256011 � ORDINANCE �5��.�,
COUNCIL FILE NO
BY ORDINANCE NO �
An ordinance amending Chapter 46'7
of the Saint Paul Legislative Code per--
taining to Abandoned Motor Vehicles.
This is an emergency ordinance rendered
necessary for the preservation of the
public peace, health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. Saint Paul Legislative Code, Section 46'7.01, is
repealed an.d the following Ys inserted in lieu thereof:
467.01 — Defin.itions. The following definitions
and terms shall apply in the interpretation and
enforcement of this ordinance.
a. "Abandoned Motor Vehicle" means a ,
motor vehicle, as defined in
Minnesota Statutes, Section 169.01,, ;
that has remained for a period of
more than 48 hours on public pro�*
perty illegally or lacking vita�.,
component parts or has remained
for a period of more than 48 hours
on private property without con.sent
of the person in control of such
property or in an inoperable
condition such that it has no
substantial gotential further
use consistent with its uaual
funetions unless it is kept in
an enclosed garage or storage
building. It shall also mean a
motor vehicle voluntarily
surrendered by its owner to a
unit of government or to a person
duly licensed under Laws of
Minnesota 1971, Chapter 734,
Section 168B. 10. A classic car
or pioneer car, as deYined in
Minnesota Statutes, Section
168. 10, shall not be considered
an abandoned motor vehicle
within the meaning of this
chapter. A motor vehicle which
does not have the license number
plates for the eurrent year con—
spicuously displayed thereon
shall be considered an abandoned
motor vehiele within the meaning
of this chapter but only after
Yeaa Councilm�n Nays Passed by the Counci�
Butler �
Caxlson Tn Favor
Levine
Meredith
Sprafka A gainat
Tedesco
Mr. President (McCarty) Approved:
Attest:
City Clerk Mayor
��, Form approved Corporation Counsel By ��-�1 l B�
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Page 2.
such condition exists for a
period of ninety days or more.
b. "Agency" means the Minnesota
pollution control agency.
c. "Vital Component Parts" means
those parts of a motor vehicle
which are essential to the
functioning of the vehicle,
including, but not limited to,
the motor, drive train, and
wheels.
d. "Unit of government" includes
a state department or agency,
a special purpose district,
and a county, city, village,
borough, town or other
municipality.
Section 2. Saint Paul Legislative Code, Section 467. 02,
is repealed and the following is inserted in lieu thereof:
467.02 - Abandoning a Motor Vehicle. No person
shall abandon a motor vehicle on any public or
private property, without the consent of the
person in control of such property.
Section 3. Saint Paul Legislative Code, Section 467.03,
is repealed and the following is inserted in lieu thereof:
46'7.03 - Allowing an Abandoned Motor Vehicle
on Property. No person in charge or control of
private property, whether as owner, tenant,
occupant, lessee or otherwise, shall allow an
abandoned motor vehicle to remain on such property.
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25�411
Page 3.
Section 4. Saint Paul Legislative Code, Chapter 467, is
amended by adding the following sections:
467.04 - Custod,y of Abandoned Vehicles. The
City Health Officer is hereby authorized to remove
or have removed any motor vehicle left at any
place within the city which reasonably appears
to be in violation of this chapter or lost,
stolen or unclaimed. The impounding and taking
into custody of a motor vehicle pursuant to this
chapter shall be done at the direction of a
police officer. A police officer or health
officer may enter upon private property at all
reasonable hours for the purpose of inspecting
such vehicle and impounding such vehicle; and it
shall be unlawful for any person to prevent a
policeman or health officer from entering on
private property for purposes of carrying out
his duties hereunder or to interfere with him
in the lawful performance of his duties.
467.05 - Immediate Sale. 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 at public auction, and
shall not be subject to the notification, reclamation,
or title provisions of this chapter or other statutory
or ordinance provisions.
46'].06 - Notice. When an abandoned motor vehicle
does not fall within the provisions of section 467.05,
the police department shall give notice of the taking
. within ten days. The notice shall set forth the date
and place of the taking, the year, make, model and
serial number of the abandoned motor vehicle and the
place where the vehicle is being held, shall inform
the owner and any lienholders of their right to
reclaim the vehicle under section 467.07 , and shall
state that failure of the owner or lienholders to
exercise their right to reclaim the vehicle shall
be deemed a waiver by them of all right, title, and
interest in the vehicle and a consent to the sale
of the vehicle at a public auction pursuant to
section 467. 08.
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�so��t
Page 4.
� The notice shall be sent by mail to the registered
own.er, if any, of the abandoned motor vehicle and to
all readily identifiable lienholders of record. If it
is impossible to determine with reasonable certainty
the identity and address of the registered owner and
all lienholders , the notice shall be published once
in a newspaper of general circulation in the area
where the motor vehicle was abandoned. Published
notices may be grouped together for convenience and
economy.
467.07 - Right to Reclaim. The own.er or any lien-
holder of an abandoned motor vehicle shall have a
right to reclaim such vehicle from the City of Saint
Paul police department upon payment of all towing
and storage charges resulting from taking the
vehicle into custody within 15 days after the date
of the notice required by section 467. 06.
� Nothing in this chapter shall be construed to
impair any lien of a garagekeeper under the laws of
this state, or the right of a lienholder to fore-
close. For the purposes of this section "garage-
keeper" is an operator of a parking place or
establishment , an operator of a motor vehicle
storag-e facility, or an operator of an establish-
ment for the servicing, repair, or maintenance of
motor vehicles.
