For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them in this section,
unless the context clearly indicates a different meaning:
means a motor vehicle that is inoperable and more than eight
years old and left unattended on public property for more than 48
hours, or a motor vehicle that has remained illegally on public property
for a period of more than 48 hours, or a motor vehicle that has remained
on private property without the consent of the owner or person in
control of the property for more than 48 hours, or a motor vehicle
left unattended on the right-of-way of a designated county, state
or federal highway within this state for more than 48 hours or for
more than 12 hours on a turnpike project constructed and maintained
by the turnpike authority division of the state department of transportation.
means a person whose business is to convert a motor vehicle
into processed scrap or scrap metal or to otherwise wreck or dismantle
a motor vehicle.
means an owner or operator of a parking place or establishment,
motor vehicle storage facility or establishment for the servicing,
repair or maintenance of a motor vehicle.
means a motor vehicle subject to registration under the Certificate of Title Act (Texas Transportation Code chapter 501), except that for purposes of sections 8.08.062 through 8.08.064 the term “motor vehicle” includes a motorboat, outboard motor or vessel subject to registration under Texas Parks and Wildlife Code chapter 31.
means a garage, parking lot or any type of facility or establishment
for the servicing, repairing, storing or parking of motor vehicles.
(1976 Code, sec. 18-16; 1998 Code,
sec. 74-31; 2013 Code, sec. 34-31)
(a)
A
police department may take into custody an abandoned motor vehicle
found on public or private property.
(b)
A
police department may employ its own personnel, equipment and facilities
or hire persons, equipment and facilities to remove, preserve, store,
send notice regarding and dispose of an abandoned motor vehicle it
takes into custody.
(1976 Code, sec. 18-17; 1998 Code,
sec. 74-32; 2013 Code, sec. 34-32)
(a)
The
police department, after taking into custody an abandoned motor vehicle,
shall notify, not later than the tenth day after taking the motor
vehicle into custody, by certified mail, the last known registered
owner of the motor vehicle and all lienholders of record pursuant
to the Certificate of Title Act (Texas Transportation Code chapter
501), or Texas Parks and Wildlife Code chapter 31, that the vehicle
has been taken into custody. The notice shall describe the year, make,
model, and vehicle identification number of the motor vehicle, set
forth the location of the facility where the motor vehicle is being
held, 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, or garagekeeper’s
charges if notice is under section 683.032 of the Texas Transportation
Code and, if the vehicle is a commercial motor vehicle impounded under
section 644.153(q) of the Texas Transportation Code, the delinquent
administrative penalty and costs. The notice shall also state that
the failure of the owner or lienholders to exercise their right to
reclaim the vehicle within the time provided constitutes a waiver
by the owner and 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.
(b)
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 under this division. The notice by publication
may contain multiple listings of abandoned vehicles, shall be published
within the time requirements prescribed for notice by certified mail,
and shall have the same contents required for a notice by certified
mail.
(c)
The
consequences and effect of failure to reclaim an abandoned motor vehicle
are as set forth in a valid notice given under this section.
(d)
The
police department or its agent that takes custody of any abandoned
motor vehicle is entitled to reasonable storage fees for:
(1)
A period of not more than ten days beginning on the day the department
takes custody and continuing through the day the department mails
notice as provided by this section; and
(2)
A period beginning on the day after the day the department mails
notice and continuing through the day any accrued charges are paid
and the vehicle is removed.
(1976 Code, sec. 18-18; 1998 Code,
sec. 74-33; 2013 Code, sec. 34-33; Ordinance adopting 2021 Code)
(a)
If an abandoned motor vehicle has not been reclaimed as provided by section 8.08.063, 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 case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title.
(b)
From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under section 8.08.063.
(c)
Any
remainder from the proceeds of a sale shall be held for the owner
of the vehicle or entitled lienholder for 90 days and then shall be
deposited in a special fund that shall remain available for the payment
of auction, towing, preserving, storage, and all notice and publication
costs that result from placing another abandoned vehicle in custody,
if the proceeds from a sale of another abandoned motor vehicle are
insufficient to meet these expenses and costs.
(1976 Code, sec. 18-19; 1998 Code,
sec. 74-34; 2013 Code, sec. 34-34)
