§ 23-39. Notification of owner and lien holders.

(a)

When the city takes into custody an abandoned motor vehicle, it shall notify not later than the 10th 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, (Article 6687-1, Vernon's Texas Civil Statutes), or Chapter 31, Parks and Wildlife Code, that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges if notice is under section 23-41 of this Code. 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 abandoned motor 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 address 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 section. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail.

(c)

The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section.

(d)

The city or its agent of the police department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for:

(1)

A period of not more than ten (10) days beginning on the day that the city takes custody and continuing through the day the city mails notice as provided by this section; and

(2)

A period beginning on the day after the day the city mails notice and continuing through the day any accrued charges are paid and the vehicle is removed.

(e)

If an abandoned motor vehicle has not been reclaimed as provided by this section, the city may use that vehicle for police department purposes as provided by this section.

(f)

The city may use the abandoned motor vehicle for the police department purposes as long as the city considers it cost-effective. If the city discontinues use of the abandoned motor vehicle, the city shall auction the vehicle as provided by section 23-40 of this Code.

(g)

This section does not apply to an abandoned motor vehicle with a garagekeeper's lien.

(Ord. No. 92-89, § 2, 10-22-92)

State law reference

Similar provisions, Vernon's Ann. Civ. St. art. 6687-9, § 4; Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1.