467.08 - Public Sale. An abandoned motor
vehicle taken into custody and not reclaimed under
section 467.0'7 shall be sold to the highest bidder
at public auction or sale, following reasonable
published notice thereof. The purchaser shall be
given a receipt in a form prescribed by the agency
which shall be�sufficient title to dispose of the
vehicle. The receipt shall also entitle the
purchaser to register the vehicle and receive a
certificate of title, free and clear of all liens
and claims of ownership.
From the proceeds of the sale of an abandoned
motor vehicle, the City of Saint Paul shall reim-
burse itself for the cost of towing, preserving and
storing the vehicle, and all notice and publication
costs incurred pursuant to this chapter. Any
remainder from the proceeds of a sale shall be held
for the owner of the vehicle or entitled lienholder
for 90 days and then shall be deposited in the state
treasury.
o�s�.i t�cn,ci�
� �� • �- ' - � ORDINANCE
, . 25��11
� COUNCIL FILE NO
PRESENTED BY ORDINANCE NO
Page 5.
467.09 — Disposal of Vehicles Not Sold. Where no
bid has been received for an abandoned motor vehicle,
the City of Saint Paul may dispose of it pursuant to
the provisions in Laws of Minnesota, 1g71, Chapter 734,
Section 168B. 10.
Section 5. This ordinance shall take effect and be in force
upon its passage, approval and publication.
OCT 2 �' 1971
Yeas Councilmen Nays Passed by the Counci�
�e� �
�� �"�'�z`�� � �^ Tn Favor
� Levine
Meredith �' Againat
Sprafka
T���o Nov � �9��
Mr. President (McCarty)
At
Ci Clerk
��
Form approved Corporation Counsel By
PUBLISHED N�� 61971
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WEST SEVENTH STREET ASSOCIATION �
�n SmE� for Neighborhood Development, lnc.
- 506 West Seventh Street■St.Paul,Minnesota 55102 ■Telephone 224-5461
October 26, 1971
Mr. Harry E. T•�arsha,ll
City Clerk
City Hall
St. Paul, Minnesota
Re: Council File No. 256011
Dear Mr. Marshall:
As chairman of the Public Facilities Task Force of the �est Seventh Street
Association, I strongly support the passage of Ordina.nce No. 256011 so that,
once and for all, streets and properties can be free of the blighting influ-
ence of junk and derelict motor vehicles.
Under existing statutes, it has taken me as long as six months and countless
telephone calls to Police and Health Departments and various city officials
before action was finally taken. In one instance, a property one block from
my home contained no less than eleven junk cars on it. Police were called.,
but to no avail...Finally, the West Seventh Association authorized. my task
force to use their name as a reference, and with a widely circulated petition
from concerned neighbors another letter was sent to the Health Depa.rtment.
This time action was taken.
Hopefully, effective enforcement procedures can be set up in conjunetion with
this ordina.nce to make such time consuming follaw-up on the pa.rt of residents
unnecessary.
Sincerely, ,
�C�/�` / �3//ld.
Wa11y Pesi a
cc: Commissioner Dean Meredith
Public Safety Department
St. Paul, Minnesota
� , r � y�;�� #�i �
Gliy �� g �d /
Area COdO �/ •S THOMAS J. STEARNS
223-5121 y/���2� ���1. ARTHUR M. NELSON �
�� �1 PAUL F. MC CLOSKEY, JR.
� 4•.�„_v:�-J ',
R. SCOTT DAVIES
�`�� '��• PIERRE N. REGNIER
DANIEL L. FICKER
JOHN C. MC LAUGHLIN
CITY OF SAINT PAUL ROBERT C. HOENE
KENNETH J. FITZPATRICK A. KEITH HANZEL
First Assistant ROGER W. MEYER
LEGAL DEPARTMENT TERRY F. SULLIVAN
JEROME J. SEGAL Assistants
speciai assistant 316 Ci+y Hall, S1. Paul, Minnesota 55102 ROBERT W. MATTSON
I nvesti9ator
DANIEL A. KLAS
Corporation Counsel
October 29, 19'71
To the Honorable Mayor and
Members of the City Council
You have requested an opinion as to whether or not
Council File 256011 , amending the Legislative Code pertaining
to abandoned motor vehieles , meets the criteria for an emer-
gency ordinance .
The 19'71 session of the Legislature , by Chapter 734,
provided extensive controls and regulations for the problem
of abandoned vehicles. Up until this time , no ext�nsive regu-
lation had been made by statute , although the City of Saint
Paul has provided for this problem for a number of years .
Many of the provisions of the state law are controlling and ,
therefore , require that the city ordinance be changed so as
not to be in conflict with the statute . The statute provides
that cities may adopt ordinances and regulations for control
of abandoned motor vehicles so long as such ordinances are not
less stringent than the statutes . Since there are certain
features of our ordinance which we would like to retain, the
subject ordinance was prepared. In view of the fact that the
winter season is upon us , when the problem of abandoned vehicles
increases markedly, I believe that it is necessary that the
city be in a position to enforce its abandoned vehicle ordinance .
It is , therefore , my opinion that the ordinance does
meet the criteria for an emergency ordinance .
Respectfully submitted,
/�;'(JL�2�:�'�G,��'t-��C�'
DANIEL A. KLAS
Corporation Counsel
DAK:bl
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Ist b / ` ' 2nd b Z
Laid over to
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3rd and app dopted
Yeas + Nays � Yeas Nays
Bu+ler �`�
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Carlson ���,s,.�•- ;,_
C.�
Levine ��D11 �Levine
Meredith � �eredith
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Sprafka ,� `'Sprafka
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�`' �� ' � Tedesco �Tedesco
Mr. President McCari�y ` Mr. President McCarty
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