CHAPTER 93: JUNKED AND ABANDONED VEHICLES AND PROPERTY

Section
General Provisions
93.01 Title
93.02 State Litter Abatement Act adopted
93.03 Right of entry; court orders

Junked Vehicles; Nuisance
93.15 Visible storage of junked vehicles prohibited
93.16 Notice to abate
93.17 Nuisance
93.18 Complaint
93.19 Hearing prior to removal
93.20 Hearing officer

Impounded Vehicles and Property; Disposal
93.30 Disposal of junked vehicles
93.31 Repair prohibited
93.32 Vehicle impoundment grounds
93.33 Vehicle sale procedure
93.34 Lien on impounded property
93.35 Redemption of property other than vehicles
93.36 Auction of unredeemed property
93.37 Property sale procedure
93.38 Execution of bill of sale
93.39 Disposal of unsold property
93.40 Records; fees
Cross-reference:
Nuisance Abatement, see §§ 92.15 et seq.

GENERAL PROVISIONS

§ 93.01 TITLE.
This chapter shall be known as the junked or abandoned motor vehicle abandoned personal property
code.
(Prior Code, § 16-41)

§ 93.02 STATE LITTER ABATEMENT ACT ADOPTED.
(A) All provisions of the State Litter Abatement Act are hereby expressly incorporated into this chapter and adopted.

(B) All references to the State Litter Abatement Act shall mean Tex. Health & Safety Code, Chapter
365, and all amendments thereto.
(Prior Code, § 16-42)

§ 93.03 RIGHT OF ENTRY; COURT ORDERS.
Any person authorized by the city to administer the provisions of this chapter may enter upon private
property for the purposes specified in this chapter to examine vehicles or parts thereof, obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. The Municipal Court shall have the authority to issue all orders necessary to enforce the procedures in this chapter.
(Prior Code, § 16-43)
Statutory reference:
Similar provisions, see Tex. Trans. Code, § 683.074

JUNKED VEHICLES; NUISANCE

§ 93.15 VISIBLE STORAGE OF JUNKED VEHICLES PROHIBITED.
It shall be unlawful for any person to park, store, or leave, or to permit the parking, storing, or leaving,
of any licensed motor vehicle of any kind, or parts thereof, which is in a wrecked, junked, or partially
dismantled, inoperative, abandoned, or discarded condition, in any place where it is visible from a public place or public right-of-way, within the city limits, for a period of time in excess of ten days. A vehicle or parts thereof can be completely enclosed within a building or storage area in connection with a used car or junk area, lawfully established pursuant to the zoning regulations of the city, and when not in violation of any other provision of this code or other ordinance of the city, or when the motor vehicle is retained by the owner for antique collection purposes, or when the vehicle is a special interest vehicle and which is not a junked vehicle within the meaning of the State Litter Abatement Act.
(Prior Code, § 16-44) Penalty, see § 10.99

§ 93.16 NOTICE TO ABATE.
Prior to the removal or abatement of an abandoned or junked vehicle, the owner or the occupant of
the premises whereupon public view thereof exists shall be notified by certified or registered mail, within
five days, return receipt requested, that a public nuisance exists and that the public nuisance must be
removed and abated within ten days. If notice is returned undelivered by the U.S. Postal Service, official action to abate the nuisance shall be continued not less than ten days from the date of the return.
(Prior Code, § 16-45)

§ 93.17 NUISANCE.
Junked vehicles as defined and referred to in the State Litter Abatement Act are hereby declared to
be a public nuisance.
(Prior Code, § 16-46) Penalty, see § 10.99
Statutory reference:
Junked vehicles as public nuisance, see Tex. Trans. Code, §§ 683.071 - 683.073

§ 93.18 COMPLAINT.
A complaint may be filed in the Municipal Court of the city for a violation of § 93.15 of this code as
being a public nuisance if the nuisance is not removed or abated, and a hearing is not requested, within the ten-day period provided in that section. Any person found guilty of a violation thereof shall be punished in accordance with § 10.99 of this code, and the Court shall order removal and abatement of the nuisance.
(Prior Code, § 16-47)

§ 93.19 HEARING PRIOR TO REMOVAL.
A public hearing prior to the removal of a vehicle or part thereof as a public nuisance shall be held before the City Council or any other board, commission, or official of the city as designated by the Council, when a hearing is requested by the owner or the occupant of the premises on which the vehicle is located within ten days after service of notice to abate the nuisance. Any resolution or order requiring the removal of the vehicle or part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available at the site.
(Prior Code, § 16-48)

