(a) 
The police department may take into custody an abandoned motor vehicle, watercraft or outboard motor found on public or private property.
(b) 
The police department may use department personnel, equipment and facilities, or contract for other personnel, equipment and facilities, to remove, preserve and store an abandoned motor vehicle, watercraft or outboard motor taken into custody by the department under this division.
(1999 Code, sec. 86-131)
(a) 
Whenever the police department takes into custody an abandoned motor vehicle, watercraft or outboard motor, the chief of police or his duly authorized agent shall send notice of abandonment to:
(1) 
The last known registered owner of each motor vehicle, watercraft or outboard motor taken into custody by the department, or for which a report is received under V.T.C.A., Transportation Code section 683.031; and
(2) 
Each lienholder recorded under V.T.C.A., Transportation Code ch. 501, for the motor vehicle, or under V.T.C.A., Parks and Wildlife Code ch. 31, for the watercraft or outboard motor.
(b) 
The notice under subsection (a) of this section must:
(1) 
Be sent by certified mail not later than the tenth day after the date the department:
(A) 
Takes the abandoned motor vehicle, watercraft or outboard motor into custody; or
(B) 
Receives the report under V.T.C.A., Transportation Code section 683.031;
(2) 
Specify the year, make, model and identification number of the item;
(3) 
Give the location of the facility where the item is being held;
(4) 
Inform the owner and lienholder of the right to claim the item not later than the 20th day after the date of the notice on payment of:
(A) 
Towing, preservation and storage charges; or
(B) 
Garagekeeper's charges and fees under V.T.C.A., Transportation Code section 683.032; and
(5) 
State that failure of the owner or lienholder to claim the item during the period specified by subsection (b)(4) of this section is:
(A) 
A waiver by that person of all right, title and interest in the item; and
(B) 
Consent to the sale of the item at a public auction.
(c) 
Notice by publication in one newspaper of general circulation in the area where the motor vehicle, watercraft or outboard motor was abandoned is sufficient notice under this section if:
(1) 
The identity of the last registered owner cannot be determined;
(2) 
The registration has no address for the owner; or
(3) 
The determination with reasonable certainty of the identity and address of all lienholders is impossible.
(d) 
Notice by publication shall be made as follows:
(1) 
Must be published in the same period that is required by subsection (b) of this section for notice by certified mail and contain all of the information required by that subsection; and
(2) 
May contain a list of more than one abandoned motor vehicle, watercraft or outboard motor.
(1999 Code, sec. 86-132)
(a) 
Every abandoned motor vehicle, watercraft or outboard motor and all property therein taken into custody by the police department shall be registered in a record book provided for that purpose; impoundment record cards shall be maintained on all such vehicles, watercraft and outboard motors; and all property therein shall be tagged. The chief of police or his duly authorized agent shall enter upon such record book, and upon the tag or impoundment card, the following information:
(1) 
Description of the property;
(2) 
Time and place seized and by whom;
(3) 
Name of the owner and lienholders, if known;
(4) 
Storage and towing charges accrued against the property;
(5) 
The reason for impounding (what violation); and
(6) 
An inventory of articles or material in the vehicle.
(b) 
The towing charges made against such property shall be the actual expense incurred by the city. Storage charges made against such property shall be as provided in section 20.08.034.
(1999 Code, sec. 86-133)
The police department or the agent of the police department that takes into custody an abandoned motor vehicle, watercraft or outboard motor is entitled to reasonable storage fees:
(1) 
For not more than ten days, beginning on the day the item is taken into custody and ending on the day the required notice is mailed; and
(2) 
Beginning on the day after the day the agency mails notice and ending on the day accrued charges are paid and the vehicle, watercraft or outboard motor is removed.
(1999 Code, sec. 86-134)
(a) 
If an abandoned motor vehicle, watercraft or outboard motor is not claimed under section 20.08.032:
(1) 
The owner or lienholder:
(A) 
Waives all rights and interests in the item; and
(B) 
Consents to the sale of the item by public auction; and
(2) 
The police department may sell the item at a public auction or use the item as provided by V.T.C.A., Transportation Code section 683.016.
(b) 
The chief of police or his duly authorized agent shall give notice of the public auction by advertising at least once in one newspaper of general circulation in the city no less than ten days prior to the date of the sale. The notice shall state the time and place of the sale and a brief description of the motor vehicle, watercraft or outboard motor to be sold. Written notice of the sale, containing the same information stated in the published notice, shall be sent by certified mail with a five-day return requested to all those to whom notice of reclamation rights was sent pursuant to section 20.08.032. A garagekeeper who has a garagekeeper's lien shall be notified of the time and place of the auction.
(c) 
The purchaser of a motor vehicle, watercraft or outboard motor:
(1) 
Takes title free and clear of all liens and claims of ownership;
(2) 
Shall receive a sales receipt from the police department; and
(3) 
Is entitled to register the motor vehicle, watercraft or outboard motor and receive a certificate of title.
(1999 Code, sec. 86-135)
(a) 
The police department is entitled to reimbursement from the proceeds of the sale of an abandoned motor vehicle, watercraft or outboard motor for:
(1) 
The cost of the auction;
(2) 
Towing, preservation and storage fees resulting from the taking into custody; and
(3) 
The cost of notice or publication as required by section 20.08.032.
(b) 
After deducting the reimbursement allowed under subsection (a) of this section, the proceeds of the sale shall be held for 90 days for the owner or lienholder of the vehicle.
(c) 
After the period provided by subsection (b) of this section, proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other vehicles, watercraft or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees.
(d) 
The city may transfer funds in excess of $1,000.00 from the account to the city's general revenue account to be used by the police department.
(1999 Code, sec. 86-136)
The chief of police or his authorized agent may enter upon any private property for the purposes specified in this division to examine vehicles, watercraft or outboard motors, or parts thereof; to obtain information as to the identity of vehicles, watercraft and outboard motors; and to remove or cause the removal of a vehicle, watercraft or outboard motor, or parts thereof, abandoned pursuant to this division. The municipal judge and the municipal court of the city shall have authority to issue all orders necessary to enforce such procedures.
(1999 Code, sec. 86-137)
In any complaint and in any action or proceeding brought for the enforcement of any provision of this division, it shall not be necessary to negate any exception, excuse, proviso or exemption contained in this division. The burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
(1999 Code, sec. 86-138)