For the purposes of this article, an abandoned vehicle means a motor vehicle that is inoperable and more than five 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 the city for more than 48 hours.
(Ordinance 628 adopted 5/10/1982; Ordinance 804 adopted 2/12/1990; 1996 Code, sec. 13-36(1))
Any abandoned vehicles that shall be found standing or parked in violation of any city ordinance, or any vehicle that may be abandoned or left in any public place, or any wrecked or disabled vehicle that constitutes a traffic hazard shall be immediately removed to and impounded in the police automobile pound provided by the city for such purposes (vehicles acquired for evidence will be stored in the city-owned facility; all other vehicles impounded will be stored in the contract impound facility) by any police officer, or other persons duly authorized and acting under and by authority and direction of any member of the police department. Vehicles may also be impounded by police officers for the following reasons:
(1) 
Impeding traffic, i.e., automobile accident or illegally parked vehicle which impedes the efficient flow of traffic;
(2) 
Owner's consent;
(3) 
Stolen vehicle or reasonable cause to believe stolen;
(4) 
Abandoned or mechanically defective so that it creates a hazard or danger to others using public street;
(5) 
DWI driver and no one else available to take the vehicle;
(6) 
Driver under custodial arrest and no other alternatives available other than impoundment to insure protection of the vehicle;
(7) 
Specific forfeiture or seizure statute.
(Ordinance 628 adopted 5/10/1982; 1996 Code, sec. 13-36(2))
Any vehicle so removed and impounded shall be towed to the automobile pound that has been provided for the storage of such vehicles; said vehicle so towed and/or impounded shall be retained and held at such pound until all charges for towing and storage against such vehicle shall have been paid to the duly authorized person in charge of said pound. A storage fee as set forth in the fee schedule in appendix A of this code, per day, each day that a vehicle, impounded for evidence, remains under the control and in the possession of the police department and stored in the city-owned impound facility, will be collected by the police department before the impounded vehicle is released. A storage fee per day for each day as specified by contract with the contract impound facility for all impounded vehicles stored in such facility will be charged.
(Ordinance 628 adopted 5/10/1982; 1996 Code, sec. 13-36(3); Ordinance adopting 2023 Code)
The police department after taking into custody a motor vehicle shall notify, not later than the 10th day after taking the motor vehicle into custody, by certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code section 501.001 et seq.) 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, and inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th 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 also 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 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. 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. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by registered or certified mail, and shall have the same contents required for a notice by registered or certified mail. The consequences and effect of failure to reclaim an abandoned motor vehicle shall be set forth in a valid notice given pursuant to this section.
(Ordinance 628 adopted 5/10/1982; 1996 Code, sec. 13-36(4); Ordinance adopting 2023 Code)
(a) 
Impounded motor vehicles shall be released by the police officer in charge of the police automobile pound, after payment is made of any towing or storage charges or fees, only upon receipt of one of the following:
(1) 
Submission of certificate of title or other satisfactory proof that the person applying for the release is the owner of the vehicle.
(2) 
Submission of the certificate of title and of a current power of attorney duly executed by the owner requesting release to the person named therein and presenting same.
(b) 
If any motor vehicle has not been claimed by the owner within fifteen (15) days after it has been impounded, it may be released to the mortgagee holding the first lien shown on the certificate of title upon the following conditions:
(1) 
Submission by such mortgagee of his records showing that the owner (mortgagor) is then delinquent in payments on the said lien not less than sixty (60) days;
(2) 
Submission by said mortgagee of an agreement duly sworn to, stating the delinquency and agreeing to indemnify the city in the original amount of said lien against all claims that may arise out of such release, such indemnity agreement to be executed by said mortgagee and a surety company authorized to do business in Texas. Such agreement shall be in form approved by the city attorney.
(c) 
Nothing herein shall prevent the release of any motor vehicle by any person upon the service of an order or judgment directing such release by a court of competent jurisdiction.
(Ordinance 628 adopted 5/10/1982; 1996 Code, sec. 13-36(5))
If an abandoned motor vehicle has not been reclaimed as provided by this article, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given one time in a newspaper of general circulation. 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. 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 notices and publication costs incurred. 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 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 628 adopted 5/10/1982; 1996 Code, sec. 13-36(6))