§ 93.20 HEARING OFFICER.
The City Council hereby appoints the City Manager or his or her designee as the hearing officer in cases involving vehicles removed as a public nuisance.
(Res. 02-02, passed 3-11-2002)

IMPOUNDED VEHICLES AND PROPERTY; DISPOSAL

§ 93.30 DISPOSAL OF JUNKED VEHICLES.
Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolisher, or any
suitable site operated by the city, for processing as scrap or salvage. The city may operate a disposal site when the City Council determines that commercial channels of disposition are not available or are
inadequate, and it may make final disposition of a vehicle or parts, or the city may transfer the vehicle or
parts to another disposal site, provided that disposal shall be only as scrap or salvage.
(Prior Code, § 16-49)
Statutory reference:
Similar provisions, see Tex. Trans. Code, §§ 683.074 and 683.078

§ 93.31 REPAIR PROHIBITED.
After a vehicle has been removed in accordance with §§ 93.19 or 93.30 of this code, it shall not be
reconstructed or made operable.
(Prior Code, § 16-50) Penalty, see § 10.99
Statutory reference:
Similar provisions, see Tex. Trans. Code, §§ 683.074 and 683.078

§ 93.32 VEHICLE IMPOUNDMENT GROUNDS.
Any vehicle which shall be or remain standing or parked upon any public street, avenue, way, alley,
or other public place may be removed by or upon order of the Chief of Police, and placed in storage in a privately operated garage or other place designated by or maintained by the city, under the following
circumstances:

(A) When a report has been previously made that the vehicle has been stolen or a complaint has been
filed and a warrant issued thereon, charging that the vehicle has been stolen or converted in violation of
law;

(B) When any police officer of the city has reasonable grounds to believe that any vehicle has been
abandoned;

(C) When a police officer arrests any person driving or in control of a vehicle for an alleged offense
and that officer is or may be required by law to take the person arrested immediately before a magistrate, or if the arrested person is immediately taken before a magistrate, is the sole occupant or the owner of the vehicle, and is immediately placed in custody;

(D) When a vehicle is so disabled that its normal operation is impossible or impractical and the persons in charge of the vehicle are incapacitated by reason of physical injury or other causes to such an extent as to be unable to provide for its removal or custody, or cannot be found or are not in the immediate vicinity of the vehicle;

(E) When the vehicle is left unattended upon any bridge, street, viaduct, or causeway and constitutes an obstruction to traffic;

(F) When any vehicle is illegally parked so as to block the entrance of any private driveway and it is impractical to move the vehicle from in front of the driveway to any other point on the highway;

(G) When any vehicle constitutes a hazard or interferes with a normal function of a governmental agency, or by reason of a catastrophe, emergency, or unusual circumstance the safety of the vehicle is imperiled; or

(H) When any vehicle is left standing or parked unattended for more than 48 hours in violation of any
applicable section of this code, state law, or city ordinance, or rule or regulation; provided, however, that in the event a vehicle is parked or standing immediately in front of or immediately adjacent to property owned by the owner of the vehicle, or property rented by the owner, before the vehicle shall be removed the owner thereof shall be given written notice after the expiration of the 48-hour period and shall be given 24 hours from receipt of that notice to remove or cause to be removed the vehicle. This written notice may be given by depositing the same in the U.S. mail, addressed to the owner at the address given on the registration receipt of the vehicle, or his or her last known address, or may be delivered to the owner personally.
(Prior Code, § 16-51)
Statutory reference:
Authority of city to regulate stopping, standing, and parking, see Tex. Trans. Code, §§ 542.202 and 542.203
Similar provisions, see Tex. Trans. Code, §§ 545.305 and 545.306

§ 93.33 VEHICLE SALE PROCEDURE.
(A) When an abandoned motor vehicle, or a vehicle in violation of § 93.32 of this code, is taken into
custody, the Police Department shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lien holders of record pursuant to the Certificate of Title Act (Tex. Trans. Code, Chapter 501) that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the motor vehicle, set forth the location of the facility where the vehicle is being held, inform the owner and any lien holders of their right to reclaim the vehicle, not later than the twentieth day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody. The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title, and interest in the vehicle and their consent to the sale of the vehicle at a public auction.

(B) If the identity of the last registered owner cannot be determined, 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 area where the motor vehicle was abandoned is sufficient notice under this chapter. The notice by publication may contain multiple listing of abandoned vehicles, shall be published within the time requirement prescribed for notice by certified mail, and shall have the same contents required for notice by certified mail.

