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Home My WebLink About0266 ~N ORDINANCE NO. 266 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5 OF THE CITY CODE BY ADDING A CHAPTER CONCERNING THE DISPOSAL OF UNCLAIMED PROPERTY The Lakeville City Council ordains as follows: Section 1. Title 5 of the Lakeville City Code is amended by adding Chapter 4 to read as follows: 5-4-1: DEFINITIONS: In this Chapter: MOTOR VEHICLE: Every vehicle which is self-propelled. NET PROCEEDS: The sale price of any item of property or of a motor vehicle, less any costs of handl- ing, storage and sale. PROPERTY: All forms of tangible personal property. 5-4-2: DISPOSAL OF PROPERTY OTHER THAN MOTOR VEHICLES: Unless otherwise specified in this Section, property lawfully coming into the possession of the City and its duly designated agents, in the course of its Municipal operations shall be stored and safely maintained by the City for a period of sixty (60) days. Such property shall be disposed of by the City in the following manner: (A) During such sixty (60) day period the City may deliver such property to the owner upon proof of ownership, and upon ten (10) days' notice by mail to other persons who may have asserted claim of ownership. In the event ownership cannot be determined to the satisfaction of the City Administrator, or his designee, he may refuse to deliver such property to anyone until ordered to do so by the court. The City Administrator may in his discretion choose to deposit such property with the court if there are sufficient competing claims to the property. (B) If the true owner does not claim the property during the sixty (60) day period, the City may release the unclaimed property to the finder of the property if, at the time of delivery to the City, the finder indi- cated in writing that he or she wished to assert a claim to the property as finder. This subsection is not applicable if the property was found by a City employee in the ordinary course of his other duties. (C) Upon the expiration of the sixty (60) day period, property remaining unclaimed may be sold by the City to the highest bidder at public auction or sale fol- lowing one week published notice thereof. In lieu of public auction or sale, any of such unclaimed property may be appropriated to the use of the City upon approval of such appropriation by the City Administrator. If the property is not sold at the public auction or sale and is not deemed appropriate for use by the City, the City Administrator may then dispose of the property in any manner he deems appro- priate. (D) The City Administrator, or his designee, may at any time without notice and in such manner as he determines to be in the public interest, dispose summarily of any property coming into the City's possession which he determines to be dangerous or perishable. The City Administrator shall make a record of the pertinent facts of the receipt and disposal of such property. 5-4-3: DEPOSIT OF NET PROCEEDS: The net proceeds of the sale of any property other than a motor vehicle, whether by public auction or sale, shall be deposited in the general fund of the City subject to the right of the former owner of the property to the payment of the net sale proceeds from the general fund upon application and satisfactory proof of ownership within six (6) months of the sale. 5-4-4: DISPOSAL OF MOTOR VEHICLES: Motor vehicles impounded by the City and its duly designated agents, or other- wise lawfully coming into its possession during the course of its Municipal operations, shall be disposed of as follows: (A) The City shall give notice of the taking within ten (10) days unless the vehicle is reclaimed prior thereto. (B) The notice shall set forth the date and place of taking, the year, make, model and serial number of the vehicle if such information can be reasonably obtained and the place where the vehicle is being held. (C) The notice shall inform the owner and any lienholders of the right to reclaim the vehicle. (D) The notice shall state that failure of the owner or lienholders to exercise their right to reclaim shall be deemed a waiver by them of all right, title and interest in the vehicle and contents and a consent to the sale of the vehicle and contents at a public auction or sale. (E) The notice shall be sent by mail to the registered owner, if any, of the vehicle and to all readily iden- tifiable lienholders of record. If it is imposible 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 news- paper of general circulation in the area where the motor vehicle was taken. 5-4-4-1: RIGHT OF RECLAIM: The owner or lienholder shall have the right to reclaim the vehicle from the City upon payment of all towing and storage charges resulting from the taking within fifteen (15) days of the notice required by this Section. 5-4-4-2: PUBLIC SALE: If the vehicle is not reclaimed pursuant to Section 5-4-4-1, it shall be sold to the highest bidder at a public auction sale. 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 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 vehicle is issued a new certificate of title, it must receive a motor vehicle safety check. (A) Proceeds of the sale will be used to reimburse the City for its costs involved in towing, preserving and storing the vehicle, and all administrative, notice and publication costs. Any remainder from the proceeds of a sale shall be held for the previous owner or entitled lienholders for ninety (90) days and then shall be deposited in the treasury of the City. 5-4-5: IMMEDIATE SALE: Notwithstanding any other provisions of this Chapter, if a 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 state or foreign country, it shall immediately be eligible for public sale pursuant to Section 5-4-4-2 and shall not be subject to the notification, reclamation or title provisions specified herein. Section 2. This ordinance shall be effective immedi- ately upon its passage and publication. Adopted this 15th day of April 1985. CITY OF LAKEVILLE BY: Dua e Zaun, or ATTEST: J> f,, ~ - ~ r Patrick E. M Garvey, City Clerk/Administrator PUBLIC NOTICE ORDINANCE NO. 266 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5 OF THE CITY CODE BY ADDING A CHAPTER CONCERNING THE DISPOSAL OF UNCLAIMED PROPERTY The Lakeville City Council ordains as follows: Section 1. Title 5 of the Lakeville City Code is amended by adding Chapter 4 to read as follows: 5-4-1: DEFINITIONS: In this Chapter: MOTOR VEHICLE: Every vehicle which is self-propelled. NET PROCEEDS: The sale price of any item of property or of a motor vehicle, less any costs of handling, storage and sale. PROPERTY: All forms of tangible per- sonal property. 5-4-2: DISPOSAL OF PROPERTY OTHER THAN MOTOR VEHICLES: Unless otherwise staecified in this Section, property mow..., �........ .. .. .............w, w U011e -.10355.1 pus 'Sanien `Sjue.lp -.Cy 'sulseq galea 'satoy -uew snoauepaaslw 9)!n uo ganr3suo3 waits ';J' U!100t' L Jamas mats Pa -313er dDa .,96'9 '.,0t',,LZ '1J'u!'I 09Z 1a ,.Z '37 uPf000'6I mew nom M dIQ ..6Z ..Zl .,9 '..9 '33 31!9 000I _ lamas ,fre3Iues 0Ad ..9 'AJ'un 006'01 f uoyeneaxa uowwo0 •sp,CnD 000`01Z t SJN3WIAO)1dWI .LIId1S ONV saurian - NOLLWOV 1St 001 ? 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GUSTAFSON, being duly sworn, on oath says that she is on authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification os a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week, for s1bua-"mks; it was first published on Thursday, the day of 19 , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcdefghijklmnopgrstuvwxyz BY. /41-4 TITLE: Secretary to lisher Subscribed and sworn to before;me on thise- -5:41-•\ day Notary Public •;;,. CAROL . HAVERLAND lay NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec. 3,1989