It shall be unlawful for any person to park or place an inoperable motor vehicle, or to allow an inoperable motor vehicle to remain, on any public street, alley, sidewalk, highway or public property within the city for a period of more than twenty-four (24) continuous hours, and the presence of such inoperable motor vehicle upon any such public street, alley, sidewalk, highway or property after the expiration of such 24-hour period is hereby declared illegal and to be a public nuisance.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.602)
The provisions of applicable state law are hereby adopted by reference to establish a comprehensive and uniform procedure for the impounding, storage and sale of abandoned motor vehicles within the city.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.603; Ordinance adopting 2020 Code)
The city manager is authorized to provide, by contract or otherwise, for the impounding, storage and disposition of abandoned motor vehicles and shall establish such administrative procedures as he deems necessary for the securing of proof of abandonment, collection of fees, distribution of proceeds of sale or redemption, giving of notices and impounding and sale of abandoned and junked motor vehicles, consistent with this division and state law.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.604; Ordinance adopting 2020 Code)
It shall be unlawful for any person to knowingly or intentionally interfere with or attempt to prevent the physical impounding of any junked vehicle or abandoned motor vehicle by the chief of police pursuant to this division or pursuant to state law.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.605; Ordinance adopting 2020 Code)
At least 48 hours prior to impounding any motor vehicle as abandoned, whether on public or private property, a police officer of the city shall securely attach a visible, dated, brightly colored notice of abandonment to such vehicle, and a record of the date and time such notice was affixed shall be maintained by the chief of police. In the event the motor vehicle is subsequently impounded as abandoned, proof that the motor vehicle was not removed from the public or private property after the visible notice of abandonment was attached thereto shall be prima facie proof in any court that:
(1) 
Such vehicle was left unattended and abandoned for the period of time between the affixing of the notice and the impounding of the motor vehicle; and
(2) 
The owner of such vehicle caused, allowed, suffered and permitted the motor vehicle to remain at the place where such motor vehicle was impounded for the period of time between the affixing of the notice and the impounding of the motor vehicle.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.606)
(a) 
The fees established by this division shall be charged by and shall be paid to the city police department or the person, if any, engaged by the city to impound and store abandoned motor vehicles upon redemption of an abandoned motor vehicle, or out of the proceeds of sale of such motor vehicle if not redeemed.
(b) 
In addition, when the abandoned motor vehicle is one impounded at a storage facility operated by a garagekeeper for commercial purposes, as defined in the Texas Vehicle Storage Facility Act, V.T.C.A., Occupations Code, chapter 2303, and under the provisions of such act the garagekeeper has a valid claim for servicing, storage or repair of such vehicles, his charges shall be paid to the garagekeeper prior to the release of the vehicle by the police department. The procedure for payment of these fees shall be governed by the provisions of section 8.08.039. In the event such motor vehicle is not redeemed, the proceeds of the sale shall be first applied to the garagekeeper’s charges.
(c) 
Fees will be as set by resolution of the city council and will be on file in the office of the city secretary.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.607)
Any motor vehicle not redeemed as provided by law shall be sold at public auction in the manner provided by the city manager. Before selling such motor vehicles, the chief of police shall post two notices of sale, one at the Bastrop County courthouse, and one at the city hall, and shall cause a copy thereof to be published in a daily newspaper in the city at least ten days prior to the date of sale. The notice shall describe the impounded motor vehicles to be sold by year, make and model, state that the same are unredeemed and are being sold at public auction under reserve pursuant to state law, and state the time, date, place and manner of sale. The notice shall further state that the failure of the owner and the lienholder to exercise their rights to any vehicle within the time provided constitutes a waiver by the owner and lienholder of all rights, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. The notice shall also state that state law provides that the purchaser of the motor vehicle shall take title to the motor vehicle free and clear of liens and claims of ownership and is entitled to register the purchased vehicle and receive a certificate of title. Such notice may contain a multiple listing of abandoned motor vehicles. Failure to give notice required by this division, in whole or part, shall not affect the sale of such motor vehicle, it being the intention of the city council that the above procedures for giving notice of the sale shall not be a precondition of the sale but merely a means of advertising the sale to potential bidders. The impounder may establish a minimum bid for the sale of any motor vehicle offered for sale pursuant to the provisions of this division.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.608; Ordinance adopting 2020 Code)
The chief of police or his designee shall maintain records containing a description by year, make, and model of each motor vehicle impounded; the date and time of such impounding; the date notices of impounding are advertised or mailed to holders and owners of record, and the return receipts; the date the motor vehicle is redeemed or sold; the amount realized for each motor vehicle at such sale; the amount of fees to which the impounder is entitled pursuant to this division; the name and address of the owners and [lien] holders if known; the name and address of the buyer; the name and address of the garagekeeper, if any, entitled to recover his changes for servicing, storing or repair of the motor vehicle upon redemption or sale, and the amount of his charges; and any further information the city manager may deem necessary.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.609)
If a vehicle has been moved and placed in a vehicle storage facility without the consent of the owner, the owner is entitled to a hearing before the municipal court to determine whether or not probable cause existed for the removal and placement of the vehicle.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.610)
(a) 
A person entitled to a hearing under this division must file a written request with the municipal court clerk before the sixth day after the date the vehicle was placed in the vehicle storage facility. In computing time under this section, Saturdays, Sundays and legal holidays are excluded. A person who fails to file the request within the specified time period waives the right to the hearing.
(b) 
A written notice under this section must contain the following information:
(1) 
The name, address and telephone number of the owner of the vehicle;
(2) 
The date and the location from which the vehicle was removed;
(3) 
The name, address and telephone number of the person or law enforcement [agency] who authorized the removal; and
(4) 
The name, address and telephone number of the vehicle storage facility where vehicle was placed.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.611)
(a) 
A hearing under the provisions of this division shall be held before the fourth working day after the date the request for the hearing was received by the clerk of the municipal court.
(b) 
The court shall notify the vehicle’s owner and the person or law enforcement agency that authorized the removal of the vehicle of the date, time and place of the hearing.
(c) 
The clerk of the municipal court shall charge a filing fee as set by resolution of the city council. The court may award court costs to the prevailing party after a hearing.
(d) 
The sole issue in a hearing under the provisions of this division is whether or not probable cause existed for the removal and placement of the vehicle.
(e) 
The court shall make written findings of fact and conclusions of law regarding the issue in the hearing.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.612)
(a) 
If the court determines that probable cause existed for the removal and placement of the vehicle, the owner of the vehicle shall pay the cost of removal and storage of the vehicle.
(b) 
If the court does not determine that probable cause existed for the removal and placement of the vehicle, the person or law enforcement agency that authorized the removal shall pay the costs of removing and storage of the vehicle. If the vehicle’s owner paid removal or storage costs before the hearing, the person or law enforcement agency shall fully reimburse the owner.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, sec. 8.613)