§ 34-97. Removal of abandoned vehicles.

(a)

The chief of police may take into custody any abandoned motor vehicle, aircraft, watercraft, or outboard motor found on public or private property within the corporate limits of the city by causing the removal of such vehicle to the police impound lot or other appropriate facility designated by the chief of police.

(b)

Upon taking an abandoned motor vehicle into custody, the chief of police shall send notice of abandonment to:

(1)

The last known registered owner of the abandoned motor vehicle, aircraft, watercraft or outboard motor, and

(2)

Each lienholder recorded:

a.

Under Chapter 501 for the motor vehicle;

b.

With the Federal Aviation Administration or the Secretary of State for the aircraft; or

c.

Under V.T.C.A., Parks and Wildlife Code ch. 31 for the watercraft.

(c)

The chief of police that takes into custody an aircraft shall contact the Federal Aviation Administration in the manner described by V.T.C.A., Transportation Code § 22.901 to attempt to identify the owner of the aircraft before sending notice required by subsection (b) of this section.

(d)

The notice required by subsection (b) of this section must:

(1)

Be sent by certified mail not later than the tenth day after:

a.

Taking the motor vehicle, aircraft, watercraft or outboard motor into custody, or

b.

Receiving the report under V.T.C.A., Transportation Code § 683.031.

(2)

Specify the year, make, model and vehicle identification number of the item;

(3)

Give the location of the facility where the motor vehicle is being held;

(4)

Inform the owner and lienholders of their right to reclaim the item not later than the twentieth day after the date of the notice upon payment of:

a.

Towing, preservation and storage charges; or

b.

Garagekeeper's charges and fees under, V.T.C.A., Transportation Code 683.032 and, if the vehicle is a commercial motor vehicle impounded under V.T.C.A., Transportation Code 644.153(q), the delinquent administrative penalty and costs; and

(5)

State that the owner's or lienholder's failure to claim the item the time period specified by subsection (d)(4) constitutes a waiver of all right, title and interest in the item and constitutes their consent to the sale of the item at a public auction.

(e)

If (i) the identity or address of the last registered owner of the item cannot be determined, (ii) the registration has no address for the owner, or (iii) the determination with reasonable certainty of the identity and address of all lienholders is impossible, notice shall be given by publication in one newspaper of general circulation in the area where the motor vehicle, aircraft, watercraft or outboard motor was abandoned shall be sufficient. Notice by publication:

(1)

Must be published in the same period that is required by subsection (d) for notice by certified mail;

(2)

Must contain all of the information required by subsection (d);

(3)

Must have the same contents required for a notice by certified mail; and

(4)

May contain a list of more than one abandoned motor vehicle, aircraft, watercraft or outboard motor.

(f)

The police department is not required to send a notice, as otherwise required by subsection (b) of this section, if the police department has received notice from a vehicle storage facility that an application has or will be submitted to the state department of motor vehicles for the disposal of the vehicle.

(g)

In addition to the notice required under subsection (a), if the police department takes an abandoned motor vehicle into custody, the police department shall notify a person that files a theft report or similar report prepared by any law enforcement agency for the vehicle of that fact. The notice must be sent by regular mail on the next business day after the police department takes the vehicle into custody. The police department shall also provide the name and address of the person that filed the theft report or similar report to the vehicle storage facility or governmental vehicle storage facility that is storing the vehicle.

(h)

This section does not affect a law authorizing the immediate removal of a vehicle left on public property that is an obstruction to traffic.

(Code 1967, § 18-87; Ord. No. 6531, § 4, 2-11-93; Ord. No. 12,948 , § 4, 8-27-15)

State law reference

Abandoned vehicles, V.T.C.A., Transportation Code § 683.001 et seq.