HomeMy WebLinkAbout2018-380 Amending Text of Chapter 80 Abandoned and Junk VehiclesCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2018-380
Motion By: Keefe
Seconded By: Schultz
CITY OF CORCORAN
October 25, 2078
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 80 OF THE CORCORAN CITY
CODE RELATED TO ABANDONED AND JUNK VEHICLES (CITY FILE 18-013)
THE CITY OF CORCORAN ORDAINS:
SECTION 1. Amendment of the Cit Code. The text of Chapter 80.02 "Abandoned and Junk
Vehicles" (General Regulations) of the Corcoran City Code is hereby amended by deleting the
material and adding the underlined material as follows:
CHAPTER 80: ABANDONED AND JUNK VEHICLES
80.01: DISPOSITION OF ABANDONED PROPERTY.
(A) P�ocedu�e. In accordance with Minn. Stat. �471.195, as may be amended from time to time,
%001, all property, except for abandoned and iunked vehicles,
lawfully coming into possession of the city shall be disposed of as provided in this section.
Abandoned and junked vehicles shall be disposed of according to the procedures of 80.10 .
(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.
(C) Claim by owner. The owner may claim the property by ewAiibiting satisfactory proof of
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 then of the city for 60 days, the property
shall be sold to the highest bidder at a public auction conducted by the ��; �� ^� �'^' ��c�ity or the
ci _ 's designee after two weeks' published notice setting forth the time and place of the sale and the
property to be sold.
(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 properly less the
costs of storage and the proportionate part of the cost of published notice and other costs of the sale.
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City of Corcoran
County of Hennepin
State of Minnesota
80.02�: FINDINGS AND PURPOSE.
October 25, 2018
Abandoned motor vehicles constitute a hazard to the health and welfare of the people of the city in
that such vehicles can harbor noxious materials; furnish shelter and breeding places for vernun, and
present physical dangers to the safety and well-being of children and other citizens. Abandoned motor
vehicles and other scrap metals also constitute blight on the landscape of the city and therefore a
detriment to the environment.
80.03�: 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 Minn. Stat. &A4; 169.01, that 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 80.05�(B), without the
consent of the person in control of the property; and lacks vital component parts or is in an
inoperable condition such 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) Vehicles on the premises of junkyards and automobile graveyards that are defined, maintained,
and licensed in accordance with Minn. Stat. 161.242, or that are licensed and
maintained in accordance with local laws and zoning regulations, are not considered
abandoned vehicles.
DEPARTMENT. The Minnesota Department of Public Safety.
f a narki
vehicles. (Minn. Stat. ���-168B.07
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IMPOUND. To take and hold a vehicle in legal custody. There areas two types of impound: 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.
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City of Corcoran
County of Hennepin
State of Minnesota
October 25, 2078
INOPERABLE VEHICLE. Any car, truck, van, recreational vehicle, motorcycle, snowmobile
or other vehicle typically powered by an engine or motor, excepting properly licensed and
registered watercraft, that has been in a stationary position for more than 30 calendar days, is
apparently inoperable or requires repairs in order to be operable, or is unable to move a
significant distance under its own power on a flat surface, or on which there are displayed neither
valid license plates nor a valid registration decal.
TUNK VEHICLE. Any motor vehicle which cannot meet all of the following criteria:
1. The vehicle must be able to be driven or propelled under its own power upon demand in its
existing condition; and
2. The vehicle must be able to be driven or propelled under its own power in a safe manner and
not be wrecked, junked, or dismantled at the time of inspection and/or abatement; and
3. The vehicle must have current license plates and tabs; and
4. The vehicle must have current proof of liability insurance, as required by state law.
A classic car or pioneer car, as defined in Minn. Stat. §�4�168.10, is not considered an abandoned
ve is e.
MOTOR VEHICLE or VEHICLE. Has the meaning given motor vehicle in Minn. Stat. ��:
1690010
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.
NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot.
PUBLIC IMPOUND LOT. An impound lot owned by or contracting with a unit of government
under section 80.24.
UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment pursuant
to 80.05�(B), or Miim. Stat. §��169.041, but is not a junk vehicle or an abandoned vehicle.
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 those are essential to the mechanical
functioning of the vehicle, including such things as the motor, drive train and wheels.
(Minn. Stat. M�* :-168B.011)
80.04477: VIOLATION TO ABANDON MOTOR VEHICLE.
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City of Corcoran
County of Hennepin
State of Minnesota
Any person who abandons a motor vehicle on any public or priv
the person in control of such property, is guilty of a misdemeanor.
(Minn. Stat. : 166B.03)-I'-����
October 25, 2018
to property, without the consent of
80.04�: VIOLATION TO STORE INOPERABLE VEHICLE OR JUNK MOTOR
VEHICLE.
No person shall store, outside of an enclosed garage or similar building, any inoperable or junk motor
vehicle on his or her property. The property owner shall not give permission to store inoperable junk
vehicles) on his or her property. The property owner shall be responsible for compliance with this
section and shall be guilty of a misdemeanor if violated. Vehicles on the premises of junkyards and
automobile graveyards that are defined, maintained, and licensed in accordance with Minn. Stat.
