The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means:
A motor vehicle that is inoperable and more than five years
old and left unattended on public property for more than 48 hours;
A motor vehicle that has remained illegally on public property
for a period of more than 48 hours;
A motor vehicle that has remained on private property, without
consent of the owner or person in charge of the property, for more
than 48 hours;
A motor vehicle left unattended on the right-of-way of a city
street or designated county, state or federal highway within the city
for more than 48 hours; or
A motor vehicle left unattended for more than 24 hours on the
right-of-way of a turnpike project constructed and maintained by the
state turnpike authority or a controlled access highway as defined
in V.T.C.A., Transportation Code § 541.302.
means a passenger car or truck that is at least 25 years
old.
means the owner of one or more antique or special interest
vehicles who collects, purchases, acquires, trades or disposes of
special interest or antique vehicles or parts of them for personal
use in order to restore, preserve and maintain an antique or special
interest vehicle for historic interest.
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 vehicle that is self-propelled and:
means a motor vehicle subject to registration under the Certificate
of Title Act, V.T.C.A., Transportation Code § 501.001 et seq.
means an outboard motor subject to registration under V.T.C.A.,
Parks and Wildlife Code § 31.001 et seq.
means a motor vehicle of any age that has not been altered
or modified from original manufacturer's specifications and, because
of its historic interest, is being preserved by hobbyists.
means a garage, parking lot or any type of facility or establishment
for the servicing, repairing, storing or parking of motor vehicles.
means a vessel subject to registration under V.T.C.A., Parks
and Wildlife Code § 31.001 et seq.
[Ord. No. 895-01, § I, 4-10-2001; Ord. No. 1014-05, § 14, 5-10-2005]
This article does not affect any law authorizing the immediate
removal, as an obstruction to traffic, of a vehicle left on public
property.
(a)
The
police department may take into custody an abandoned motor vehicle,
watercraft or outboard motor found on public or private property.
(b)
The
police department may employ its own personnel, equipment and facilities
or contract for other persons, equipment and facilities to remove,
preserve and store an abandoned motor vehicle, watercraft or outboard
motor it takes into custody.
(a)
Notice
required.
If the police department takes into custody
an abandoned motor vehicle, watercraft or outboard motor, it shall
notify, not later than the tenth day after taking the motor vehicle,
watercraft or outboard motor into custody, by certified mail, the
last known registered owner of the motor vehicle, watercraft or outboard
motor and all lienholders of record pursuant to the Certificate of
Title Act, V.T.C.A., Transportation Code § 501.001 et seq., or
V.T.C.A., Parks and Wildlife Code § 31.001 et seq., that the
vehicle, watercraft or outboard motor has been taken into custody.
(b)
Contents
of notice.
The notice under subsection (a) of this section must:
(1)
Be sent by certified mail not later than the tenth day after the
date the city or agency takes the abandoned motor vehicle, watercraft
or outboard motor into custody;
(2)
Specify the year, make, model and identification number of the item;
(3)
Give the location of the facility where the item is being held;
(c)
(d)
Failure
to reclaim item.
The consequences and effect of failure
to reclaim an abandoned motor vehicle, watercraft or outboard motor
are as set forth in a valid notice given under this section.
The city or the agent of the city that takes into custody an
abandoned motor vehicle, watercraft or outboard motor is entitled
to reasonable storage fees:
(1)
For
not more than ten days, beginning on the day the item is taken into
custody and ending on the day the required notice is mailed; and
(2)
Beginning
on the day after the day the agency mails notice and ending on the
day accrued charges are paid and the vehicle, watercraft or outboard
motor is removed.
A public auction as authorized by this division shall be preceded
by a notice published once in one newspaper of general circulation
in the county where the auction is to take place, at least three weeks
prior to the date of the auction, and in the case of a garagekeeper's
lien, the garagekeeper shall be notified by certified mail. The notice
shall describe the year, make, model and vehicle identification number
of the abandoned motor vehicle, and set forth the time and place of
the auction.
(a)
The
city shall be reimbursed from the proceeds of the sale of an abandoned
motor vehicle, watercraft or outboard motor under this division for:
(b)
After deducting the reimbursement allowed under subsection (a) of this section, the proceeds of the sale shall be held for 90 days for the owner or lienholder of the vehicle.
