An abandoned motor vehicle or any property other than a junked motor vehicle, as defined in section
8.04.001, placed, left standing, parked, erected, or lying in violation of any ordinance or code of the city or left unattended for more than forty-eight (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 officer of the city and taken to the city pound and shall be kept there until redeemed or sold as herein provided.
(2001 Code, sec. 95.30)
The city shall have a lien on such impounded personal property
for all costs incurred in 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. The city
may retain possession thereof until all costs are paid and may sell
the same as herein provided.
(2001 Code, sec. 95.31)
The owner or any person legally entitled to possession of such
impounded personal property 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, provided that the property must
be redeemed from the auction buyer within thirty (30) days after the
date of auction sale, excluding the date of sale. If not redeemed
within thirty (30) days after the date of auction sale, title to said
property shall become absolute in the auction buyer.
(2001 Code, sec. 95.32)
(a) Generally.
When any personal property, other than a
motor vehicle, is not redeemed within sixty (60) days after being
impounded, and when any motor vehicle, other than a junked motor vehicle,
is not redeemed after compliance by the chief of police with the provisions
of this article, the chief of police shall sell the same at public
auction to satisfy the lien of the city.
(b) Procedures for sale of motor vehicles.
(1) When any motor vehicle has not been redeemed within thirty (30) days
from the date of its impounding, it shall be the duty of the chief
of police to submit to the state department of transportation (TXDOT),
and similar agency of the proper state when the vehicle is registered
in another state, all information that said department supply to him
all information the records of the department contained on said vehicle
[sic].
(2) Immediately upon receipt of such information from said department,
the chief of police shall notify the owner and lienholders as shown
by the records of said department by registered mail with return receipt
requested that said vehicle has been impounded and of the provisions
of this division in regard to redemption and sale of impounded property.
(3) In the event a motor vehicle has not been redeemed within fifteen (15) days from receipt of the return receipt or notice of nondelivery of said registered mail, the chief of police shall prepare a notice of sale of such vehicle, in the manner described in subsection
(b)(2) above, shall send a copy of said notice to owner and lienholders, as shown by the records, and advertise said notices in the manner required in subsection
(b)(1) above. Notice by registered mail to the address shown on the records of the TXDOT shall constitute notice of the pending sale to such owner and lienholders.
(4) When the chief of police is unable to ascertain the names of the
owner and lienholders, and the motor vehicle has not been redeemed
within forty-five (45) days from its impounding, no notice of sale
other than posting and advertising as herein prescribed shall be required.
(c) When
any impounded property, including motor vehicles, is not redeemed
by the date and time designated in the notice of sale, the chief of
police shall sell such property at public auction, and, as city auctioneer,
shall execute a bill of sale of said property to the purchaser thereof.
He shall not execute or deliver any but a conditional bill of sale
unless and until the title of said buyer has become absolute by an
expiration of thirty (30) days in time, exclusive of the date of sale,
without being redeemed by the owner of the impounded property.
(d) After
deducting the impounding fee and all other actual expenses incurred
by the city in impounding, storing, and selling of said property,
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.
(e) If
the owner fails to call for such proceeds, they shall be paid into
the city general fund. Within six (6) 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 general fund.
(f) Impounded
property which is offered for sale at public auction in accordance
with the procedures 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 under this section.
(2001 Code, sec. 95.33; Ordinance
adopting Code)