05-19�fyiz�De.D — U�in,�, c�D�a
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
PI2ESENTED BY
REFE2iRED TO
CObL"IITTEE: DATE
i WHEREAS, adverse action was initiated against the Tow Truck/Wrecker License held by
z Budget Towing Inc., of Saint Paul (License ID#49560) for the premises located at 846 Eazl
a Street Avenue in Saint Paul, alleging failure to give written notification to last listed owner of a
4 towed motorcycle within the required forty-eight (48) hours; and
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WHEREAS, the Office of License, Inspections and Environmental Protection has
recommended a $500.00 fine; and
WHEREAS, the licensee has not contested the allegations; now, therefare be it
RESOLVED, that Budget Towing Inc., of Saint Paul is hereby ordered to pay a fne of
$500.00 for failure to give written notification to last listed owner of a towed motorcycJ� within
th0 requlied foPLy-elgllt (48} hoUYS. The fine is suspended for a period of 18 months .
pravided there are no further violations during this period.
This Resolution, and the action taken above, aze based upon the facts contained in the
December 10, 2004 Notice of Violation letter sent to the licensee and the azguments made at the
Public Hearing on January 5, 2005.
Adopted by Council:
Adoption Certi£ied by Council
33�
Requested by Department of:
By: C Qnr�9^^— J�fPdA.�6
Form Approved by City Attorney
Council File # �S—/9
Green Sheet # ��y
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUofficeJcouncil: Date Initiated: A � /�
LP — Licrnsellnspecrion/E�vironProt 21-DEC-04 Green Sheet NO: 3024734
Contact Person & Phone• Deoartment Sent 7o Person InitiaVDate
Virginia Palmer � 0 icensel[nsoecfioNEnviron Pro � I
266$710 /�j 1 icense/Ins ion/Emiron Pro De rtment Director
Must Be on Councii Agenda by (Date): Number 2 ;ev porn i
� a ' r Routing 3 a or•s O�ce �favor/ASSis[ant .
Ordef 4 un i �
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip AII Lowtions for Signature)
Action Requested:
Approval of the attached resolurion to take adverse acrion against the Tow Truck/Wrecker License held by Budget Towing Inc., of
Saint Paul (License ID#49560) for the premises located at 846 Earl Street in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personai Service Contrads Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Serv'tce Commission 2. Has this person/firm ever been a city employee? _
Yes No
I 3. Does this person/firm possess a skill not normally possessed by any
i current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): �
Licensee failed to give written norice to the ]ast listed owner of a towed motorcycle within the required forty-eight (48) hours in
violation of St. Paul Legislative'Code Secrion 361.08.
Advantapes If Approved:
Penalty imposed as recommended by the Office of LIEP.
DisadvantageslfApproved: .
None.
Disadvantages If Not Approved:
Penalty not imposed as recommended by the Office of LIEP.
7otai Amount of CosURevenue 8udgeted:
Transaction:
Funding Source: Activiri Number:
( Financial information:
(Explain)
OFFICE OF THE CITY ATTORNEY
Mnnuel J. Cervantes, CityAtlorney
CIT`Y OF SAINT PAUL crvrrDr�;�,on
Rnndy C. Ke!/y. May�or 400 Ciry Hall
IS Wes=Ke7logg
Saint Pnul, M�nnuota 55l02
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December 22, 2004
NOTICE OF COUNCIL HEARING
Mr. Roy R. Carison, 7r.
Operations Manager
Budget Towing, Inc. of Saint Paul
1145 Homer Street
St. Paul, MN 55116
OS-�4
Telephone: 65/ 266-81l0
Facsimile: 651 248-5619
RE: Tow Truck/Wrecker License held by Budget Towing, Inc. of Saint Paul for the premises
located at 846 Earl Street in Saint Paul
License ID# 49560
Dear Mr. Carlson:
Piease take notice that this matter has been set on the Public Hearing Agenda for the City Council
meeting scheduled for 5:30 p.m., Wednesday, January 5, 2005 in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolution and other documents which will be presented to the City
Council for their consideration. This is an uncontested matter concerning your failure to give written notice to
the last listed owner of a towed motorcycle within the required forty-eight (48) hours. This matter has been
placed on the public hearing agenda portion of the City Council meeting, during which public discussion is
allowed. The recommendation of the license office is $500.00 fine.
If you have any questions please feel free to contact me at 266-8710.
V ery huly yours,
;
\ � �
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Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
✓Mary Erickson, Assistant Council Secretary, 310 City Hall
Ms. Karin DuPaul, Community Organizer, Dayton's Bluff District 4 Community Council
798 East Seventh Street, St. Paul, MN 55106-6625
AA-ADA-EEO Employer
Ds�q
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Violation:
Date of Violation:
Budget Towing Inc., of Saint Paul
846 Earl Street, Saint Paul, MN 55106
Wednesday, January 5, 2005 @ 5:30 p.m.
Failure to give written notice to last listed owner
of a towed motorcycle within the required 48 hours.
August of 2004
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
$500.00 Fine
Attachments:
1. Proposed resolution
2. Notice of towed motorcycle sent to Randall David Johnson dated
8/28/04.
3. Notice of Violation dated 12/10/04
4. Letter dated 12/19/04 from Roy R. Carlson, Jr. requesting a public
hearing.
5. St. Paul Legislative Code §361.0$
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To: ki.,-,c�.il �a✓%� �n�i�rsod, Date: dI2�rO��f
_}� �j� 21f�Q`( , 8udget Towing (846 Eart Street,
St. Paut, MN) towed and impaunded the following vehicle:
MakelModellYear
This veh"scle was tawed from l`'6S8' L�hc�/.� •
ai the request of /�rv� y�is�.Grarz.�nf' ,�f aPPEECab�Q, �tinnesota
Statut� CH. 188B (abandoning a motor vehicle) : No
pes��n shaRt abarsdon a rnotor vehicle on any puk�lic or private propetty, v,�i#hout
the cor:sent of the person in corttro! of such praperty.
