For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE.
A motor vehicle that is inoperable and over eight years old and is 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 any designated roadway within this city in excess of 48 hours.
ANTIQUE AUTO.
Passenger cars or trucks which become 35 or more years old.
COLLECTOR.
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 from his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
JUNKED VEHICLE.
Any motor vehicle as defined in Tex. Rev. Civ. Stat., Art. 6701d-11, § 1, as amended, which is wrecked, dismantled, partially dismantled, or discarded.
MOTOR VEHICLE.
Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
SPECIAL INTEREST VEHICLE.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.
(Ord. 80-04, 6-10-1980)
(A) 
When a vehicle has been determined to be abandoned, a notice shall be securely affixed to the windshield or other conspicuous place stating the following information:
(1) 
The name and phone number of the agency (City Police Department);
(2) 
“WARNING” or “NOTICE”; This vehicle may be impounded if it is not removed within 48 hours.
(3) 
Date and time the notice is affixed to the vehicle;
(4) 
Vehicle description (license plate or vehicle identification number, make, and model);
(5) 
Name and badge number of officer affixing the notice.
(B) 
If, at the end of the 48-hour period, the vehicle has not been removed, the Chief of Police shall remove and store the vehicle.
(C) 
The Chief of Police shall notify within 10 days thereof, by registered or certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lien holders of record pursuant to the Litter Abatement Act, as amended (Texas Transportation Code, § 683.012) that the vehicle has been taken into custody. The notice shall describe the year, model, make, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle within 20 days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody. Further, the notice shall state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(D) 
If the identity of the last registered owner cannot be determined, or 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 lien holders, notice by one publication in one newspaper of general circulation in the city shall be sufficient to meet all requirements of notice pursuant to this section. Such notice by publication can contain multiple listings of abandoned vehicles. Any such notice shall be within the time requirements prescribed for notice by registered certified mail and shall have the same contents required for a notice by registered or certified mail.
(E) 
The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section.
(Ord. 80-04, 6-10-1980; Ord. 83-02, 2-8-1983; Ord. 83-13, 12-13-1983)
If an abandoned motor vehicle has not been reclaimed as provided for in this subchapter, the Chief of Police shall sell the abandoned motor vehicle at a public auction. Proper notice shall be given of the public auction, and of the time and place of such auction. The purchaser of the motor vehicle shall take 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 shall be 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 which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs which result from placing other abandoned motor vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs.
(Ord. 80-04, 6-10-1980)