An abandoned motor vehicle or any property other than a junked motor vehicle, as defined in section 8.07.001, 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.
(2014 Code, sec. 75.20)
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.
(2014 Code, sec. 75.21)
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 and [sic]any
actual expenses incurred by the city in keeping the 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.
(2014 Code, sec. 75.22)
(a)
Authorized.
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 or sealed bids to satisfy the lien of the city.
(b)
Procedures for sale of property other than motor vehicles.
(1)
Before selling such personal property, other than motor vehicles,
the chief of police shall post two (2) notices thereof, one at the
United States Post Office, Overton, Texas, and one at the entrance
to the city hall, and shall cause a copy thereof to be published in
a newspaper published and/or widely distributed in the city once a
week for two (2) consecutive weeks, the date of the first publication
to be at least fourteen (14) days prior to the day of the auction
sale.
(2)
The notice of sale shall describe the impounded property, state that
the same is unredeemed, state that the same shall be sold at public
auction, designate the place of sale, and state a time and date of
sale which shall not be less than fourteen (14) days from the date
of posting such notices as herein required.
(c)
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 [sic]the records of the department contain on said
vehicle.
(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 non-delivery 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
with forty-five (45) days from its impounding, no notice of sale other
than posting and advertising as herein prescribed shall be required.
(d)
Bill of sale.
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.
(e)
Disposition of proceeds of sale.
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.
(f)
Payment of proceeds to city general fund.
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.
(g)
Junk property.
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.
(2014 Code, sec. 75.23)
(a)
The
chief of police shall keep a record book which shall contain a description
of all property impounded, the date and time of such impounding, the
date notices of sale were posted and advertised and mailed to owners
and lienholders, the return of receipts of registered notices, the
date of the sale at auction, the amount realized for each article
at such sale, the name and address of the owner and lienholders, if
known, the name and address of the auction buyer, and any such other
information as he may deem necessary.
(2014 Code, sec. 75.24)
