(A) Sale. When any personal property, other than a motor vehicle, is not redeemed within 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 with the provisions of this chapter, the Chief of Police shall sell the same at public auction to satisfy the lien of the municipality.
(B) Procedures for sale of property other than motor vehicles.
(1) Before selling such personal property, other than motor vehicles, the Chief of Police shall post two notices thereof, one at the United States Post Office, and one at the entrance to the Municipal Hall, and shall cause a copy thereof to be published in a newspaper published in the municipality once a week for two consecutive weeks, the date of the first publication to be at least 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 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 30 days from the date of its impounding, it shall be the duty of the Chief of Police 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 the department supply to him or her all information the records of the department contained on the vehicle.
(2) Immediately upon receipt of such information from the Department, the Chief of Police shall notify the owner and lienholders as shown by the records of the Department by registered mail with return receipt requested that the 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 15 days from receipt of the return receipt or notice of nondelivery of registered mail, the Chief of Police shall prepare a notice of sale of such vehicle, in the manner described in division (B)(2) above, and shall send a copy of the notice to owner and lienholders, as shown by the records and advertise the notices in the manner required in division (B)(1) above. Notice by registered mail to the address shown on the records of the Department of Transportation shall constitute notice of the pending sale to such owner and lienholders.
(4) When the Chief of Police is unable to ascertain the names of the owner and lienholders, and the motor vehicle has not been redeemed with 45 days from its impounding, no notice of sale other than posting and advertising as herein prescribed shall be required.
(D) Public auction. 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 shall sell such property at public auction, and, as auctioneer, shall execute bill of sale of the property to the purchaser thereof. He or she shall not execute or deliver any but a conditional bill of sale unless and until the title of the buyer has become absolute by an expiration of 30 days, exclusive of the date of sale, without being redeemed by the owner of the impounded property.
(E) Disposition of proceeds.
(1) After deducting the impounding fee and all other actual expenses incurred by the municipality in impounding, storing, and selling of the property, as determined by the Chief of Police, not to exceed a reasonable amount for each impounded article, he or shall pay the balance of the proceeds of such sale, if any, to the owner of the property.
(2) If the owner fails to call for such proceeds, they shall be paid into the general fund. Within six months after such auction sale, the owner may apply in writing to the Chief of Police and upon satisfactory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the general fund.
(F) Junk property. 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.