(C) If an abandoned motor vehicle, or a vehicle in violation of § 93.32 of this code, has not been
reclaimed as provided by division (A) of this section, the Police Department shall sell the vehicle at a
public auction. Proper notice of the auction shall be given. The purchaser of the vehicle shall receive a
sales receipt from the Police Department. From the proceeds of the sale of an abandoned motor vehicle, the Police Department shall reimburse itself for the expenses of the auction, the costs of towing,
preserving, and storing the vehicle that resulted from placing it in custody, and all notice and publication
costs incurred under this chapter. Any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in a special fund that shall remain available from the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing another abandoned motor vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs.
(Prior Code, § 16-52)
Statutory reference:
Similar provisions, see Tex. Trans. Code, §§ 683.012 - 683.015

§ 93.34 LIEN ON IMPOUNDED PROPERTY.
The city shall have a lien on personal property impounded under this chapter for all costs incurred in
impounding, storing, and advertising that property, and this lien shall be prior and superior to all other liens of every kind, except liens for ad valorem taxes; the city may retain possession thereof as provided in this chapter until all costs are paid and may sell the same as provided in this chapter. All sales of this type shall be made in accordance with the sale requirements set forth in the State Litter Abatement Act.
(Prior Code, § 16-53)

§ 93.35 REDEMPTION OF PROPERTY OTHER THAN VEHICLES.
The owner or any person legally entitled to possession of impounded personal property other than
motor vehicles under this chapter may redeem the same as follows:

(A) The property may be redeemed before the sale by paying to the Chief of Police the impounding
fee and any other actual expenses incurred by the city in impounding and keeping the impounded property, as determined by the Chief of Police.

(B) The property may be redeemed after the sale by paying to the buyer at the auction sale double the
amount paid by him or her for that personal property and any reasonable expenses incurred by him or her for keeping same; provided that the property must be redeemed from the auction buyer within 30 days after the date of the auction sale, excluding the date of sale; otherwise, title to the property shall become absolute in the auction buyer.
(Prior Code, § 16-54)

§ 93.36 AUCTION OF UNREDEEMED PROPERTY.
When any personal property other than motor vehicles is not redeemed after compliance by the Chief
of Police with the provisions of the State Litter Abatement Act, the Chief of Police shall sell the same at
public auction to satisfy the lien of the city.
(Prior Code, § 16-55)
Statutory reference:
Auction of abandoned motor vehicles, see Tex. Trans. Code, §§ 683.014 and 683.015

§ 93.37 PROPERTY SALE PROCEDURE.
Before selling personal property under the provisions of § 93.36 of this code, the Chief of Police shall
post two notices thereof, one at the door of the county courthouse and one at the City Hall, in the city, and he or she shall cause a copy thereof to be published in a daily newspaper published in the city 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. The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will 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 nor more than 30 days from the date of posting those notices as herein required. If the name and address of the owner of the personal property is known, notice shall be sent to the owner as in the sale of a motor vehicle hereunder.
(Prior Code, § 16-56)

§ 93.38 EXECUTION OF BILL OF SALE.
At a public auction of property sold under the provisions of this chapter, the Chief of Police shall, as
city auctioneer, execute the bill of sale of that property to the purchaser thereof; provided, he or she shall not execute or deliver any but a conditional bill of sale unless and until the title of that buyer has become absolute by an expiration of 30 days in time, exclusive of the day of sale, without being redeemed by the owner of the impounded property.
(Prior Code, § 16-57)

§ 93.39 DISPOSAL OF UNSOLD PROPERTY.
Impounded property which is offered for sale at public auction in accordance with the procedure
prescribed in this chapter, 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 sale under this chapter. Disposal of all junked vehicles shall be in accordance with the provisions of the State Litter Abatement Act.
(Prior Code, § 16-58)
Statutory reference:
Disposal of junked vehicles, see Tex. Trans. Code, §§ 683.074 and 683.078

§ 93.40 RECORDS; FEES.
(A) The Chief of Police shall keep a record book which shall contain:

(1) A description of all property impounded;

(2) The date and time of the impounding;

(3) The date notices of sale were posted and advertised and mailed to owners and lien holders;

(4) The return of receipts of registered notices;

(5) The date of the sale at auction;

(6) The amount realized from the article at that sale;

(7) The name and address of the owner and lien holders, if known;

(8) The name and address of the auction buyer; and

(9) Other information as he or she may deem necessary.

(B) The fees adopted from time to time by the City Council shall be charged under this chapter and
shall be paid into the city treasury. In addition to those fees, the city shall charge for the reimbursement
of all other costs as a result of the impounding of property and the sale of that property.
(Prior Code, § 16-59) (Ord. 15-40, passed - - ; Am. Ord. 15-120, passed - - )