic impound lots. The operator of a nonpublic impound lot may

retain any proceeds derived from a sale conducted under the authority of division (A) of this

section. The operator may retain all proceeds from sale of any personal belongings and contents in

the vehicle that were not claimed by the owner or the owner*s agent before the sale, except that

any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial

must be turned over to the appropriate law enforcement agency.

§ 90.24 DISPOSAL AUTHORITY.

The city may contract with others or may utilize its own equipment and personnel for the

inventory of impounded motor vehicles and abandoned scrap metal and may utilize its own

equipment and personnel for the collection, storage and transportation of these vehicles and

abandoned scrap metal. The city may utilize its own equipment and personnel only for the

collection and storage of not more than five abandoned or unauthorized vehicles without

advertising for or receiving bids in any 120-day period.

§ 90.25 CONTRACTS; REIMBURSEMENT BY MPCA.

(A) MPCA review and approval. If the city proposes to enter into a contract with a person

licensed by the MPCA pursuant to this section or a contract pursuant to section § 90.24, the MPCA

may review the proposed contract before it is entered into by the city, to determine whether it

conforms to the MPCA*s plan for solid waste management and is in compliance with MPCA rules.

A contract that does so conform may be approved by the MPCA and entered into by the city.

Where a contract has been approved, the MPCA may reimburse the city for the costs incurred

under the contract that have not been reimbursed under section § 90.23. Except as otherwise

provided in § 90.24, the MPCA shall not approve any contract that has been entered into without

prior notice to and request for bids from all persons duly licensed by the MPCA to be a party to a

disposal contract pursuant to M.S. § 116.07, as it may be amended from time to time; does not

provide for a full performance bond; or does not provide for total collection and transportation of

abandoned motor vehicles, except that the MPCA may approve a contract covering solely

collection or transportation of abandoned motor vehicles where the MPCA determines total

collection and transportation to be impracticable and where all other requirements herein have

been met and the unit of government, after proper notice and request for bids, has not received any

bid for total collection and transportation of abandoned motor vehicles.

(B) The city may perform work. If the city utilizes its own equipment and personnel pursuant

to its authority under § 90.24, and the use of the equipment and personnel conforms to the MPCA*s

plan for solid waste management and is in compliance with MPCA rules, the city may

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be reimbursed by the MPCA for reasonable costs incurred which are not reimbursed under section

§ 90.23.

disposal of abandoned motor vehicles and other scrap metal pursuant to the MPCA*s plan for solid

waste disposal. If the city fails to contract within 180 days of the demand, the MPCA, through the

Department of Administration and on behalf of the city, may contract with any person duly licensed

by the MPCA for the disposal.

Lake Lillian, Minnesota

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CHAPTER 90: ABANDONED PROPERTY