Our records indicaLe kk�at you ate the registerE+.i owner and/or 3isnholder ofi the
vehicle descrit�ed above. Please contact us about the correcf Procedure to
failow to redasm fhe vahicle and ifs contenfs. Each day sforage accumutates at
a raie of $ 3� per day.
t#you �ait to respond to this notification by 10 f C/Q�(
it wilf be de�med as a waive� of your right to recfaim the vehicfe artd its contents
and will act as consent ta the transfer of the vehicIe's tiUe. The abave
mentior3ed vehic(e and corfiertts will then be disposed of ar so[d at auction .
Vehic{e ownes is resaonsible far anv outstandina char�es.
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OFFICE THE CITY ATTORNEY
bfanrce! J. Cen�ante.t, City Atmrney
Ds-i9
CITY OF SAINT PAUL
Randy C. Kelly, bfayor
cr�rt orors�o,�
400 Ciry Hall
IS �V�st Kelingg Blyd.
Sairtt Pau(, hliimesnt¢ 5?!0?
Telrphnrte: 651266-S7I0
Farsimi(e: 65f 29$-�6/9
December 10, 2004
Budget Towing, Inc. of St. Paul
846 Earl Street
Saint Paul, MN 55106
NOTICE OF VIOLATIO�t
RE: Tow Truck/Wrecker License held by Bud�et Towing Inc. of Saint Paul for the premises
located at 846 Earl S[reet in Saint Paul
License ID #: 49560
Dear Sir/Madam:
The Office of License, Inspections and Environmental Protection has recommended
adverse action a�ainst the license referenced above. The basis for the recommendation is as
follows:
On September 7, 2004 the Office of LIEP received a complaint
from Randall Johnson, stating that a Honda motorcycle
registered to him had been towed on August 24, 2004. The
Notice was dated August 28, 2004 and the envelope was
postmarked August 31, 2004.
Saint Paul Legislative Code §361.08 states that "every wrecker
or tow truck motor vehicle service licensee shal(, within
forty-eight (48) hours of receiving a towed vehicle, give written
notice to the last listed owner according to the motor vehicle
registration records of the location of the towed vehicle: '
The Office of LIEP will recommend that you pay a fine of $500 for the violation.
At this time you have two options on how to proceed:
If you do not dispute the above facts and but wish to appear before the Council to discuss
the appropriate penalty, if any, for the violation, you may sent me a letter admitting the
facts and requesting an appearance on the Council's public hearinL agenda.
p.4-ADA-EEO Employer
� Budget Towing, Inc. of St. ^�ul
December 10, 2004
Page 2
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2. If you do dispute the above facts, you may request a hearing before an Administrative
Law Jud�e. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other s witnesses. The St. Paul Ciry Council
will ultimately decide the case.
Please notify me in writing of your decision on how you wish to proceed by December
20, 2004. If you have not contacted me by that date, I will assume that you are not contestin� the
facts and will schedule this matter for a hearin� before the Ci[y Council for a consent agenda, at
which time the recommended penalry of a$500 fine will be assessed.
If you have any ques[ions, feel free to contact me at 266-8710.
Sincerely,
.� � � ����
� /: F�,L ==-:.c� ', ��, ti<<�
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
DS-/9
STATE OF MINNESOTA )
) ss.
COLNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly swom, deposes and says that on December 10,
2004, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof
in an envelope addressed as follows:
Budget Towing, Inc. of St. Paul
846 Earl Street
Saint Paul, MN 55106
(which is the last known address of said person) depositin� the same, �vith posta�e prepaid,
in the United States mail at St. Paul, Minnesota.
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('I I_I; :.l.. l/ � i:
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Subscribed and sworn to before me
day of December, 2004.
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,;1' EXFi!��;SJAN.31.27�5
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DEC 12:e6 PM BUDGET.TOWING.ING o�> r�a �oa� •�
D�ig
Budget Towing Inc. Of Saint Paul
1145 Homer Street
Saint Paul, Minnesota 55116
December 19, 2004
Virginia D. Palmer
Assistant City Attomey
City Of Saint Paul
400 City Hall & Courchouse
IS WestKelloggAoulevazd
Saint Paul, MN 55102
RE: Notice Of Violation
We do not dispute tke facts that you have brought to our attention. We do dispute the fine
and a violation on our record for many reasons.
The Saint Paul Legislative code 361.08 is not only unreasonable it is impossible. We can
only notify a small percent of the Vehicle owners in the time that the city allows. The City Of St.
Paul will not help u5 in any way to retrieve vehicle information for us. So we must rely on the
state which that vehicle is from. The State Of MN Department Oi'Transportation Is not Open
24hr a day, 7 days a week, and they are closed for most holidays. When we do put our tequest for
vehicle information &om the State we may or may not get our information because the 5tate
computers are down a lot. If we need vehicle information from a out of state vehicle we have to
send our requcst by mail to that state and we have to wait up to tluee weeks for the vehicle
information. The State of Califomia will not give us any vehicle information at all because we
are noE n police departtnent.
After we get the vehicle information we then send the notification letter out by certified
mail. The Post office is not open 24hrs a day, 7 days a week and is also closed most holidays.
Our company sends out over 250 certified Letters every month and the post o�ce misplaces at
least 5 of those letters. lt takes at least three weeks to find out that the postal service lost those
letters so we can resend them.
