(a) 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 or other designated official with the provisions of this chapter, the Chief of Police or other designated official shall sell the same at public auction 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 or other designated official shall post two (2) notices thereof, one at the United States Post Office, Chico, Texas, and one at the entrance to the City Hall, and shall cause a copy thereof to be published in a newspaper published 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 or other designated official to submit to the Texas Department of Transportation, 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 the records of the department contained on said vehicle.
(2) Immediately upon receipt of such information from said department, the Chief of Police or other designated official 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 nondelivery of said registered mail, the Chief of Police or other designated official 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 said highway department shall constitute notice of the pending sale to such owner and lienholders.
(4) When the Chief of Police or other designated official 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) 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 or other designated official shall sell such property at public auction, and, as city auctioneer, shall execute 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) 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 or other designated official, 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) 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 or other designated official and upon satisfactory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the city general fund.
(g) 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.
(Am. Ord. 8-2005-1, passed 8-2-05)