Agenda Packets - 2001/05/07 - Laserfiche WebLink

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resulting from taking the vehicle into custody within 15 or 45 days as applicable under section 607.06 Subd. 10, after the date of the notice required by section 607.06 Subd 11. To reclaim a motor vehicle impounded pursuant to this ordinance, the owner or leinholder must pay any costs and administrative fees incurred by the City and must agree to relocate the vehicle in accordance with local, state, and federal regulations. The owner or leinholder reclaiming such vehicle shall sign a “Release of Property” and shall agree to immediate impoundment without notice if such vehicle again violates this section. In addition, the City may require a bond to be posted if said vehicle has been subject to a prior impoundment. 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 or motor vehicles. Subd. 13 Operators 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 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 607.06 Subd. 10 (a); and (2) 55 days storage for a vehicle described in section 607.06 Subd. 10 (b). b. Implied consent to sale: A registered owner who fails to claim the impounded vehicle within the applicable period allowed under section 607.06 Subd. 10 is deemed to waive any right to reclaim the vehicle and contents to the disposal or sale of the vehicle and its contents and transfer of title. Subd. 14 Disposition by impound lot.: a. Auction or sale: (1) If a vehicle and contents taken into custody by the City or any impound lot is not reclaimed under section 607.06 Subd. 12, it may be disposed of or sold at auction or sale when eligible pursuant to section 607.06 Subd. 11 and 607.06 Subd. 12. (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: Vehicles not sold by the City or impound lot pursuant to subdivision (a) of this section shall be disposed of in accordance with section 607.06 Subd. 15. c. Sale Proceeds, public entities: From the proceeds of the sale under this section of vehicles constituting a public nuisance, 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 leinholder 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 authority of subdivision (a) of this section. The operator may retain all proceeds from sale of 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.