Minnesota Statute 168B. 06 allows a 5 day notice which is a lot more reasonable. Even at
the State Statute we can notify better than 95 percent of the vehicle ow�ners within that period of
time. We request that the City evaluates and change the noiification ta five days,
On August 24, 2004 our company impounded a 78 Honda Motorcycle Licens fione
74008MD in extremely poor condition. Randall Johnson contacted our company by p
August 26`" we told him that he is responsible for the motorcycle whether he picked it up from
our impound lot or not. And it is illegal to abandon a motor vehicle in the state of Minnesota. Mr.
DEC-21-20Ea 12�46 651 771 7085 96i P.01
OS-�9
Johnson said he was not going to pay anyihing bccause the Motorcy�te was junk and not worth
anything. We Asked Mr. ]ohnson if he would sign the Motorcycle over to us so we did not have
to store it for 45 days. Mr. Johnson refused to si�n it over and forced our company to store his
motorcycle for 45 days which the State requires us to do. On October l l, 2004 we sent the
Motorcycle to the Scrap yatd to get shredded and receised $10.00 for the scrap weight. The Only
reason Mr. Johnson complained to the city because he was trying to figure out a way to get out of
paying for his abandoned motorcycle.
Our company understands the reasons that the City and the State puts mandatory owner
notiiication so the vehicle ownets do not have to pay unreasonable storage charges and in the
rare cases that we do not comply we have reduced the storage rates for those custome�s.
Mr. Johnson has never paid any money towazds his bill and he does not plan to. Since we
impounded this motorcycle we are out the original tow drivers wages, fuel for the truck,
insurance for the motorcycle that we had to store for more than 45 days, $2•50 �e $tate charged
us to run the license plate, $4.42 the US Postal Service charged us to send a certified letter and or
drivers wages and fuet to send the motorcycle to the scrap yazd.
Qur company impounds and disposes of over 150 abandoned motor vehicles off of
private property evecy month from the City Of Saint Paui in which we receive very little profit
From. With this service that we provide we help keep this city s cleaner and e safer place and not
at the taxpayers expense.
Budget Towing Ine Of Saint Paul has been in business for 16 years and in al] of our years
of service in this city we have never been cited or fined by the City for the serviccs that we
provide.
We would like to see more enforcement on ihe City towing Ordinances. here is a number
companies that do business in Saint Paul that do not have the proper licensing.
of out of city towing companies towing off of private property that are not licensed by Saint Paul.
Any one can drive through down town Saint Paul and see signs posted of towing companies that
are out of this city and are not licensed.
Sincerely,
��"^� �
Roy R Cazlson Jr
Operations Manager
DEC-21-2004 12�47 651 771 ?285 g6i P'02
Chapter 361. Wreckers.and Tr�� Tmcks"
Pa�e 2 of 5
DS-i9
permit such ser�ice vehicles to be kept cr maintained in the Ciry of Sainc Paul without being licensed under
this chapter.
(C.F. No. 93-ll95, § 2, 12-16-93)
Sec. 361.03. Vehicles exempted.
(1) This chapter shail not apply to wrecker or tow truck service vehicies operated by for-hire carriers who
rtave been issued a certificate or permit by the public service commission or the Interstate Commerce
Commirion and whose se:vices are sole!y restrided to properly identi£ed commercial carrier vehides
utilizing properly id2ntified service vehicles. For purposes of this exemption, "properly identified" means the
nzme and address of the for-hire carrier affixed on both sides of the vehicle in letters not Iess than three (3)
inches in height.
(2) This chapter shali additionalty not appfy to vefiicle transports or mutti-car hau{ing vehicfes.
(C.F. No. 93-1795, c 3, 12-16-93)
Sec. 361.04. Approval required for change of service vehicle.
Such license shall constitute a registration of the vehide so licensed and no other vehicie may be used
without the written approval of the Office of License, Inspections and Environmental Protection. In the event
the licensee during the license year desires to change the vehicle or vehicles so licensed, the licensee shall
make application describing the new vehicle or vehicles to be used and upon payment of a fee of ten doilars
($10.00) Por each repVacement vehicle shatl submit said application to Yhe Office of l'+cense, Inspections and
Environmental Protection for approval. If such approvai is obtained, license certificates shall be issued and
affixed as provided for in section 361.17.
(C.F. No. 93-1795, § 5, 12-16-93)
Sec. 361.05. Application procedure.
Application for a wrecker or tow truck service vehicle license shall be made upon forms provided by the Office
of License, Inspections and Environmental Profection. The license inspector shall investigate the matters
mntained therein and convey approval or disapproval of the application tA the city counciL The application
shall contain among other things:
(1) A true and correct list of all contracted or otherwise used private property towing Iocations and persons
with authority [o sign tow order forms, and the O�ce of License, Inspections and Environmental Protection
shail be immediately notifled in writing when changes occur tfierein.
(2) A record and establishment of reasonabie fixed towing and fixed drop charges, which fixed charges shall
be on file with the Iicense inspector's o�ce, which office is to be notifed immediately in writing as changes
occur therein in such rate.
(3) A statement that there wili be a storage lot or lots at which wtll be maintained continuous twenty-four-
hour-on-duty service from an o�ce on the premises for the release of motor vehicles, together with the exacE
location of such lot or lots, with changes to be made known to the Office of License, Inspections and
Environmental Protection immediately in writing.
(4) A true and current list of the names and addresses of all drivers employed by the licensee.
(C.F. No. 93-1795, § 6, 12-1fi-93)
Sec. 361.Ob. Sond.
Licensees shall file a surety bond in the sum of ten thousand doilars (y10,000.00) co�ditioned upon the
�proper handling and safekeeping of vehicles, accessories, and personal property and the guaranty of
reimbursement to owners for loss. The surety bond shail not be cantelled except upon thirty (30) days' prior
notice in writing to the Office of license, Inspections and Environmental Protection.
