The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned motor vehicle
means a motor vehicle that is inoperable and more than five years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within this state for more than 48 hours or for more than 12 hours on a turnpike project constructed and maintained by the state turnpike authority.
Motor vehicle
means a motor vehicle subject to registration under the Certificate of Title Act, Vernon’s Ann. Civ. St. art. 6687-1, except that for purposes of sections 46-112 through 46-114, “motor vehicle” includes a motorboat, outboard motor, or vessel subject to registration under V.T.C.A., Parks and Wildlife Code ch. 31.
(a) 
The police department may take into custody an abandoned motor vehicle found on public or private property.
(b) 
The police department may use its own personnel, equipment, and facilities or, if approved by the city council, it may hire persons, equipment and facilities to remove, preserve and store an abandoned motor vehicle it takes into custody.
(a) 
The police department, when taking into custody an abandoned motor vehicle, shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lien holders of record pursuant to the Certificate of Title Act, Vernon’s Ann. Civ. St. art. 6687-1, or V.T.C.A., Parks and Wildlife Code ch. 31, that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle; set forth the location of the facility where the motor vehicle is being held; inform the owner and any lien holders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges if applicable. The notice shall state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b) 
If the identity of the last registered owner of an abandoned motor vehicle cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lien holders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this division. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail.
(c) 
The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section.
(d) 
The police department, or an agent of the police department, when taking custody of an abandoned motor vehicle is entitled to reasonable storage fees for:
(1) 
A period of not more than ten days beginning on the day the department takes custody and continuing through the day the department mails notice as provided by this section; and
(2) 
A period beginning on the day after the day the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed.
(Code 1974, § 7-64)
If an abandoned motor vehicle has not been reclaimed as provided by section 46-113, the police department may sell the vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under section 46-113. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. The amount in the special fund that exceeds $1,000.00 may be transferred from the special fund to the general revenue account to be used by the police department.
(Code 1974, § 7-64)