ABANDONED PROPERTY
§ 94.01 ABANDONED PROPERTY DECLARED NUISANCE; IMPOUNDMENT
AUTHORIZED.
Any personal property other
than motor vehicles, motor drawn trailers or animals, coming into the possession of the
city and determined thereupon or thereafter as being stolen property and whose lawful
owner cannot be determined or whose lawful determined owner fails to claim the same is
herewith defined as RECOVERED PROPERTY and is herewith
further declared to be a nuisance and shall be placed in the police pound for disposition
as provided for in this subchapter. Any such personal property, exclusive of
motor vehicles, motor drawn trailers, or animals, placed, left standing or erected in
violation of any provision of this code or other ordinance of the city or left unattended
for more than 48 continuous hours in or on any public street, alley, sidewalk, park, or
other public place of the city, is herewith defined as ABANDONED PROPERTY
and declared to be a nuisance and any such property when so found shall be removed
summarily by any police officer of the city and taken to the police pound for disposition
as provided for in this subchapter.
('73 Code, § 18-49) (Ord. 59-5, passed 3-4-59) Penalty, see § 94.99
§ 94.02 LIEN ON IMPOUNDED PROPERTY.
The city shall
have a lien on impounded personal property under the provisions of this subchapter for all
costs incurred in impounding, storing, determining owner of, and advertising such property
and such lien shall be prior and superior to all other liens of every kind, save and
except liens for ad valorem taxes, and the city may retain possession thereof until all
costs are paid and may sell the same as provided in this subchapter.
('73 Code, § 18-50) (Ord. 59-5, passed 3-4-59)
§ 94.03 DETERMINATION OF OWNER; NOTIFICATION.
The Police
Department of the city shall conduct routine inquiry to determine the lawful owner of any
impounded personal property under the provisions of this subchapter, and in the event such
owner be determined, he shall forthwith be notified of the impounding of such property and
be advised of his rights of redemption and procedure of redemption as provided for in this
subchapter.
('73 Code, § 18-51) (Ord. 59-5, passed 3-4-59)
§ 94.04 UNREDEEMED PROPERTY TO BE SOLD AT PUBLIC AUCTION; NOTICE.
(A) When
any impounded personal property under the provisions of this subchapter is not redeemed
within 60 days after being impounded, the purchasing agent of the city shall sell the same
at public auction to satisfy the lien of the city.
('73 Code, § 18-52)
(B) Before selling impounded
personal property as provided by this subchapter, the purchasing agent shall post notice
thereof on the bulletin board in the lobby of the City Hall, and 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
date 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 from the date of posting such notices as herein required.
('73 Code, § 18-53) (Ord. 59-5, passed 3-4-59)
§ 94.05 SALE OF PROPERTY; CONDITIONAL BILL OF SALE.
When any
impounded personal property under the provisions of this subchapter is not redeemed by the
date and time designated is such notice of sale, the purchasing agent shall sell such
property at public auction, and, as city auctioneer, shall execute a bill of sale of the
property to the purchaser thereof; provided, he shall not execute or deliver any but a
conditional bill of sale unless and until the title of the 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.
('73 Code, § 18-54) (Ord. 59-5, passed 3-4-59)
§ 94.06 DISPOSITION OF PROCEEDS OF SALE.
After deducting
the impounding fee and all other actual expenses incurred by the city in impounding,
storing, and selling of the abandoned property under the provisions of this subchapter, as
determined by the Chief of Police, not to exceed a reasonable amount for each
impounded article, the purchasing agent shall pay the balance of the proceeds of such
sale, if any, to the owner of the property. If the owner fails to call for such
proceeds they shall be paid into the city treasury. Within six months after such
auction sale, the owner may apply in writing to the Chief of Police, and upon satisfactory
proof of ownership, shall be entitled to receive the amount of the proceeds delivered to
the city treasury.