(C.F. No. 93-1795, § 7, 12-16-93)
Sec. 361.07. Fixed service fee.
When the owner or operator appears before the intended vehicte is hooked on the hoisf and the wheels
thereof raised from the ground by a wrecker or tow truck service vehicle, the service vehicle operator shall
allow the vehicle to Ieave without payment of a fee or towing charge. When the wrecker or tow truck service
vehicle operator has a vehicle on the hoist and the wheels thereof reised from the ground and the owner or
operator Yhereof appears, Yhe service vehicle operator shall release the vehide upon payment of a fixed
service fee or drop charge and give a receipt for such payment.
(C.F. No. 93-1�95, § 8, 12-16-93)
Sec. 361.�8. Order form, police reports and notifcation to owners.
Licensees, when providing wrecker or tow [ruck motor vehicle service, shall use a printed order form which
includes the name of the licensee's business, the address and telephone number of the storage lot, and the
name of the person authorizing the service, printed and si9ned by such person in a legible manner and
stating such authorizing person's business address, teleAhone number, and listin9 the time the service was
http://www.ci.stpaul.mn.uslcodeJlc3bl .h[ml 9/10/2004
Chapter 361. Wrecker� and T� •�� Truckrx
PaQe 3 of 5
DS-�9
ordered, and a description of the vehicle to be removed including the year, model, manufacturer and license
number of safd vehicle. Said person authorizing the service and signing the above order form must be an
owner or {icensee of the properiy from which the vehide is to be removed or a dufy authorized agent of such
owner or licensee, other than a licensee under this chapc°r or any agent or empioyee of such licensee. The
wrecker or tow truck moYOr vehicle service vehicle operator shall have this authorized service order form
signed, fully completed and in personal possession before hooking up to the vehicle to be se�iiced. The
amounf charged for the service shali be included on th:s order form and a ropy of this form shali be given [o
ihe individuai rec!aiming the vehicle. Every wrecker or Yow truck motor vehicle service license= sfiall, prior te
towing any vehicle, te!ephone to the zuto desk of the police aepartment, giving the license number and
description nf the vehicle, a description of the location from which the vehicle is to 6e removed and tFe
location o� the storage lot where the vehicle is to be impounded. The licensee snall re�eive a reply from the
police auto desk on the status of the vehicle prior to towing. Every wrecker or tow truck motor vehicle servicz
licensee shall, within forty-eight (48) hours of receiving a;owed vehicle, give written notice to the last listed
owner according to the motor vehide registration records of the location of the towed vehicle.
(C.f. No. 93-1795, § 9, 12-16-93; C.F. No. 98-373, § I, 6-3-98)
Sec. 361.09. Remuneration prohibited.
(a) IC is unlawful for a Iicensee to pay any remuneration [o a person for providing wrecker or tow truck motor
vehicie service pursuant to that person's authorization.
(b) It is unlawful for any person authorizing wsecker or tow truck motor vehide service to receive
remuneration from a licensee for providing that service pursuant to that person's authorization.
(C.F. No. 93-1795, § 10, 12-16-93)
Sec. 361.10. Records required.
AII wrecker or tow truck licensees shall have a book in which shall be Gearly written in ink and in the English
language at the time the service is completed: an atcurate descrip[ion of the services provided; the plate
where the service was provided or from which a vehitle was towed; the full name of the driver of the service
vehicle; the Iicense plate number of the motor vehicle serviced and the name and resident address of the
person requesting or authorizing the service. All such books maintained by a licensee shail be open to
inspection at alI reasonable times by the mayor, any member of the police force or any inspector of the Office
of License, Inspections and Environmental Protection.
(C.F. No. 93-1795, § il, 12-16-93)
Sec. 361.11. Owner's right to inspect-
No person licensed to provide wrecker or tow truck motor vehicle service shall demand payment for services
provided or the signing of a receipt for delivery or a release from liability for damages prior to allowing the
owner or operator of a vehicle a reasonable opportunity to inspect the vehicie for damages or loss of
contents.
{C.F. No. 93-1795, § SZ, 12-16-93)
Sec. 361.12. Location of storage tot.
No Iicensee shail tow a motor vehicle from private property under orders of one not the owner or operetor of
the vehicle to a storage lot which is outside the limits of the City of Saint Paul unless the location of the lot
has been specificatty approved by the city cou�ci(. All licensees shall, immediately upon hooking uQ to a
vehicle to be towed from private property under orders of one not the owner or operator of such vehicte, [ow
the vehicle directiy to a twenty-four-hour on-duty storage lot owned or opereted by such licensee, and such
�towed vehicle shall not be temporarily dropped, plated or teft at any other lot or on any other property.
(C.F. No. 93-1795, § 13, 12-16-93)
Sec. 361.13. License fee.
The annuai ticense fee for a wrecker or tow truc;c licensee shatf be as set fortfi in SainT Paul Legislative Code
section 310.18.
(C.F. No. 93-1795, § 14, 12-16-93; C.F. No. 03-116, § 1, 3-5-03)
Sec. 361.14. Annual inspection of equipment.
(a) Every wrecker or tow truck service vehicle shall be thoroughly and careful�y examined at least once every
calendar year by the Office of License, Inspections and Environmental Protection or an authorized
representative thereof to determine whether it complies with the foitowing:
(i) To be thoroughly safe for providing the services described in this chapter.
(2) To be equipped with a 2A10BC or larger fire extinguisher, as approved by the fire marshal, properly
charged and in good working order at all times.
(3) To be clean in appearance and well painted.
