HomeMy WebLinkAbout9.a. Ordinance Revision - Disposal of Unclaimed Property (First Reading) CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 6, 1999
AGENDA ITEM: ORDINANCE REVISION - D i sposa I of AGENDA SECTION:
Unclai'm�d Property NEW BUSINESS
PREPARED BY: Lt. Dwayne Kuhns AGEND�v O. ,
i � ��� �
ATTACHMENTS: REVISED ORDINANCE APPROVED BY: ��
At my request, the attached ordinance revision was prepared by City Attorney Charles LeFevere.
The ordinance revision, which deals with the disposal of unclaimed property, is an amendment
to our current ordinance. The ordinance as it is currently written is not in conformance with
certain requirements of state statute as stated in M.S.S.168B.
Those requirements according to State Statute are,
• Notice of vehicle impoundment must be given within 5 days of the impound, City
Ordinance currently states 10 days.
• Vehicles may be sold after 45 days, City Ordinance currently states 15 days.
• Vehicles must be held 15 days after a notice is given to the owner before a junk vehicle
may be disposed of, City Ordinance currently states such vehicles are eligible for sale
immediately. ,
The revision as drafted by Mr. LeFevere will bring our ordinance into conformance with state
statute.
RECOMMENDED ACTION: This is the first reading of this amendment therefore no action is
required.
COUNCIL ACTION:
CTTY OF ROSEMOUNT
ORDIlVANCE NO.
AN ORDINANCE RELATIl�IG TO THE DISPOSAL OF
UNCLAIMED PROPERTY, AMENDING CITY CODE
SECTIONS 7-6-2,4,4-1, AND 5
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAIlVS THAT THE
C1TY CODE OF THE CITY OF ROSEMOUNT IS AMENDED AS FOLLOWS:
Section l. The first paragraph of City Code Section 7-6-2 is amended as
follows:
7-6-2: DISPOSAL OF PROPERTY OTHER THAN MOTOR VEHICLES:
Unless otherwise spec�ed in this Section or bv law, 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:
Section 2. City Code Section 7-6-2 C is amended as follows:
C: Upon the expiration of the sixty (60) day period,property remaining unclaimed may be sold
by the City to the highestbidder at public auction or sale following��;:��ten (10) days �
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 the affirmative resolution of the City
Council. If the property is not sold at public auction or sale and is not deemed appropriate
for use by the City, the City Clerk may then dispose of the property in any manner deemed
appropriate.
Section 3. The first paragraph of City Code Section 7-6-4 and paragraph 7-6-4 A are
amended as follows:
7-6-4: DISPOSAL OF MOTOR VEHICLES:
Unless otherwise provided by law motor vehicles impounded by the City and its
duly designated agents, or otherwise lawfully coming into its possession during the course of its
Municipal operations,shall be disposed of as follows:
A. �'_"_� �'*"^''^" ^:•,� ^":otice of the taking shall be given within�-{-1�five 5 days unless
the vehicle is reclaimed prior thereto.
Section 4. City Code Section 7-6-4-1 is amended as follows:
7-6-4-1: RIGHT TO RECLAIM:
The owner of lien holder 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 in the case of abandoned or junk vehicles or fortY-five (45) days
in the case of unauthorized vehicles both as defined in Minnesota Statutes Sec. 168B.011.
cr�._isszis
RS215-6
Section 5. City Code Section 7.6-5 is repealed.
Section 6. This ordinance shall be in effect the day following its passage and publication.
ENACTED AND ORDAINED into an Ordinance this day of 1999.
,
C1TY OF ROSEMOUNT
Cathy Busho,Mayor
ATTEST:
Susan M.Walsh,City Clerk
Published in the Rosemount Town Pages this day of 1999.
,
CLL-158215
RS215-6