('73 Code, § 18-55) (Ord. 59-5, passed 3-4-59)
§ 94.07 DISPOSAL AS JUNK WHEN NOT SOLD.
Impounded
property which is offered for sale at public auction in accordance with the procedure
prescribed in this subchapter 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 subchapter.
('73 Code, § 18-56) (Ord. 59-5, passed 3-4-59)
§ 94.08 REDEMPTION.
The owner or any
person legally entitled to possession of impounded personal property under the provisions
of this subchapter may redeem the same as follows:
(A) Before sale, by paying
the Chief of Police the impounding fee and any other actual expenses incurred by the city
in impounding, determining the owner, and keeping the impounded property, as determined by
the Chief of Police.
(B) After sale, by paying to
the buyer at the action sale, double the amount paid by him for such personal property and
any reasonable expenses incurred by him for keeping the 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
action buyer.
('73 Code, § 18-57) (Ord. 59-5, passed 3-4-59)
§ 94.09 RECORDS AND FEES.
(A) The
Chief of Police and purchasing agent shall keep a record book which shall contain: a
description of all property impounded under the provisions of this subchapter, the date
and time of such impounding, the date notices of sale were posted and advertised and
mailed to owners and lienholders, the return receipts of registered notices, the date of
the sale at auction, the amount realized for each such article at such sale, the name and
address of the owner and lienholders, if known, the name and address of the auction buyer,
and any such other information as he may deem necessary.
(B) The following fees shall
be charged under this subchapter and shall be paid into the city treasury:
(1) For taking and impounding any personal property -
$2.50
(2) For preparing advertisements of sale for each
article - $0.50
(3) For selling each article - $0.50
(4)
For posting notices of sale relating to any one article - $0.50
('73 Code, § 18-58) (Ord. 59-5, passed 3-4-59)
SURPLUS PERSONAL PROPERTY
§ 94.20 DEFINED.
As used in this
subchapter, the term SURPLUS PERSONAL PROPERTY shall mean any tangible property other than
real estate with a historical cost of $50 or more owned by the city and which the Elective
Commission has determined is obsolete, fully depreciated, worn out, in need of
replacement, in excess supply, or otherwise of no use to the city.
('73 Code, § 18-231) (Ord. 85-35, passed 5-15-85)
§ 94.21 PROCEDURE FOR DISPOSITION; NOTICE
No surplus
personal property of the city shall be disposed of except in accordance with the
provisions of this subchapter. Any item or items of surplus personal property
proposed to be disposed of shall be fully described as to quantity and quality and shall
be submitted to the Elective Commission no less than one week prior to any meeting at
which said Commission is to consider disposing of same in accordance with the provisions
of this subchapter. When a determination has been made by the Elective Commission
that any one or more item of personal owned by the city constitutes surplus personal
property as herein defined, said surplus property shall be offered for sale to the general
public by publishing in a newspaper of general circulation in the city, a notice
describing said property and the procedures under which sealed bids to purchase the same
may be submitted, or said notice shall state the date, time, location, and procedures
under which a public auction offering the same for sale to shall be conducted.
Notice shall be given by publication at least on two separate occasions and no award of
bid or auction shall be held less than 14 days after the last notice is published.
('73 Code, § 18-232) (Ord.85-35, passed 5-15-85) Penalty, see § 94.99
§ 94.22 APPLICATION OF PROVISIONS TO DISPOSAL OF STOLEN PROPERTY.
The provisions of
this subchapter do not apply to abandoned property in possession of the Police Department
determined to have been stolen property. Such property shall be disposed of in
accordance with §§ 94.03 - 94.10, and in accordance with TEX. CODE CRIM. PROC.
Chapter 47, as amended.
('73 Code, § 18-233) (Ord.85-35, passed 5-15-85)
§ 94.23 DISPOSAL OF PROHIBITED WEAPONS, CRIMINAL INSTRUMENTS, OR GAMBLING
PARAPHERNALIA.
