Nothing contained within this article shall apply to, alter
or affect any portion of this code or any other city ordinance regulating
the impounding and sale of livestock, fowl or dogs, nor shall the
same in any manner affect or apply to any livestock, fowl or dogs.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.01)
Any vehicle or other property or obstruction, placed, left standing,
parked, erected or lying in violation of any provision of this code
or any 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 when so found 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.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.02)
The city shall have a lien on all personal property impounded
under the provisions of this article for all costs incurred in moving,
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.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.03)
The owner or any person legally entitled to possession of any
personal property impounded under the provisions of this article may
redeem the same as follows.
(1) Before
Sale.
By paying to the chief of police 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 same; providing that 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 the property shall become absolute in the auction buyer.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.04)
When any personal property impounded under the provisions of this article, other than motor vehicles, is not redeemed within 60 days after being impounded, and when any motor vehicle so impounded is not redeemed after compliance by the chief of police with the provisions of Section
8.107, the chief of police shall sell the same at public auction to satisfy the lien of the city.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.05)
Before selling such personal property impounded under the provisions
of this article, other than motor vehicles, the chief of police shall
post two notices thereof, one at the county courthouse door and one
at the entrance of the city hall and shall cause a copy thereof to
be published in a daily newspaper 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 same
is unredeemed, state that the same 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.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.06)
(a) When any
motor vehicle impounded under the provisions of this article has not
been redeemed within 30 days from the date of its impounding, it shall
be the duty of the chief of police to submit to the state highway
department, or similar agency of the proper state when the vehicle
is from another state, all information in his possession concerning
said vehicle and to request that department supply to him all information
the records of the department contain on the vehicle.
(b) Immediately
on receipt of such information from the department, the chief of police
shall notify the owner and lienholders as shown by the records of
the department by registered or certified mail with return receipt
requested, that said vehicle has been impounded and of the provisions
of this article in regard to redemption and sale of impounded property.
(c) In the event a motor vehicle has not been redeemed within five (5) days from receipt of the return receipt or notice of nondelivery of the registered or certified mail, the chief of police shall prepare a notice of sale of such vehicle, in the manner described in Section
8.106, shall send a copy of the notice to owner and lienholders, as shown by the records of the highway department, by registered or certified mail, and shall post and advertise the notices in the manner required in Section
8.106. Notice by registered or certified mail to the address shown on the records of the highway department shall constitute notice of the pending sale of such owner and lienholders.
(d) When the
chief of police is unable to ascertain the names or addresses of the
owner and lienholders, and the motor vehicle has not been redeemed
within 45 days from its impounding, no notice of sale other than posting
and advertising as herein prescribed shall be required.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.07)
When any property impounded under the provisions of this article,
including motor vehicles, is not redeemed by the date and time designated
in the notice of sale therefor, the chief of police shall sell such
property at public auction, and, as city auctioneer, shall execute
bill of sale of the 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 the 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.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.08)
After deducting the impounding fee and all other actual expenses
incurred by the city in impounding, storing and selling of property,
impounded under the provisions of this article, as determined by the
chief of police, not to exceed a reasonable amount for each impounded
article, he 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 in to 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.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.09)
Property impounded under the provisions of this article which
is offered for sale at public auction in accordance with the procedure
herein prescribed 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.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.10)
The chief of police shall keep a record book which shall contain
a description of all property impounded, the date and time of such
impounding, the date notices of sale were posted and advertised and
mailed to owners and lienholders, the return of receipts of registered
or certified notices, the date of the sale at auction, the amount
realized for each article at such sale, the name and address of the
owner and lienholders, if known, the name and address of the auction
buyer, and any such other information as he may deem necessary.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.11)
Fees for the actual costs of processing property impounded under
the provisions of this article shall be charged for taking and impounding,
plus cost of removing each item of property, for preparing advertisements
of sale for each item of property, for selling each item of property,
and for posting notices of sale relating to any one item of property.
(1995 Code of Ordinances, Title IX, Chapter 90, Section
90.12)