(a) Notice requirements. When the police department takes into custody an abandoned vehicle, the department shall give notice to the owner and lienholders of the vehicle pursuant to V.A.C.S. Article 4477-9a, § 5.03 of the Texas Litter Abatement Act. Such notice shall be mailed to the last known registered owner and to any lienholders of record, and shall contain such information as is required under V.A.C.S. Article 4477-9a, § 5.03. It shall include a statement that the vehicle will be disposed of if the owner or lienholder does not exercise the right to reclaim the vehicle within 20 days of the date of the notice, according to the terms of V.A.C.S. Article 4477-9a, § 5.03. Such notice shall also state that the procedures for reclaiming the vehicle include the right to an administrative hearing and an appeal hearing on the issue of the propriety of the impoundment, which hearing, if requested, shall be held within 72 hours of the time of such request, exclusive of Saturday, Sunday and city holidays unless a later date, not later than five days after the request, is requested by a person entitled to notice. All requests made pursuant to this section must be in writing, delivered to the police department.
(b) Administrative hearing and appeal hearing. If a hearing is requested, the following procedure shall be followed:
(1) a. Within 72 hours of the impoundment (unless a later time has been requested by a person entitled to notice), the issue of the propriety of the impoundment shall be considered at an administrative hearing, which shall be presided over by a hearing officer designated by the police chief. If such hearing officer rules that the impoundment was improper, the vehicle shall be released, and no charges for the impoundment, preservation or storage of the vehicle shall be assessed.
b. If the person requesting the hearing is not satisfied with the ruling of the hearing officer on the issue of the propriety of the impoundment, that person shall have a right to an appeal hearing, according to subsection (b)(2) of this section, below.
(2) If an appeal hearing is requested, such hearing shall be held within 48 hours of the time of the administrative hearing, unless a later time is requested by the person entitled to notice. A municipal judge shall preside at the appeal hearing, at which time the issue of the propriety of the impoundment will be considered. If the municipal judge orders that the impoundment was improper, the vehicle shall be released immediately, and no charges for the impoundment, preservation or storage of the vehicle shall be assessed. If the municipal judge orders that the impoundment was proper, the vehicle shall be released only upon the payment of all charges for the impoundment, preservation and storage of the vehicle.
(c) Pre-hearing release. If the person requesting the hearing requests that the vehicle be released prior to the time of the hearing, upon the posting of a cash bond in the full amount of all impoundment, preservation and storage charges, the vehicle shall be released, pending the outcome of the hearing.
(d) Storage fees. The police department or agent of the police department that takes custody of a vehicle is entitled to reasonable storage fees for:
(1) A period of not more than ten days beginning on the day the department takes custody and continuing through the day the department mails notice as provided in this section; and
(2) For a period beginning on the day after the department mails notice and continuing through the day any accrued charges are paid and the vehicle removed.
(e) Sale or disposition of abandoned vehicles. Following compliance with the above procedures, an unclaimed vehicle may be sold at public auction or otherwise disposed of in accordance with provisions of the Texas Litter Abatement Act.
(Ord. 9852, § 7, passed 3-31-1987)