If a vehicle, including a motor vehicle, watercraft or outboard motor, is found unattended or unoccupied upon a street, highway, alley, or other public place or upon private property without the consent of the owner of such land, in violation of any of the provisions of this division, the vehicle is hereby declared a nuisance. The fact that such vehicle is unattended or unoccupied for the period of time prohibited by this division shall be prima facie evidence that the owner unlawfully stopped, placed or parked such vehicle.
(Ordinance 10-0809-02, sec. 3.F, adopted 8/–/10)
(a) 
Whenever any police officer finds a vehicle standing upon a street, highway, or other public place or upon private property without the consent of the owner of such land, in violation of this division, such officer is hereby authorized to move such vehicle or to require the driver or other person in charge of the vehicle to move the same to a position off the street, alley, or other public property or off the private property.
(b) 
Any police officer is also authorized to remove the vehicle from the street, alley or other public place or from the private property to a garage or storage area maintained by the city or to such other place as the city administrator may designate after contracting for such wrecker service and storage facilities as he may deem necessary.
(Ordinance 10-0809-02, sec. 3.G, adopted 8/–/10)
All such property described in section 8.05.061 which is taken into custody shall be registered in a record book provided for that purpose and shall be tagged, and impoundment record cards shall be maintained on all vehicles. The chief of police shall enter upon his record and upon the tag or upon the impoundment card the following information:
(1) 
Description of the property;
(2) 
Time and place seized and by whom;
(3) 
Name of the owner and lienholders, if known;
(4) 
Storage and hauling charges accrued against the property;
(5) 
The reason for impounding; and
(6) 
An inventory of articles or materials in the vehicle.
(Ordinance 10-0809-02, sec. 3.H, adopted 8/–/10)
The charges made against such vehicle shall be the actual expense incurred by the city in hauling and storing the vehicle, except that there shall be a minimum charge as provided for in the fee schedule established by the city for the storage of motor vehicles.
(Ordinance 10-0809-02, sec. 3.I, adopted 8/–/10)
(a) 
The city shall send notice of abandonment to:
(1) 
The last known registered owner of each motor vehicle, watercraft or outboard motor taken into custody by the agency or for which a report is received under Texas Transportation Code section 683.031; and
(2) 
Each lienholder recorded under Texas Transportation Code section 501.001 et seq. for the motor vehicle, or under Texas Parks and Wildlife Code section 31.001 et seq. for the watercraft or outboard motor.
(b) 
The notice required under subsection (a) of this section must:
(1) 
Be sent by certified mail not later than the tenth (10th) day after the date the city:
(A) 
Takes the abandoned motor vehicle, watercraft or outboard motor into custody; or
(B) 
Receives the report under Texas Transportation Code section 683.031;
(2) 
Specify the year, make, model and identification number of the item;
(3) 
Give the location of the facility where the item is being held;
(4) 
Inform the owner and lienholder of the right to claim the item not later than the twentieth (20th) day after the date of the notice on payment of:
(A) 
Towing, preservation and storage charges; or
(B) 
Garagekeeper’s charges and fees under Texas Transportation Code section 683.032; and
(5) 
State that failure of the owner or lienholder to claim the item during the period specified by subsection (a)(4) of this section is:
(A) 
A waiver by that person of all right, title and interest in the item; and
(B) 
Consent to the sale of the item at a public auction.
(c) 
Notice by publication in one newspaper of general circulation in the area where the motor vehicle, watercraft or outboard motor was abandoned is sufficient notice under this division if:
(1) 
The identity of the last registered owner cannot be determined;
(2) 
The registration has no address for the owner; or
(3) 
The determination with reasonable certainty of the identity and address of all lienholders is impossible.
(d) 
Notice by publication:
(1) 
Must be published in the same period that is required by subsection (b) of this section for notice by certified mail and contain all of the information required by that subsection; and
(2) 
May contain a list of more than one abandoned motor vehicle, watercraft or outboard motor.
