(a)
Any personal property other than a motor vehicle, aircraft, watercraft, or outboard motor, as those terms are defined in article 8.08, which is placed, left standing, parked or lying in violation of any ordinance of the city or any state law; or left unattended for more than 48 continuous hours in or on any public street, alley, sidewalk, public property, or public place in the city; or which is placed, left standing, parked, erected or lying in or on any public street, alley or sidewalk in such a manner as to substantially interfere with, obstruct or cause a barrier to vehicular or pedestrian traffic is declared a public nuisance. Any such property found by the police officer of the city shall be removed or caused to be removed summarily to the police impound or any other place of impoundment designated by the city manager.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.501; Ordinance 2019-564 adopted 5/13/19; Ordinance adopting 2020 Code)
Within ten days after any personal property is impounded under
this article, the impounder shall notify the owner of such property
and all lienholders, if their names and addresses be known, that such
property has been impounded.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.502; Ordinance 2019-564 adopted 5/13/19)
A lien for all costs incurred in the impounding, storing and
advertising for sale of personal property pursuant to this article
shall exist and inure to the benefit of the person actually impounding
such property. Such lien shall be prior and superior to all other
liens of every kind, save and except liens for ad valorem taxes, and
the impounder may retain possession of such property until all costs
are paid and may sell the same as provided in this article.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.503; Ordinance 2019-564 adopted 5/13/19)
The owner or any person legally entitled to possession of any
impounded personal property as provided for in this article may redeem
the same as follows:
(2)
By
paying to the buyer at the sale of the impounded property, within
30 days after the sale, double the amount paid by the buyer for such
personal property plus any reasonable expenses incurred by the buyer
for keeping the property.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.504; Ordinance 2019-564 adopted 5/13/19)
(a)
When any personal property, other than motor vehicles, aircraft, watercraft, or outboard motor, as those terms are defined in article 8.08, is not redeemed within 30 days of being impounded, the same may be sold in the manner designated by the city manager.
(b)
Before
selling any personal property as provided for in this article, the
impounder shall post two notices thereof, one at the county courthouse
door and one at the city hall, and shall cause notice 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 sale. The notice of sale shall
describe the impounded property, state that the same is unredeemed,
state that the same will be sold, designate the place of sale, the
manner of sale, and state a time and date.
(c)
When
any impounded property is not redeemed by the date and time designated
in the notice of sale, the impounder shall sell such property in the
manner designated by the city manager, and execute a conditional bill
of sale of such property in the manner designated by the city manager
providing that the title of the buyer shall not be absolute until
a period of 30 days have passed from the date of sale without being
redeemed by the owner of the impounded property.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.505; Ordinance 2019-564 adopted 5/13/19)
After deducting the fees to which the impounder is entitled pursuant to section 8.07.007, the impounder shall hold the balance of the proceeds of such sale, if any, to pay the same to the owner of the property. If the owner fails to call for such proceeds within 30 days, then such proceeds shall belong to the impounder.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.506; Ordinance 2019-564 adopted 5/13/19)
The fees as currently established or as hereafter adopted by
ordinance shall be charged and shall be paid to an impounder at the
sale or redemption of impounded property pursuant to the provisions
of this article.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.507; Ordinance 2019-564 adopted 5/13/19)
