§ 26-98. Auction procedure.

(a)

If an abandoned motor vehicle has not been reclaimed within 20 days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given and, in the event a vehicle is to be sold in satisfaction of a garagekeeper's lien, the garagekeeper shall be notified of the time and place of such auction. Notice given in accordance with V.T.C.A., Transportation Code § 683.014 and the requirements of this Code, or the giving of the notice of the sale of other types of abandoned property, shall be sufficient to comply with the requirements of this section.

(b)

The police department shall furnish a sales receipt for each vehicle to the purchaser thereof at the public auction. The proceeds shall be applied first to reimburse the police department for the expenses of the auction, costs of towing, preserving and storing the vehicle, and all notice and publication costs, and any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for 90 days. After the 90 days, the funds shall be deposited in the special fund which shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs.

(Code 1982, § 16-49; Ord. No. 76-8, § 5, 6-7-1976)

State law reference

Disposal of abandoned vehicle, auction, V.T.C.A., Transportation Code § 683.014; auction proceeds, V.T.C.A., Transportation Code § 683.015.