Any property, other than a motor vehicle, or obstruction which is placed, left standing, parked, erected or lying in violation of any provision of this Code or other ordinance of the city or left unattended for more than 48 continuous hours in or on any public street, alley, sidewalk, park or other public place of the city is declared to be a nuisance. Any such property shall be removed by any police officer of the city and taken to the police pound and shall be kept there until redeemed or sold as provided in section 46-92.
(Code 1974, § 7-56)
All abandoned property of every kind, including motor vehicles,
which shall remain unclaimed with the police department for a period
of four months, without being claimed or reclaimed by the owners,
whether known or not, is declared to be a nuisance and any such property
shall be removed summarily by any police officer of the city and taken
to the police pound and shall be kept there until redeemed or sold
as provided in this article.
(Code 1974, § 7-56)
The city shall have a lien on impounded personal property for
all costs incurred in impounding, storing and advertising such property,
and such lien shall be prior and superior to all other liens of every
kind, save and except liens for ad valorem taxes, and the city may
retain possession thereof until all costs are paid and may sell the
same as provided in this article.
(Code 1974, § 7-59)
The chief of police shall maintain a list of all property impounded,
and he shall administer the disposition of the property as provided
in this article.
(Code 1974, § 7-60)
The owner or any person legally entitled to possession of personal
property impounded pursuant to this division may redeem it as follows:
(1)
Before
sale. By paying to the city the impounding fee and any other actual
expenses incurred by the city in impounding and keeping the impounded
property, as determined by the chief of police.
(2)
After
sale. By paying to the buyer at the auction sale double the amount
paid by him for such personal property and any reasonable expenses
incurred by him for keeping such property, provided the property must
be redeemed from the auction buyer within 30 days after the date of
the auction sale, excluding the date of sale; otherwise, title to
such property shall become absolute in the auction buyer.
(Code 1974, § 7-61)
(a)
When
any personal property, other than motor vehicles, is not redeemed
within 30 days after being impounded, the chief of police shall sell
such property at public auction to satisfy the lien of the city.
(b)
When
any impounded property is not redeemed by the date and time designated
in the notice of sale, the chief of police shall sell such property
at public auction, and, as auctioneer, shall execute a bill of sale
of such property to the purchaser thereof, provided he shall not execute
or deliver any but a conditional bill of sale unless, and until, the
title of such buyer has become absolute by an expiration of 30 days
in time, exclusive of the day of sale, without being redeemed by the
owner of the impounded property.
(Code 1974, § 7-62)
Before selling personal property, other than motor vehicles, and other than manufactured housing provided for in section 46-98, the chief of police shall post two notices thereof, one at the courthouse door of this county, and one at the main entrance of the city hall, and shall cause a copy thereof to be published in a newspaper of general circulation published in the city once a week for two consecutive weeks, the date of the first publication to be at least 14 days prior to the day of the auction sale. The notice of sale shall describe the impounded property, state that the property is unredeemed, state that the property will be sold at public auction, designate the place of sale, and state a time and date of sale which shall not be less than 14 days from the date of posting such notices as required in this section.
(Code 1974, § 7-63(a))
Before selling a manufactured home, including but not limited to mobile homes, HUD-code manufactured homes and any other form of manufactured housing as defined in Vernon’s Ann. Civ. St. art. 5221f, the chief of police shall, 30 days prior to posting and publishing the notices required by section 46-97, obtain from the state department of labor and standards the name and address of the registered owner and of any lienholders of record, and send to all such parties a notice by certified mail stating that the manufactured home has been impounded, that the manufactured home is subject to sale by the city to satisfy impoundment and storage charges, and the procedure for redemption prior to such sale as provided in this article. Such notice must allow the recipient thereof at least 30 days after receipt to redeem such property prior to sale by the city.
(Code 1974, § 7-63(b))
After deducting the impounding fee and all other actual expenses
incurred by the city in impounding, storing and selling of unredeemed
property as determined by the chief of police, not to exceed a reasonable
amount for each impounded article, the chief shall pay the balance
of the proceeds of such sale, if any, to the owner of the property.
If the owner fails to call for such proceeds, they shall be paid into
the city treasury. Within six months after such auction sale, the
owner may apply in writing to the chief of police, and upon satisfactory
proof of ownership shall be entitled to receive the amount of the
proceeds delivered to the city treasury.
(Code 1974, § 7-65)
Impounded property which is offered for sale at public auction
in accordance with the procedure prescribed in this article and upon
which no person bids shall thereafter be sold or otherwise disposed
of as junk. Money received for junk property shall be disposed of
in the same manner as proceeds from an auction sale under this article.
(Code 1974, § 7-66)
(a)
The
chief of police shall keep a record book which shall contain:
(1)
A description of all property impounded;
(2)
The date and time of such impounding;
(3)
The date notices of sale were posted and advertised and mailed to
owners and lienholders;
(4)
The return receipts of registered notices;
(5)
The date of the sale at auction;
(6)
The amount realized for each article at such sale;
(7)
The name and address of the owner and lienholders, if known;
(8)
The name and address of the auction buyer; and
(9)
Any other information as the chief of police may deem necessary.
(Code 1974, § 7-67)
