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HomeMy WebLinkAbout01-072 .CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA Date May 21, 2001 Resolution O1-72 Motion By Luck Seconded By yellows .RESOLUTION APPROVING LAKEVILLE POLICE DEPARTMENT ORDER #325 CONCERNING MOTOR VEHICLE FORFEITURES WHEREAS, Minnesota Laws authorize the forfeiture of motor vehicles to the. City under prescribed circumstances; and WHEREAS, the City. wishes to establish a procedure for the processing of vehicle forfeitures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: • 1. Lakeville Police Department .Order #325, .General Order ' - Motor Vehicle Forfeitures, a copy of which is attached .hereto as Exhibit "A", is approved and. adopted... 2. Section VII , T. of .the Schedule of Fees is hereby. amended to include- a Motor Vehicle Forfeiture Administrative Fee of $300. ADOPTED this 21St day of May, 2001, by the City .Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. J son, Mayor EST: Charlene Friedges, City C r 93866:01 RNK:OSf 16/2001 EXHIBIT «A» 325 MOTOR VEHICLE FORFEITURES 1/3 Lakeville Police Department Order #325 General Order- Motor Vehicle Forfeitures Date: 5/01 Personnel: All Personnel Issued by: Chief of Police Note: See also Minnesota State Statute 169A.63. Policy: Our policy is to appropriately enforce Minnesota law regarding motor vehicle forfeiture, without burdening taxpayers with additional administrative fees. Order 325: Any vehicles that are subject to forfeiture under the law .,hall have the process .initiated until an appropriate resolution can be determined. a. Administrative Fee Every vehicle that is released shall be subject to an administrative fee as set by the City Council to be paid to the City of Lakeville to cover costs incurred in the process.: This administrative fee will be paid in addition to any costs including, • but not limited to, accrued storage and towing fees on the forfeited vehicle.. The Chief of Police or his: designee shall have. the discretion to waive or reduce the administrative fee if there are exceptional circumstances. b. General Procedures for Forfeiture For-all Vehicles Subject to Forfeiture.: -The arresting Officer should complete the Administrative Forfeiture Notification form and ensure the driver has received the appropriate copy before being released or transported. The arresting office may not act as'the individual designated by the Chief of Police to supervise the forfeiture process herein. -In addition, check the registration to determine if the vehicle is: Leased - Owned, Subject to a Secured Lien - Owned, Without Secured Liens -Appropriate copies should also be given to any/all lessors, lien holders,. andlor owners at the time of booking if possible. • -Following booking, the remaining forfeiture forms hould be included in the reports and forwarded to the Records Division. These. forms will be referred to the designee assigned to supervise the forfeiture process. 93866.01 RNK:OS/16/2001 .Lakeville Police Department MOTOR VEHICLE FORFEITURES 2!3 c. Leased Vehicles. -The Chief or designee assigned to supervise the forfeiture process will contact the leasee to determine if they agree to have the vehicle released back to the lessor. If the leasee agrees, the lessar will be advised to take possession of the vehicle after submitting payment for incurred costs including, but not limited to, storage, towing, and the administrative fee. -If no agreement is made to take possession, Intent to Forfeit :forms will be sent to the lessor, and the process will continue through the civil process. d. Vehicles Subject to Secured Lien -The Chief or designee assigned to supervise the forfeiture process will contact the lien holder and compare lien value to vehicle value as well as any arrearages owed by the vehicle owner. If arrearages are owed, and/or the lien is greater than the vehicle value, the lien holder must submit information showing the arrearages. The vehicle may thenbe released to the lien. holder after submitting payment for • incurred costs including, but not.limited to, storage, towing, and. the administrative fee. If no agreement is made with the lien holder, the forfeiture will continue. -If there are no listed arrearages, the registered owner maybe notified and the owner may give consent to release the vehicle to the. lien holder. Following .consent, the City may release the vehicle to the lien holder. If the owner does not give consent, the forfeiture process may. continue. If the lien holder can show arrearages after the 30-day time frame to file for a judicial administrative review, .the vehicle maybe released to the lien holder. This would be treated like repossession by the lien holder. -If the lien is less than the vehicle value, the City Attorney will move forward with the contested forfeiture process and may negotiate. a settlement of the case based upon criteria including, but not limited to: the vehicle value, equity, additional. owners, and hardship:. If there is no agreement, the forfeiture process will continue. d. Vehicles without Secured Liens Listed -The Chief or desginee assigned to supervise the forfeiture will follow through to ensure that all registered owners are served with the Intent to Forfeit Notice. 93866:01 RNK:OS/16/2001. ~ o Lakeville Police Department MOTOR VEHICLE FORFEITURES 3/3 -If there is no filin for 'udicial administrative review and it has been 30 da s g 1 Y since the parties were notified,: the City Attorney will file to have the City obtain title. to the vehicle. e. Forfeited Vehicles by Outside Agencies -The City Attorney will not handle any: forfeiture proceedings unless the outside .agency agrees to pay for any and all costs incurred. g. Vehicle sales -Forfeited vehicles will be sold at public auction unless sale by another method is approved. by the City Council. f. Recreational Vehicles -Recreational vehicles will be forfeited. following the same procedures set forth herein subject to the .additional requirements in Minnesota statues.. • 93866.01 RNK:OS/1612001