The police department shall notify within ten days, by certified mail, return receipt requested, the last known registered owner and all lienholders of record pursuant to the Certificate of Title Act (Texas Transportation Code, chapter 501), that it has taken into custody an abandoned motor vehicle under the provisions of this article. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor 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 not later than the twentieth day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody. 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 to the sale of the abandoned motor vehicle at a public auction to be held by the city. If the identity of the last registered owner cannot be determined, 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 is sufficient notice.
(Ordinance 13-04 adopted 7/18/13; 1994 Code, sec. 93.18)
(a) 
If an abandoned motor vehicle has not been reclaimed within 20 days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment, 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 event a vehicle is to be sold in satisfaction of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of such auction.
(b) 
The police department shall furnish a sales receipt for each vehicle to the purchaser thereof at the public auction. The proceeds shall be applied first to reimburse the police department for the expenses of the auction, costs of towing, preserving and storing the vehicle, and all notice and publication costs, and any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for 90 days, and then shall be deposited in the 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 vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs.
(Ordinance 13-04 adopted 7/18/13; 1994 Code, sec. 93.19)
(a) 
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle deemed abandoned under the provisions of this article, shall follow the notification procedures set forth herein for the giving of notice to owners and lienholders of abandoned vehicles, except that custody of the vehicle shall remain with the garagekeeper until after the notification requirements have been complied with.
(b) 
A fee as set forth in the fee schedule in appendix A of this code shall accompany the report of the garagekeeper to the police department, and such fee shall be retained by the police department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of such vehicles, and such fee shall be deposited in the general fund of the city. Abandoned vehicles left in storage facilities, which are not reclaimed after notice given in accordance with this article, shall be taken into custody by the police department and sold at auction, as in the case of other abandoned motor vehicles. The proceeds of the sale shall first be applied to the garagekeeper’s charges for servicing, storage and repair; provided, however, that the police department shall retain an amount of 2% of the gross proceeds of the sale for each vehicle auctioned, but in no event shall it retain less than $10.00, to be used to defray expenses of custody and auction.
(Ordinance 13-04 adopted 7/18/13; 1994 Code, sec. 93.20; Ordinance adopting 2019 Code)
The police department is authorized to apply to the state department of transportation for authority to sell, give away or dispose of any abandoned vehicle in its possession to a demolisher in accordance with the provisions of Texas Transportation Code, chapter 683, as amended.
(Ordinance 13-04 adopted 7/18/13; 1994 Code, sec. 93.21)