(4) To fiave the operating name, address and telephone number affixed in a permanent manner on the outer
http://www.ci.stpaul.mn.us/code/Ic361.htm1 9/10/2004
�fyiz�De.D — U�in,�, c�D�a
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
PI2ESENTED BY
REFE2iRED TO
CObL"IITTEE: DATE
i WHEREAS, adverse action was initiated against the Tow Truck/Wrecker License held by
z Budget Towing Inc., of Saint Paul (License ID#49560) for the premises located at 846 Eazl
a Street Avenue in Saint Paul, alleging failure to give written notification to last listed owner of a
4 towed motorcycle within the required forty-eight (48) hours; and
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WHEREAS, the Office of License, Inspections and Environmental Protection has
recommended a $500.00 fine; and
WHEREAS, the licensee has not contested the allegations; now, therefare be it
RESOLVED, that Budget Towing Inc., of Saint Paul is hereby ordered to pay a fne of
$500.00 for failure to give written notification to last listed owner of a towed motorcycJ� within
th0 requlied foPLy-elgllt (48} hoUYS. The fine is suspended for a period of 18 months .
pravided there are no further violations during this period.
This Resolution, and the action taken above, aze based upon the facts contained in the
December 10, 2004 Notice of Violation letter sent to the licensee and the azguments made at the
Public Hearing on January 5, 2005.
Adopted by Council:
Adoption Certi£ied by Council
33�
Requested by Department of:
By: C Qnr�9^^— J�fPdA.�6
Form Approved by City Attorney
Council File # �S—/9
Green Sheet # ��y
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUofficeJcouncil: Date Initiated: A � /�
LP — Licrnsellnspecrion/E�vironProt 21-DEC-04 Green Sheet NO: 3024734
Contact Person & Phone• Deoartment Sent 7o Person InitiaVDate
Virginia Palmer � 0 icensel[nsoecfioNEnviron Pro � I
266$710 /�j 1 icense/Ins ion/Emiron Pro De rtment Director
Must Be on Councii Agenda by (Date): Number 2 ;ev porn i
� a ' r Routing 3 a or•s O�ce �favor/ASSis[ant .
Ordef 4 un i �
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip AII Lowtions for Signature)
Action Requested:
Approval of the attached resolurion to take adverse acrion against the Tow Truck/Wrecker License held by Budget Towing Inc., of
Saint Paul (License ID#49560) for the premises located at 846 Earl Street in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personai Service Contrads Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Serv'tce Commission 2. Has this person/firm ever been a city employee? _
Yes No
I 3. Does this person/firm possess a skill not normally possessed by any
i current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): �
Licensee failed to give written norice to the ]ast listed owner of a towed motorcycle within the required forty-eight (48) hours in
violation of St. Paul Legislative'Code Secrion 361.08.
Advantapes If Approved:
Penalty imposed as recommended by the Office of LIEP.
DisadvantageslfApproved: .
None.
Disadvantages If Not Approved:
Penalty not imposed as recommended by the Office of LIEP.
7otai Amount of CosURevenue 8udgeted:
Transaction:
Funding Source: Activiri Number:
( Financial information:
(Explain)
OFFICE OF THE CITY ATTORNEY
Mnnuel J. Cervantes, CityAtlorney
CIT`Y OF SAINT PAUL crvrrDr�;�,on
Rnndy C. Ke!/y. May�or 400 Ciry Hall
IS Wes=Ke7logg
Saint Pnul, M�nnuota 55l02
��
December 22, 2004
NOTICE OF COUNCIL HEARING
Mr. Roy R. Carison, 7r.
Operations Manager
Budget Towing, Inc. of Saint Paul
1145 Homer Street
St. Paul, MN 55116
OS-�4
Telephone: 65/ 266-81l0
Facsimile: 651 248-5619
RE: Tow Truck/Wrecker License held by Budget Towing, Inc. of Saint Paul for the premises
located at 846 Earl Street in Saint Paul
License ID# 49560
Dear Mr. Carlson:
Piease take notice that this matter has been set on the Public Hearing Agenda for the City Council
meeting scheduled for 5:30 p.m., Wednesday, January 5, 2005 in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolution and other documents which will be presented to the City
Council for their consideration. This is an uncontested matter concerning your failure to give written notice to
the last listed owner of a towed motorcycle within the required forty-eight (48) hours. This matter has been
placed on the public hearing agenda portion of the City Council meeting, during which public discussion is
allowed. The recommendation of the license office is $500.00 fine.
If you have any questions please feel free to contact me at 266-8710.
V ery huly yours,
;
\ � �
'�,' c ��- u�.
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
✓Mary Erickson, Assistant Council Secretary, 310 City Hall
Ms. Karin DuPaul, Community Organizer, Dayton's Bluff District 4 Community Council
798 East Seventh Street, St. Paul, MN 55106-6625
AA-ADA-EEO Employer
Ds�q
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Violation:
Date of Violation:
Budget Towing Inc., of Saint Paul
846 Earl Street, Saint Paul, MN 55106
Wednesday, January 5, 2005 @ 5:30 p.m.
Failure to give written notice to last listed owner
of a towed motorcycle within the required 48 hours.
August of 2004
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
$500.00 Fine
Attachments:
1. Proposed resolution
2. Notice of towed motorcycle sent to Randall David Johnson dated
8/28/04.
3. Notice of Violation dated 12/10/04
4. Letter dated 12/19/04 from Roy R. Carlson, Jr. requesting a public
hearing.
5. St. Paul Legislative Code §361.0$
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To: ki.,-,c�.il �a✓%� �n�i�rsod, Date: dI2�rO��f
_}� �j� 21f�Q`( , 8udget Towing (846 Eart Street,
St. Paut, MN) towed and impaunded the following vehicle:
MakelModellYear
This veh"scle was tawed from l`'6S8' L�hc�/.� •
ai the request of /�rv� y�is�.Grarz.�nf' ,�f aPPEECab�Q, �tinnesota
Statut� CH. 188B (abandoning a motor vehicle) : No
pes��n shaRt abarsdon a rnotor vehicle on any puk�lic or private propetty, v,�i#hout
the cor:sent of the person in corttro! of such praperty.
