Ord 1988-092 - Laserfiche WebLink

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-3- PART 3. That Division 3, Abandoned Motor Vehicles, shall be added to Article II of Chapter 16 of the Code of Ordinances as follows: ARTICLE II. ABANDONED PROPERTY . . . DIVISION 3. ABANDONED MOTOR VEHICLES Sec. 16-34. Abandonment of motor vehicles prohibited. No person shall abandon any motor vehicle within the City, and no person shall leave any motor vehicle at any place within the City under such circumstances as to cause such motor vehicle reasonably to appear to have been abandoned, and under no circumstances, for longer than forty-eight (48) consecutive hours. Sec. 16-35. Authority to vehicles. take possession of abandoned motor (a) The Chief of Police or his designee is hereby authorized to take into custody or have taken into custody any and all abandoned motor vehicles found on public or private property and remove the same to the police pound or any other place of impoundment designated by the City Manager. (b) A person in possession of an abandoned vehicle that was authorized to be towed or otherwise taken into custody and that is more than eight years old and has no engine or is otherwise totally inoperable may, on affidavit of that fact and approval of the Chief of Police or his designee, apply to the State Department of Highways and Public Transportation for a certificate of authority to dispose of the vehicle to a demolisher for demolition, wrecking, or dismantling only. Se c. 16 - 36 . Certification of abandonment. The police department of the City shall certify the abandonment of motor vehicles by completing an incident report which shall identify the property abandoned, and a tag or other form of identification shall be securely fastened to such motor vehicles. The incident report shall be prima facie evidence in any court that the property is abandoned. Sec. 16-37. Notification of owner and lienholders. (a) The police department, after taking into custody an abandoned motor vehicle, shall notify not later than the 10th day after takinq the motor vehicle into custody, by certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (Article 6687-1, V.T.C.S.) or Chapter 31, Parks and Wildlife Code, V.T.C.A., 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 lienholders 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 16-39. The notice shall also state that the failure of the owner or lienholders 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.