161.242, or that are maintained in accordance with local laws and zoning regulations, may be
stored on the business property.
80.05-�: AUTHORITY TO IMPOUND VEHICLES.
(A) Abandoned o� junk vehicles. Units of government and peace officers may take into custody
and impound any abandoned or junk vehicle.
(B) Unauthorized vehicles. Units of government and peace officers may take into custody and
impound any unauthorized vehicle under Minn. Stat. §�--169.041. 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:
l . In a public location not governed by Minn. Stat. �-169.041:
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
c. That is a parking facility or other public property owned or controlled by a unit
of government, properly posted, four hours; or
private property:
a. That is single-family or duplex residential property, immediately;
b. That is private, nonresidential property, properly posted, immediately;
c. That is private, nonresidential property, not posted, 24 hours; or
d. That is any residential property, properly posted, immediately. (Minn. Stat.
M40- 0 168B.04)
80.06�: SALE; WAITING PERIODS.
(A) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under 80.09�, 15
days after notice to the owner, if the vehicle is determined to be:
1.
A j unk vehicle, except that it may have a valid, current registration plate and still be eligible
for disposal or sale under this subdivision; or
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City of Corcoran
County of Hennepin
State of Minnesota
2. A.n abandoned vehicle.
October 25, 2018
(B) Sale after 45 days. An impounded vehicle is eligible for disposal or sale under 80.09�, 45
days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle. (Minn. State
�M�s 0-168B.051)
80.07�: NOTICE OF TAHING AND SALE.
(A) Contents; notice given within five days. When an impounded vehicle is taken into custody,
the unit of government 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
vehicle if such information can be reasonably obtained; and the place
impounded motor
where the vehicle is being held;
2. Inform the owner and any lien holders of their right to reclaim the vehicle under 80.08�-; and
3. State that failure of the owner or lien holders to exercise their right to reclaim the vehicle
and contents within the appropriate time allowed under 80.064.9 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 80.0924.
(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 lien holders 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 lien
holders, 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.
(C) UnauthoNized vehicles; notice. If an unauthorized vehicle remains unclaimed after 30 days
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 lien holders of record. (Minn. State -168B.06)
80.0823: RIGHT TO RECLAIM.
(A) Payment of charges. The owner or any lien holder of an impounded vehicle shall have a right
to reclaim such vehicle from the unit of government 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 80.064�9, after the date of the notice required by 80.0720.
(B) Lien holders. Nothing in this chapter shall be construed to impair any lien of a garage keeper
under the laws of this state, or the right of a lien holder to foreclose. �^• +�,o �1,,.,��Qr n��-�i��o„+;��,�
Page
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City of Corcoran
County of Hennepin
State of Minnesota
October 25, ZU7 6
80.09 : 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 80.05�(A); and
2. 55 days storage for a vehicle described in 80.05�(B).
(B) Implied consent to sale. A registered owner who fails to claim the impounded vehicle within
the applicable time period allowed under section 80.064=9 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. Minn.
Stat. ��168B.087)
80.10�: DISPOSITION BY IMPOUND LOT.
(A) Auction or sale.
1. If an abandoned or unauthorized vehicle and contents taken into custody by a unit of
government or any impound lot is not reclaimed under 80.08m , it may be disposed of or
sold at auction or sale when eligible pursuant to 80.0620 and 80.0724.
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 such 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 units of government or public
impound lots pursuant to division (A) of this section shall be disposed of in accordance with section
80.1124.
(C) Sale proceeds; public entities. From the proceeds of a sale under this section by a unit of
government or public impound lot of an abandoned or unauthorized motor vehicle, the unit of
government 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 lien
holder for 90 days and then shall be deposited in the treasury of the unit of government.
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City of Corcoran
County of Hennepin
State of Minnesota
October 25, 2018
(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. (Minn. Stat.168B.08)
80.11�: DISPOSAL AUTHORITY.
A unit of government may contract with others or may utilize its own equipment and personnel for
the inventory of impounded motor vehicles and abandoned scrap metal and, if no bids are received,
may utilize its own equipment and personnel for the collection, storage and transportation of these
vehicles and abandoned scrap metal; provided, however, that a unit of government may utilize its own
equipment and personnel 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. (Minn. Stat.
gkoLM016 lip
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
VOTING AYE
® Thomas, Ron
® Bottema, Jon
® Dejewski, Brian
® Keefe, Mike
® Schultz, Alan
VOTING NAY
❑ Thomas, Ron
❑ Bottema, Jon
❑ Dejewski, Brian
❑ Keefe, Mike
❑ Schultz, Alan
Whereupon, said Resolution is hereby declared adopted on this 25t" day of October 2018.
ATTEST:
Je
Ron Thomas -Mayor
ica Beise —City Clerk/Administrative Services Coordinator
City Seal
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