Our records indicaLe kk�at you ate the registerE+.i owner and/or 3isnholder ofi the
vehicle descrit�ed above. Please contact us about the correcf Procedure to
failow to redasm fhe vahicle and ifs contenfs. Each day sforage accumutates at
a raie of $ 3� per day.
t#you �ait to respond to this notification by 10 f C/Q�(
it wilf be de�med as a waive� of your right to recfaim the vehicfe artd its contents
and will act as consent ta the transfer of the vehicIe's tiUe. The abave
mentior3ed vehic(e and corfiertts will then be disposed of ar so[d at auction .
Vehic{e ownes is resaonsible far anv outstandina char�es.
•, :a.
OFFICE THE CITY ATTORNEY
bfanrce! J. Cen�ante.t, City Atmrney
Ds-i9
CITY OF SAINT PAUL
Randy C. Kelly, bfayor
cr�rt orors�o,�
400 Ciry Hall
IS �V�st Kelingg Blyd.
Sairtt Pau(, hliimesnt¢ 5?!0?
Telrphnrte: 651266-S7I0
Farsimi(e: 65f 29$-�6/9
December 10, 2004
Budget Towing, Inc. of St. Paul
846 Earl Street
Saint Paul, MN 55106
NOTICE OF VIOLATIO�t
RE: Tow Truck/Wrecker License held by Bud�et Towing Inc. of Saint Paul for the premises
located at 846 Earl S[reet in Saint Paul
License ID #: 49560
Dear Sir/Madam:
The Office of License, Inspections and Environmental Protection has recommended
adverse action a�ainst the license referenced above. The basis for the recommendation is as
follows:
On September 7, 2004 the Office of LIEP received a complaint
from Randall Johnson, stating that a Honda motorcycle
registered to him had been towed on August 24, 2004. The
Notice was dated August 28, 2004 and the envelope was
postmarked August 31, 2004.
Saint Paul Legislative Code §361.08 states that "every wrecker
or tow truck motor vehicle service licensee shal(, within
forty-eight (48) hours of receiving a towed vehicle, give written
notice to the last listed owner according to the motor vehicle
registration records of the location of the towed vehicle: '
The Office of LIEP will recommend that you pay a fine of $500 for the violation.
At this time you have two options on how to proceed:
If you do not dispute the above facts and but wish to appear before the Council to discuss
the appropriate penalty, if any, for the violation, you may sent me a letter admitting the
facts and requesting an appearance on the Council's public hearinL agenda.
p.4-ADA-EEO Employer
� Budget Towing, Inc. of St. ^�ul
December 10, 2004
Page 2
os-�9
2. If you do dispute the above facts, you may request a hearing before an Administrative
Law Jud�e. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other s witnesses. The St. Paul Ciry Council
will ultimately decide the case.
Please notify me in writing of your decision on how you wish to proceed by December
20, 2004. If you have not contacted me by that date, I will assume that you are not contestin� the
facts and will schedule this matter for a hearin� before the Ci[y Council for a consent agenda, at
which time the recommended penalry of a$500 fine will be assessed.
If you have any ques[ions, feel free to contact me at 266-8710.
Sincerely,
.� � � ����
� /: F�,L ==-:.c� ', ��, ti<<�
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
DS-/9
STATE OF MINNESOTA )
) ss.
COLNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly swom, deposes and says that on December 10,
2004, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof
in an envelope addressed as follows:
Budget Towing, Inc. of St. Paul
846 Earl Street
Saint Paul, MN 55106
(which is the last known address of said person) depositin� the same, �vith posta�e prepaid,
in the United States mail at St. Paul, Minnesota.
t �
('I I_I; :.l.. l/ � i:
'r�e — . - —
Subscribed and sworn to before me
day of December, 2004.
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F,. •,�.� .C4t!t.= G. CLES�i:NfS
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,;1' EXFi!��;SJAN.31.27�5
°�.'`r�i��'D�'V�`b'
DEC 12:e6 PM BUDGET.TOWING.ING o�> r�a �oa� •�
D�ig
Budget Towing Inc. Of Saint Paul
1145 Homer Street
Saint Paul, Minnesota 55116
December 19, 2004
Virginia D. Palmer
Assistant City Attomey
City Of Saint Paul
400 City Hall & Courchouse
IS WestKelloggAoulevazd
Saint Paul, MN 55102
RE: Notice Of Violation
We do not dispute tke facts that you have brought to our attention. We do dispute the fine
and a violation on our record for many reasons.
The Saint Paul Legislative code 361.08 is not only unreasonable it is impossible. We can
only notify a small percent of the Vehicle owners in the time that the city allows. The City Of St.
Paul will not help u5 in any way to retrieve vehicle information for us. So we must rely on the
state which that vehicle is from. The State Of MN Department Oi'Transportation Is not Open
24hr a day, 7 days a week, and they are closed for most holidays. When we do put our tequest for
vehicle information &om the State we may or may not get our information because the 5tate
computers are down a lot. If we need vehicle information from a out of state vehicle we have to
send our requcst by mail to that state and we have to wait up to tluee weeks for the vehicle
information. The State of Califomia will not give us any vehicle information at all because we
are noE n police departtnent.
After we get the vehicle information we then send the notification letter out by certified
mail. The Post office is not open 24hrs a day, 7 days a week and is also closed most holidays.
Our company sends out over 250 certified Letters every month and the post o�ce misplaces at
least 5 of those letters. lt takes at least three weeks to find out that the postal service lost those
letters so we can resend them.
