In a prosecution for violations of any provisions of this article, no culpable mental state shall be required. Any person violating any of the provisions of this article, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Each day that such nuisance shall continue after the time for abatement as set out in this article shall constitute a separate offense. On conviction, the court shall order removal and abatement of the nuisance.
(Ordinance 117-03-03-11, sec. 3(10), adopted 3/11/03)
Any property or obstruction placed, left standing, parked, erected or lying in violation of any ordinance of the city or left unattended for more than 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, and any such property when so found shall be removed summarily by any employee of the city and taken to the city pound and shall be kept there until redeemed or sold as provided in this article.
(Ordinance 117-03-03-11, sec. 2(1), adopted 3/11/03)
The provisions of this article shall not apply to motor vehicles abandoned within the city. Abandoned motor vehicles shall be governed by article 8.04 of this chapter.
(Ordinance 117-03-03-11, sec. 2(2), adopted 3/11/03)
The city shall have a lien on 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, and the city may retain possession of the property until all costs are paid and may sell the property as provided in this article.
(Ordinance 117-03-03-11, sec. 2(3), adopted 3/11/03)
The owner or any person legally entitled to possession of impounded personal property may redeem the property as follows:
(1) 
Before sale.
By paying to the city manager the impounding fee and any other actual expenses incurred by the city in impounding and keeping the impounded property, as determined by the city manager.
(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 the property; providing that the property must be redeemed from the auction buyer within 30 days after the date of the auction sale, excluding the date of sale, otherwise, title to the property shall become absolute in the auction buyer.
(Ordinance 117-03-03-11, sec. 2(4), adopted 3/11/03; Ordinance 397, sec. II(B), adopted 9/8/15)
When any personal property is not redeemed within 60 days after being impounded, the city manager shall sell the same at public auction to satisfy the lien of the city.
(Ordinance 117-03-03-11, sec. 2(5), adopted 3/11/03; Ordinance 397, sec. II(B), adopted 9/8/15)
Before selling impounded personal property, the city manager shall post two notices thereof, one at the county courthouse door, and one at the entrance of the city hall, and shall cause a copy thereof to be published in a 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 auction sale. The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will be sold at public auction, designate the place of sale, and state a time and date of sale, which shall not be less than 14 days from the date of posting such notices.
(Ordinance 117-03-03-11, sec. 2(6), adopted 3/11/03; Ordinance 397, sec. II(B), adopted 9/8/15)
When any impounded property is not redeemed by the date and time designated in the notice of sale, the city manager shall sell such property at public auction and, as city auctioneer, shall execute a bill of sale of the property to the purchaser thereof; provided he shall not execute or deliver any but a conditional bill of sale unless the title of the buyer has become absolute by an expiration of 30 days in time, exclusive of the day of sale, without being redeemed by the owner of the impounded property.
(Ordinance 117-03-03-11, sec. 2(7), adopted 3/11/03; Ordinance 397, sec. II(B), adopted 9/8/15)
After deducting the impounding fee and all other actual expenses incurred by the city in impounding, storing and selling of the property, as determined by the city manager, 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. If the owner fails to call for such proceeds, they shall be paid into the city treasury. Within six months after such auction sale, the owner may apply in writing to the city manager and upon satisfactory proof of ownership shall be entitled to receive the amount of the proceeds delivered to the city treasury.
(Ordinance 117-03-03-11, sec. 2(8), adopted 3/11/03; Ordinance 397, sec. II(B), adopted 9/8/15)
Impounded property offered for sale at public auction in accordance with the procedure prescribed in this article 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 sale under this article.
(Ordinance 117-03-03-11, sec. 2(9), adopted 3/11/03)
The city manager shall keep a record book, which shall contain:
(1) 
A description of all property impounded;
(2) 
The date and time of such impounding;
(3) 
The date notices of sale were posted and advertised and mailed to owners and lienholders;
(4) 
The return of receipts of registered notices;
(5) 
The date of the sale at auction;
(6) 
The amount realized for each article at such sale;
(7) 
The name and address of the owner and lienholders, if known;
(8) 
The name and address of the auction buyer; and
(9) 
Any such other information as he may deem necessary.
(Ordinance 117-03-03-11, sec. 2(10), adopted 3/11/03; Ordinance 397, sec. II(B), adopted 9/8/15)
Fees as provided in the current fee schedule shall be charged under this article and shall be paid into the city treasury.
(Ordinance 117-03-03-11, sec. 2(11), adopted 3/11/03)