(A) The city is authorized to take into custody any abandoned motor vehicle found on public or private property.
(B) The city or its duly appointed agent shall notify within 10 days by certified mail, return receipt requested, the last known registered owner and all lienholders of record that it has taken into custody an abandoned motor vehicle. The notice shall be as prescribed by Tex. Trans. Code, § 683.012, as amended, for abandoned motor vehicles. The notice shall specifically state, in addition to the other requirements, that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and lienholders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction to be held by the city.
(C) (1) If an abandoned motor vehicle has not been reclaimed within 20 days after the date of notice and payment of all towing, preservation, and storage charges resulting from its impoundment, the city shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and, in the event a vehicle is to be sold in satisfaction of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. Notice given in accordance with the requirements of this code, or the giving of notice of the sale of other types of abandoned property, shall be sufficient to comply with the requirements of this section.
(2) The city shall furnish a sales receipt for each vehicle to the purchaser thereof at the public auction. The proceeds shall be applied first to reimburse the city for the expenses of the auction, costs of towing, preserving, and storing the vehicle, and all notice and publication costs, and any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for 90 days, and then shall be deposited in the special fund which shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of those other abandoned motor vehicles are insufficient to meet these expenses and costs.
(D) The city is authorized to apply to the State Highway Department for authority to sell, give away, or dispose of any abandoned vehicle in its possession to a demolisher in accordance with the provisions of Tex. Trans. Code, § 683.051, as amended.
(Ord. 193, passed 6-3-1975)