Minnesota Statute 168B. 06 allows a 5 day notice which is a lot more reasonable. Even at
the State Statute we can notify better than 95 percent of the vehicle ow�ners within that period of
time. We request that the City evaluates and change the noiification ta five days,
On August 24, 2004 our company impounded a 78 Honda Motorcycle Licens fione
74008MD in extremely poor condition. Randall Johnson contacted our company by p
August 26`" we told him that he is responsible for the motorcycle whether he picked it up from
our impound lot or not. And it is illegal to abandon a motor vehicle in the state of Minnesota. Mr.
DEC-21-20Ea 12�46 651 771 7085 96i P.01
OS-�9
Johnson said he was not going to pay anyihing bccause the Motorcy�te was junk and not worth
anything. We Asked Mr. ]ohnson if he would sign the Motorcycle over to us so we did not have
to store it for 45 days. Mr. Johnson refused to si�n it over and forced our company to store his
motorcycle for 45 days which the State requires us to do. On October l l, 2004 we sent the
Motorcycle to the Scrap yatd to get shredded and receised $10.00 for the scrap weight. The Only
reason Mr. Johnson complained to the city because he was trying to figure out a way to get out of
paying for his abandoned motorcycle.
Our company understands the reasons that the City and the State puts mandatory owner
notiiication so the vehicle ownets do not have to pay unreasonable storage charges and in the
rare cases that we do not comply we have reduced the storage rates for those custome�s.
Mr. Johnson has never paid any money towazds his bill and he does not plan to. Since we
impounded this motorcycle we are out the original tow drivers wages, fuel for the truck,
insurance for the motorcycle that we had to store for more than 45 days, $2•50 �e $tate charged
us to run the license plate, $4.42 the US Postal Service charged us to send a certified letter and or
drivers wages and fuet to send the motorcycle to the scrap yazd.
Qur company impounds and disposes of over 150 abandoned motor vehicles off of
private property evecy month from the City Of Saint Paui in which we receive very little profit
From. With this service that we provide we help keep this city s cleaner and e safer place and not
at the taxpayers expense.
Budget Towing Ine Of Saint Paul has been in business for 16 years and in al] of our years
of service in this city we have never been cited or fined by the City for the serviccs that we
provide.
We would like to see more enforcement on ihe City towing Ordinances. here is a number
companies that do business in Saint Paul that do not have the proper licensing.
of out of city towing companies towing off of private property that are not licensed by Saint Paul.
Any one can drive through down town Saint Paul and see signs posted of towing companies that
are out of this city and are not licensed.
Sincerely,
��"^� �
Roy R Cazlson Jr
Operations Manager
DEC-21-2004 12�47 651 771 ?285 g6i P'02
Chapter 361. Wreckers.and Tr�� Tmcks"
Pa�e 2 of 5
DS-i9
permit such ser�ice vehicles to be kept cr maintained in the Ciry of Sainc Paul without being licensed under
this chapter.
(C.F. No. 93-ll95, § 2, 12-16-93)
Sec. 361.03. Vehicles exempted.
(1) This chapter shail not apply to wrecker or tow truck service vehicies operated by for-hire carriers who
rtave been issued a certificate or permit by the public service commission or the Interstate Commerce
Commirion and whose se:vices are sole!y restrided to properly identi£ed commercial carrier vehides
utilizing properly id2ntified service vehicles. For purposes of this exemption, "properly identified" means the
nzme and address of the for-hire carrier affixed on both sides of the vehicle in letters not Iess than three (3)
inches in height.
(2) This chapter shali additionalty not appfy to vefiicle transports or mutti-car hau{ing vehicfes.
(C.F. No. 93-1795, c 3, 12-16-93)
Sec. 361.04. Approval required for change of service vehicle.
Such license shall constitute a registration of the vehide so licensed and no other vehicie may be used
without the written approval of the Office of License, Inspections and Environmental Protection. In the event
the licensee during the license year desires to change the vehicle or vehicles so licensed, the licensee shall
make application describing the new vehicle or vehicles to be used and upon payment of a fee of ten doilars
($10.00) Por each repVacement vehicle shatl submit said application to Yhe Office of l'+cense, Inspections and
Environmental Protection for approval. If such approvai is obtained, license certificates shall be issued and
affixed as provided for in section 361.17.
(C.F. No. 93-1795, § 5, 12-16-93)
Sec. 361.05. Application procedure.
Application for a wrecker or tow truck service vehicle license shall be made upon forms provided by the Office
of License, Inspections and Environmental Profection. The license inspector shall investigate the matters
mntained therein and convey approval or disapproval of the application tA the city counciL The application
shall contain among other things:
(1) A true and correct list of all contracted or otherwise used private property towing Iocations and persons
with authority [o sign tow order forms, and the O�ce of License, Inspections and Environmental Protection
shail be immediately notifled in writing when changes occur tfierein.
(2) A record and establishment of reasonabie fixed towing and fixed drop charges, which fixed charges shall
be on file with the Iicense inspector's o�ce, which office is to be notifed immediately in writing as changes
occur therein in such rate.
(3) A statement that there wili be a storage lot or lots at which wtll be maintained continuous twenty-four-
hour-on-duty service from an o�ce on the premises for the release of motor vehicles, together with the exacE
location of such lot or lots, with changes to be made known to the Office of License, Inspections and
Environmental Protection immediately in writing.
(4) A true and current list of the names and addresses of all drivers employed by the licensee.
(C.F. No. 93-1795, § 6, 12-1fi-93)
Sec. 361.Ob. Sond.
Licensees shall file a surety bond in the sum of ten thousand doilars (y10,000.00) co�ditioned upon the
�proper handling and safekeeping of vehicles, accessories, and personal property and the guaranty of
reimbursement to owners for loss. The surety bond shail not be cantelled except upon thirty (30) days' prior
notice in writing to the Office of license, Inspections and Environmental Protection.
