§ 34-98. Disposition of abandoned vehicles.

(a)

If an abandoned motor vehicle, aircraft, watercraft or outboard motor has been taken into custody and has not been claimed as provided by this article, the police department may sell the vehicle at public auction, transfer the item, if a watercraft as provided by V.T.C.A., Transportation Code § 683.014(d), or use the item as provided by V.T.C.A., Transportation Code § 683.016.

(b)

Proper notice of the auction shall be given as follows:

(1)

If a vehicle being auctioned is encumbered with a garagekeeper's lien, the garagekeeper shall be notified of the time and the place of the auction; and

(2)

Proper notice of the auction shall consist of a single publication in a newspaper of general circulation in the area where the vehicle was abandoned and shall include the following information:

a.

The time, date and place of the auction;

b.

A description of the year, make, model of the vehicle; and

c.

The vehicle identification number, if known.

(c)

The purchaser at auction shall receive a sales receipt from the police department.

(d)

From the proceeds of the sale of an abandoned motor vehicle, aircraft, watercraft or outboard motor, the police department shall reimburse itself for the following:

(1)

Expenses of the auction;

(2)

Towing, preserving and storing fees resulting from taking the item into custody; and

(3)

All notice and publication costs.

(e)

If the vehicle is a commercial motor vehicle impounded under V.T.C.A., Transportation Code § 644.153(q), the state department of public safety is entitled from the proceeds of the sale to an amount equal to the amount of the delinquent administrative penalty and costs.

(f)

Any remainder from the proceeds of the sale shall be held for 90 days and for the benefit of the owner or lienholder. After the expiration of 90 days, any remainder from the proceeds of the sale shall be deposited in a special fund for the payment of auction, towing, preservation storage, notice and publication costs resulting from taking other vehicles, aircraft, watercraft or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those costs.

(g)

Any amounts in the special fund exceeding $1,000.00 shall be transferred to the city general revenue account for use by the police department, subject to the right of transfer to compensate property owners whose property was damaged as a result of a pursuit involving the police department or a federal law enforcement agency pursuant to V.T.C.A., Transportation Code § 683.15(f) and (g).

(Code 1967, § 18-88; Ord. No. 6531, § 5, 2-11-93; Ord. No. 12,948 , § 5, 8-27-15)