City Code: 120:0

Section 120 - Impounded and Unclaimed Property; Disposition

Section 120:00. Impounding. Any vehicle parked in violation of the ordinances and regulations of this municipality, any water craft docked or moored in violation of the ordinances and regulations of this municipality, any property which shall unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage or unsafe any public street, lands or waters, or any property unlawfully coming into the possession of the City and remaining unclaimed by the owners shall be impounded when such impoundment is necessary and in the public interest or in the interest of preservation of the private right in the property.

Section 120:05. Care. Impounded property shall be stored and cared for by the Chief of Police to reasonably insure its preservation and returned to the owner at the earliest opportunity. Any cost of storage or care shall be paid by the owner before return of the property. If the cost of care and storage exceeds the value of the property, or the property is of no value, it may be summarily disposed of.

Section 120:10. Unclaimed Property. Impounded property unclaimed after reasonable notice to the owner shall be disposed of in accordance with Minnesota Statutes.

Section 120:15. Public Sale. Impounded property may be sold at public auction to the highest bidder for cash after publication of a notice of a sale in the official newspaper not less than ten (10) days before the date of the sale, and after mailing a copy of such notice to the owner thereof, if known, by certified mail no less than five (5) days before the sale, at his last known address, if such address can reasonably be ascertained.

Section 120:20. Private Sale. If remaining unsold after public sale, impounded property may be sold at a private sale.

Section 120:25. Notice. The required notice shall state the time and place of sale, the description of the property, the cost of removal and storage for which the sale will be held, and that the sale is pursuant to the provisions of Section 120:00 et seq.

Section 120:30. Conduct of Sale. The Chief of Police or such person as may be designated by him, shall conduct the sale and shall execute and deliver to the purchaser a certificate of sale of such property.

Section 120:35. Proceeds of Sale. The proceeds of the sale shall be applied to expenses of sale, then to the costs of impounding, including removal, storage and care. Any balance remaining shall be placed in the General Fund, subject to the right of the owner to claim the same upon application and satisfactory proof of ownership within six (6) months of the sale.

Section 120:40. Animals Excluded. This ordinance shall not apply to animals impounded under Chapter X of this code.

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