(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,
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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, passed 6-10-80; Am. Ord. 83-02, passed 2-8-83; Am. Ord. 83-13, passed 12-13-83)