(C.F. No. 93-1795, § 7, 12-16-93)
Sec. 361.07. Fixed service fee.
When the owner or operator appears before the intended vehicte is hooked on the hoisf and the wheels
thereof raised from the ground by a wrecker or tow truck service vehicle, the service vehicle operator shall
allow the vehicle to Ieave without payment of a fee or towing charge. When the wrecker or tow truck service
vehicle operator has a vehicle on the hoist and the wheels thereof reised from the ground and the owner or
operator Yhereof appears, Yhe service vehicle operator shall release the vehide upon payment of a fixed
service fee or drop charge and give a receipt for such payment.
(C.F. No. 93-1�95, § 8, 12-16-93)
Sec. 361.�8. Order form, police reports and notifcation to owners.
Licensees, when providing wrecker or tow [ruck motor vehicle service, shall use a printed order form which
includes the name of the licensee's business, the address and telephone number of the storage lot, and the
name of the person authorizing the service, printed and si9ned by such person in a legible manner and
stating such authorizing person's business address, teleAhone number, and listin9 the time the service was
http://www.ci.stpaul.mn.uslcodeJlc3bl .h[ml 9/10/2004
Chapter 361. Wrecker� and T� •�� Truckrx
PaQe 3 of 5
DS-�9
ordered, and a description of the vehicle to be removed including the year, model, manufacturer and license
number of safd vehicle. Said person authorizing the service and signing the above order form must be an
owner or {icensee of the properiy from which the vehide is to be removed or a dufy authorized agent of such
owner or licensee, other than a licensee under this chapc°r or any agent or empioyee of such licensee. The
wrecker or tow truck moYOr vehicle service vehicle operator shall have this authorized service order form
signed, fully completed and in personal possession before hooking up to the vehicle to be se�iiced. The
amounf charged for the service shali be included on th:s order form and a ropy of this form shali be given [o
ihe individuai rec!aiming the vehicle. Every wrecker or Yow truck motor vehicle service license= sfiall, prior te
towing any vehicle, te!ephone to the zuto desk of the police aepartment, giving the license number and
description nf the vehicle, a description of the location from which the vehicle is to 6e removed and tFe
location o� the storage lot where the vehicle is to be impounded. The licensee snall re�eive a reply from the
police auto desk on the status of the vehicle prior to towing. Every wrecker or tow truck motor vehicle servicz
licensee shall, within forty-eight (48) hours of receiving a;owed vehicle, give written notice to the last listed
owner according to the motor vehide registration records of the location of the towed vehicle.
(C.f. No. 93-1795, § 9, 12-16-93; C.F. No. 98-373, § I, 6-3-98)
Sec. 361.09. Remuneration prohibited.
(a) IC is unlawful for a Iicensee to pay any remuneration [o a person for providing wrecker or tow truck motor
vehicie service pursuant to that person's authorization.
(b) It is unlawful for any person authorizing wsecker or tow truck motor vehide service to receive
remuneration from a licensee for providing that service pursuant to that person's authorization.
(C.F. No. 93-1795, § 10, 12-16-93)
Sec. 361.10. Records required.
AII wrecker or tow truck licensees shall have a book in which shall be Gearly written in ink and in the English
language at the time the service is completed: an atcurate descrip[ion of the services provided; the plate
where the service was provided or from which a vehitle was towed; the full name of the driver of the service
vehicle; the Iicense plate number of the motor vehicle serviced and the name and resident address of the
person requesting or authorizing the service. All such books maintained by a licensee shail be open to
inspection at alI reasonable times by the mayor, any member of the police force or any inspector of the Office
of License, Inspections and Environmental Protection.
(C.F. No. 93-1795, § il, 12-16-93)
Sec. 361.11. Owner's right to inspect-
No person licensed to provide wrecker or tow truck motor vehicle service shall demand payment for services
provided or the signing of a receipt for delivery or a release from liability for damages prior to allowing the
owner or operator of a vehicle a reasonable opportunity to inspect the vehicie for damages or loss of
contents.
{C.F. No. 93-1795, § SZ, 12-16-93)
Sec. 361.12. Location of storage tot.
No Iicensee shail tow a motor vehicle from private property under orders of one not the owner or operetor of
the vehicle to a storage lot which is outside the limits of the City of Saint Paul unless the location of the lot
has been specificatty approved by the city cou�ci(. All licensees shall, immediately upon hooking uQ to a
vehicle to be towed from private property under orders of one not the owner or operator of such vehicte, [ow
the vehicle directiy to a twenty-four-hour on-duty storage lot owned or opereted by such licensee, and such
�towed vehicle shall not be temporarily dropped, plated or teft at any other lot or on any other property.
(C.F. No. 93-1795, § 13, 12-16-93)
Sec. 361.13. License fee.
The annuai ticense fee for a wrecker or tow truc;c licensee shatf be as set fortfi in SainT Paul Legislative Code
section 310.18.
(C.F. No. 93-1795, § 14, 12-16-93; C.F. No. 03-116, § 1, 3-5-03)
Sec. 361.14. Annual inspection of equipment.
(a) Every wrecker or tow truck service vehicle shall be thoroughly and careful�y examined at least once every
calendar year by the Office of License, Inspections and Environmental Protection or an authorized
representative thereof to determine whether it complies with the foitowing:
(i) To be thoroughly safe for providing the services described in this chapter.
(2) To be equipped with a 2A10BC or larger fire extinguisher, as approved by the fire marshal, properly
charged and in good working order at all times.
(3) To be clean in appearance and well painted.
(4) To fiave the operating name, address and telephone number affixed in a permanent manner on the outer
http://www.ci.stpaul.mn.us/code/Ic361.htm1 9/10/2004