(a)
The city police department may take into custody any abandoned motor vehicle found on public or private property. In such connection, the city may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing abandoned motor vehicles.
(b)
When the police department takes into custody an abandoned motor vehicle, the city shall notify, within ten (10) days thereof, by registered or certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act, as amended (chapter 501, Texas Transportation Code) that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned vehicle, set forth the location of the facility where the motor vehicle is being held, and inform the owner and any lienholders of their right to reclaim the motor vehicle upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges if notice is pursuant to the provisions of section 14.05.042 of this article dealing with garagekeepers and abandoned vehicles. Further, the notice shall state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and their consent of the sale of the abandoned motor vehicle at a public auction.
(c)
If the identity of the last registered owner cannot be determined, or 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 one newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this article. Such notice by publication can contain multiple listings of abandoned vehicles. Any such notice shall be within the time requirements prescribed for notice by registered or certified mail and shall have the same contents required for a notice by registered or certified mail.
(d)
The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section.
(e)
If an abandoned motor vehicle has not been reclaimed as provided for in subsection (b) of this section, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper lien the garagekeeper shall be notified of the time and place of such auction. The purchaser of the motor vehicle shall take 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 shall be entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle the city shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to this section. Any remainder from the proceeds of a 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 which shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned or junked vehicles in custody, whenever the proceeds from a sale of such other abandoned vehicles are insufficient to meet these expenses and costs.
(Ordinance 85-12-10-2, sec. 3, adopted 12/10/85)