(Ordinance 10-0809-02, sec. 3.J, adopted 8/–/10)
The city or the agent of the city that takes into custody an abandoned motor vehicle, watercraft or outboard motor is entitled to reasonable storage fees:
(1) 
For not more than ten (10) days, beginning on the day the item is taken into custody and ending on the day the required notice is mailed; and
(2) 
Beginning on the day after the day the agency mails the notice and ending on the day accrued charges are paid and the vehicle, watercraft or outboard motor is removed.
(Ordinance 10-0809-02, sec. 3.K, adopted 8/–/10)
(a) 
If an abandoned motor vehicle, watercraft or outboard motor is not claimed under section 8.05.065:
(1) 
The owner or lienholder waives all rights and interests in the item and consents to the sale of the item by public auction.
(2) 
The law enforcement agency may sell the item at a public auction or use the item as provided in Texas Transportation Code section 683.016.
(b) 
Proper notice of the auction shall be given. A garagekeeper who has a garagekeeper’s lien shall be notified of the time and place of the auction.
(c) 
The purchaser of a motor vehicle, watercraft or outboard motor:
(1) 
Takes title free and clear of all liens and claims of ownership;
(2) 
Shall receive a sales receipt from the law enforcement agency; and
(3) 
Is entitled to register the motor vehicle, watercraft or outboard motor and receive a certificate of title.
(Ordinance 10-0809-02, sec. 3.L, adopted 8/–/10)
(a) 
The city is entitled to reimbursement from the proceeds of the sale of an abandoned motor vehicle, watercraft or outboard motor for:
(1) 
The cost of the auction;
(2) 
Towing, preservation and storage fees resulting from the taking into custody; and
(3) 
The cost of notice or publication as required by section 8.05.065.
(b) 
After deducting the reimbursement allowed under subsection (a) of this section, the proceeds of the sale shall be held for ninety (90) days for the owner or lienholder of the vehicle.
(c) 
After the period provided by subsection (b) of this section, proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other vehicles, watercraft or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees.
(d) 
The city may transfer funds in excess of $1,000.00 from the account to the police department’s general revenue fund account to be used by the police department.
(Ordinance 10-0809-02, sec. 3.L, adopted 8/–/10)
The chief of police or his duly authorized representative shall conduct any auction referred to in this division. He shall keep an accurate statement of each motor vehicle sold and the price bid and paid therefor. The chief of police shall make a complete report in writing to the finance officer of the time, place and manner of conducting the sale.
(Ordinance 10-0809-02, sec. 3.M, adopted 8/–/10)
The public auction provided for in this division shall be conducted at the place and hour designated in the notice, and all sales shall be for cash.
(Ordinance 10-0809-02, sec. 3.N, adopted 8/–/10)
Any property, except abandoned motor vehicles, which has been listed and offered for sale and for which no price or sum has been offered, if deemed by the chief of police to be worthless and without sale value, shall be disposed of in such manner as he shall direct.
(Ordinance 10-0809-02, sec. 3.O, adopted 8/–/10)
(a) 
The city shall have a lien on all abandoned, stolen and/or recovered motor vehicles for towing and storage charges in the amounts as provided for in the fee schedule established by the city.
(b) 
Any such lien shall be prior and superior to any and all other liens, except for ad valorem taxes. Such liens shall be satisfied first from the proceeds from the sales of any motor vehicles under the terms of this division, except that if a lien is asserted for any valorem taxes, the lien for ad valorem taxes shall first be satisfied.
(Ordinance 10-0809-02, sec. 3.P, adopted 8/–/10)
It shall be unlawful and an offense for any person to leave standing or parked in or on any public street, alley, or other public place, or upon private property without the consent of the owner of such land, an abandoned vehicle.
(Ordinance 10-0809-02, sec. 3.Q, adopted 8/–/10)