(c)
After the period provided by subsection (b) of this section, any proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage and notice and publication fees resulting from taking other vehicles, watercraft or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees.
(d)
The
city may transfer funds in excess of $1,000.00 from the account to
the city's general revenue account to be used by the police department.
(a)
If the police department takes an abandoned motor vehicle into custody that is not claimed under section 34-234, the police may use the vehicle for department purposes.
(b)
The
police department shall auction the vehicle as provided by this subdivision
if it discontinues use of the vehicle.
(c)
This
section does not apply to an abandoned vehicle on which there is a
garagekeeper's lien.
(d)
This
section does not apply to a vehicle that is removed to a privately
owned storage facility.
(a)
A motor
vehicle is considered an abandoned vehicle, and shall be reported
by the garagekeeper to the police department, if:
(1)
Left for more than ten days in a storage facility operated for commercial
purposes, after notice is given by registered or certified mail, return
receipt requested, to the last known registered owner of the vehicle
and to each lienholder of record of the vehicle under V.T.C.A., Transportation
Code § 501.001 et seq., to remove the vehicle. If such notice
is returned unclaimed by the post office, substituted notice is sufficient
if published in one newspaper of general circulation in the area where
the vehicle was left;
(2)
Left for more than ten days after the expiration of a period under
a contract pursuant to which the vehicle was to remain on the premises
of the storage facility; or
(3)
Left for more than ten days in a storage facility by someone other
than the registered owner or by a person authorized to have possession
of the motor vehicle under a contract of use, service, storage or
repair.
(b)
A garagekeeper
who fails to report the possession of an abandoned vehicle within
seven days after it becomes abandoned may not claim reimbursement
for storage of the vehicle.
(c)
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures provided by section 34-234, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee, as established by resolution of the city council and on file in the city secretary's office, shall accompany the report of the garagekeeper to the police department. The fee shall be retained by the police department and used to defray the cost of notification or other costs incurred in the disposition of an abandoned motor vehicle.
(a)
A garagekeeper
who acquires custody of a motor vehicle for a purpose other than repair
is entitled to towing, preservation and notification charges and reasonable
storage fees, in addition to storage fees earned under a contract,
for each day:
(1)
Not to exceed five days, until the notice described by subsection 34-240(a)(1) is mailed; and
(2)
After notice is mailed, until the vehicle is removed and all accrued
charges are paid.
(b)
A person
commits an offense if the person charges a storage fee for a period
for which the fee is not authorized by this section. Such offense
under this subsection is a misdemeanor punishable by a fine of not
less than $200.00 or more than $1,000.00.
Except for the termination or limitation of a claim for storage
for failure to report an abandoned motor vehicle to the police department,
nothing in this subdivision may be construed to impair any lien of
a garagekeeper under the laws of this state.
(a)
Vehicles
taken into custody by police.
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by section 34-234 shall be taken into custody by the police department and sold in the manner provided by section 34-236, or retained for use by the police department as provided in section 34-239. The proceeds of any sale shall first be applied to the garagekeeper's charges for servicing, storage and repair, but as compensation for the expenses incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10.00. If the gross proceeds are less than $10.00, the department shall retain the $10.00 to defray the expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with section 34-238.
(a)
A code enforcement officer of the city is hereby authorized, as an agent for the police department, to have a vehicle removed by a wrecker or tow truck company to the nearest place of safety or to the premises of such wrecker or tow truck company when the vehicle is an abandoned or junked vehicle, as defined in section 34-231 on private property or public property other than a public roadway.
(b)
This
subdivision is to be administered by the code enforcement officer,
his agents and employees, except that the removal of vehicles or parts
thereof from property may be by any other person duly authorized by
the code enforcement officer.
[Code 1984, ch. 10, § 28(P)(2); Ord. No. 828-97, § IV(4)(D), 12-9-1997]
The code enforcement officer, his agents and employees may enter
upon private property for the purposes specified in this division
to examine vehicles or parts thereof, obtain information as to the
identity of vehicles, and to remove or cause the removal of a vehicle
or parts thereof declared to be a nuisance pursuant to this division.
[Ord. No. 828-97, § IV(4)(E), 12-9-1997]
