The police department is authorized to take into custody any abandoned motor vehicle, watercraft or outboard motor found on public or private property. The police department may use personnel, equipment and facilities of the police department or other personnel, equipment, and facilities provided by contract with the city to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody of the police department.
(Ordinance 2002-07-01-008, sec. 2, adopted 7/1/02)
(a) 
When information exists sufficient to permit notice of impoundment of an abandoned motor vehicle, watercraft, or outboard motor to the owner and lienholder, notice shall be given by mail to the registered owner and lienholder as follows:
(1) 
The police department shall send notice of abandonment to each registered owner and lienholder showing of record pursuant to the Certificate of Title Act, chapter 501, Tex. Trans. Code, or, as applicable, chapter 31, Parks and Wildlife Code.
(2) 
Such notice shall be given within ten (10) days after the date the motor vehicle, watercraft or outboard motor is taken into custody, or the date the police department receives a report of abandonment.
(3) 
The notice shall be by certified mail, return receipt requested, specify the year, make, model and identification number of the item, set forth the location of the facility where the item is being held, and inform the owner and any lienholder of the right to reclaim the item not later than the 20th day after the date of the notice, on payment of all towing, preservation, storage and/or garagekeeper charges.
(4) 
The notice shall state that the failure of the owner or lienholder(s) to exercise the right to reclaim the item within the time provided shall be deemed a waiver of all right, title, and interest in the item and their consent to the sale of the item at a public auction.
(b) 
If the identity of the last registered owner 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 lienholders, notice by one publication in a newspaper of general circulation in the city shall be made within ten (10) days from the date the item was taken into custody, or from the date the report of abandonment was received. The published notice shall be sufficient if it contains the information otherwise required to be included in the notice by mail. A list of motor vehicles, watercraft or outboard motors may be included in the same publication.
(Ordinance 2002-07-01-008, sec. 2, adopted 7/1/02)
(a) 
Provided that a garagekeeper’s lien has not attached to the vehicle, if an abandoned motor vehicle has not been reclaimed as provided in section 8.06.032 hereof, the police department may use such abandoned motor vehicle for police department purposes if such use is cost-effective.
(b) 
If the police department discontinues use of the abandoned motor vehicle, the police department shall auction such abandoned motor vehicle as provided herein.
(Ordinance 2002-07-01-008, sec. 2, adopted 7/1/02)
(a) 
If an abandoned motor vehicle, watercraft or outboard motor has not been reclaimed within twenty (20) days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment, the police department shall sell the item at a public auction. Proper notice of the public auction shall be given and, in the event a vehicle is to be sold in satisfaction of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of such auction.
(b) 
The police department shall furnish a sales receipt for each vehicle to the purchaser thereof at the public auction.
(c) 
The proceeds shall be applied first to reimburse the police department for the expenses of the auction, costs of towing, preserving and storing the vehicle, and all notice and publication costs, and any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in a special fund with the city treasurer which shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs. In the event the special fund on deposit with the city treasurer accumulates to in excess of $1,000, the city council may transfer the balance of such fund that exceeds $1,000 to the general fund for use by the police department as budgeted.
(Ordinance 2002-07-01-008, sec. 2, adopted 7/1/02)
(a) 
The police department, upon receipt of a report from a garagekeeper that a motor vehicle has been deemed abandoned pursuant to section 683.031, Tex. Trans. Code, shall follow the notification procedures set forth in section 8.06.032 herein for the giving of notice to owners and lienholders of abandoned vehicles, except that custody of the vehicle shall remain with the garagekeeper until after the notification requirements have been satisfied.
(b) 
A fee as set forth in appendix A to this code shall accompany the report of the garagekeeper, and such fee shall be retained by the police department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of such vehicles, and such fee shall be deposited in the general fund of the city.
(c) 
Abandoned vehicles left in storage facilities which are not reclaimed after notice is given in accordance with this division shall be taken into custody by the police department and sold at auction, as in the case of other abandoned motor vehicles. The proceeds of the sale shall first be applied to the garagekeeper’s charges for servicing, repair, and storage, provided the garagekeeper properly notified the police department within seven days of the abandonment; however, the police department shall retain an amount of two percent (2%) of the gross proceeds of the sale for each vehicle auctioned, but in no event shall it retain less than ten dollars ($10.00), to be used to defray expenses of custody, auction, and storage fees accrued according to section 8.06.006.
(d) 
The police department shall not take custody of a motor vehicle, watercraft, or outboard motor more than thirty-one days after the notices are sent according to section 8.06.032. After the thirty-first day, the storage facility having custody of the abandoned vehicle shall dispose of the vehicle pursuant to the requirements of chapter 70, Property Code.
(Ordinance 2002-07-01-008, sec. 2, adopted 7/1/02; Ordinance adopting Code)
The police department is authorized to apply to the state department of transportation for authority to sell, give away or dispose of any abandoned motor vehicle in its possession to a demolisher in accordance with the provisions of chapter 683, Tex. Trans. Code.
(Ordinance 2002-07-01-008, sec. 2, adopted 7/1/02)