Mound City Code 170.00
Section 170 – UNCLAIMED, LOST AND ABANDONED PROPERTY
170.01 Abandoned Motor Vehicles.
Subd. 1. Impoundment and Sale. The City Police Department shall take into custody and impound any abandoned motor vehicle as defined by Minnesota Statutes, 168B.02, Subdivision 2. It shall give notice of the taking as provided by law and if the owner or any lien holder does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at public auction or sale following two weeks published notice.
Subd. 2. Summary Action in Certain Cases. When an abandoned motor vehicle is more than seven 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 sale under Subd. 1 and shall not be subject to the notification, reclamation, or title provisions of Minnesota Statutes 168B.01 to 168B.13.
Subd. 3. Disposition of Proceeds. The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the City. If the former owner or entitled lienholder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, he/she shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice and publication costs incurred in its handling.
170.05 Other Abandoned Property.
Subd. 1. Procedure. All other property lawfully coming into the possession of the City shall be disposed of as provided in this Section.
Subd. 2. Storage. The department of the City acquiring possession of the property shall arrange for its storage. If City facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities.
Subd. 3. Claim by Owner. The owner may claim the property by exhibiting 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.
Subd. 4. Sale. If the property remains unclaimed in the possession of the City for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the Chief of Police of the City after two weeks published notice setting forth the time and place of the sale and the property to be sold.
Subd. 5. 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, he/she shall be paid the proceeds of the sale of his/her property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale.
170.10 Civil Action to Recover City Costs. The City may, after any sale made pursuant to Subsections 170:01 or 170:05 of the Mound Code, maintain an action in any appropriate court against any person to recover the cost of removing and disposing of abandoned property in the event the proceeds of sale of such abandoned property shall be insufficient to cover such costs.
170.15 Custody of Found Property Other Than Bicycles and Animals. The City Manager shall make provisions for receiving and safekeeping found property and money delivered to him/her and coming into his/her possession in the course of municipal operations. A receipt shall be issued to the person delivering such property or money to the City. Such property shall be stored in a safe place and such money deposited with the City Treasurer in a special account for found money for a period of six (6) months unless claimed by the true owner. It shall then be subject to disposal as unclaimed property or money.
170.20 Claims by Owner. During such six (6) month period, the City Manager shall deliver such property or order such money paid to the true owner upon proof of ownership satisfactory to the City Manager after ten (10) days notice by mail to any person who has asserted a claim of ownership. No order for the disbursement of such money shall be made without the written order of the City Manager. If ownership cannot be determined to the City Manager's satisfaction, the City Manager may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.
170.25 Claim by Finder. If the true owner does not claim the property or money during this six (6) month period, the City Manager shall deliver the property or order the money to the paid to the person who delivered it to the City Manager if at the time of delivery such person indicated in writing that he/she wished to assert a claim to the property or money as a finder. Unclaimed, lost and abandoned property found by City employees during the time that they are working their normal work hours or being paid by the City shall be turned over to the City Manager. If said property is not claimed by the owner, said property shall be disposed of in accordance with Subsection 170.05, Subd. 4 or Subsection 170.30 of the City Code.
170.30 Transfer to General Fund. If any such money is not claimed by the true owner or finder within the six (6) month period, the City Manager shall then notify the City Clerk and the money shall be transferred to the General Fund of the City. (ORD. #27-1989 - 6-26-89)