The provisions of
this subchapter shall not apply to prohibited weapons, criminal instruments, or gambling
paraphernalia in the possession of the Police Department. Disposition of said items
of personal property shall be make in accordance with TEX. CODE CRIM. PROC.
Arts. 18.18, 18.181, and 18.19, as amended.
('73 Code, § 18-234) (Ord.85-35, passed 5-15-85)
§ 94.24 ALTERNATIVE MEANS OF DISPOSITION; TRADE-IN ALLOWANCE.
No provision of
this subchapter shall be deemed to require the city to offer for sale to the general
public any item or items of personal property which the Elective Commission desires to
replace through purchase by competitive bidding if the notice to bidders contains a
request for offers of trade-in allowances for any such item or items of the surplus
personal property.
('73 Code, § 18-235) (Ord.85-35, passed 5-15-85)
ABANDONED AND JUNKED MOTOR VEHICLES
§ 94.35 TITLE.
This subchapter
shall be cited as the "Harlingen Abandoned and Junked Motor Vehicle Ordinance."
('73 Code, § 18-28) (Ord.71-29, passed 9-15-71)
§ 94.36 DEFINITIONS.
For purpose of
this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ABANDONED MOTOR
VEHICLE. A motor vehicle that is inoperable and more than eight years
old and left unattended on public property more than 48 hours, or a motor vehicle that has
remained illegally on public property for a period of more than 48 hours, or a motor
vehicle that has remained on private property without the consent of the owner or person
in control of the property for more than 48 hours, or a motor vehicle left unattended on
the right-of-way of a designated county, state, or federal highway with the State of Texas
for more than 48 hours, or for more than 12 hours on a turnpike project constructed and
maintained by the Texas Turnpike Authority.
DEMOLISHER.
Any person whose business is to convert a motor vehicle into processed scrap or
scrap metal, or otherwise to wreck or dismantle motor vehicles.
GARAGEKEEPER.
Any owner or operator of a parking place or establishment, motor vehicle
storage facility, or any establishment for the servicing , repair, or maintenance of motor
vehicles.
JUNKED VEHICLE.
A vehicle as defined in TEX. TRANSP. CODE §§ 621.001 et seq.:
(1) That is inoperative; and,
(2) That does not have lawfully affixed to it either
an unexpired license plate or a valid motor vehicle safety inspection certificate, that is
wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a
continuous period of more than 45 days.
MOTOR VEHICLE. Any
motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
POLICE DEPARTMENT.
The Police Department of the City of Harlingen.
STORAGE FACILITY.
A garage, parking lot, or any type of facility or establishment for
the servicing, repairing, storing, or parking of motor vehicles.
('73 Code, § 18-29) (Ord. 71-29, passed 9-15-71; Am. Ord. 83-49, passed 6-15-83; Am. Ord.
87-59, passed 8-5-87)
§ 94.37 AUTHORITY TO TAKE POSSESSION OF ABANDONED MOTOR VEHICLES.
The Police
Department may take into custody any abandoned motor vehicle found on public or private
property. In such connection, the Police Department may employ its own personnel,
equipment, and facilities or hire persons, equipment, and facilities for the purpose of
removing, preserving, and storing abandoned motor vehicles.
('73 Code, § 18-30) (Ord. 71-29, passed 9-15-71)
§ 94.38 NOTIFICATION OF OWNER AND LIEN HOLDERS.
(A) When
the Police Department takes into custody an abandoned motor vehicle, it shall notify,
within ten days thereof, by registered or certified mail, return receipt requested, the
last known registered owner of such motor vehicle and all lien holders of record pursuant
to the Certificate of Title Act, as amended (TEX. TRANSP. CODE §§ 501.001 est. seq.)
that the vehicle has been taken into custody. The notice shall describe the
year, make model, and serial number of the abandoned motor vehicle, set forth the location
of the facility where the motor vehicle is being held and inform the owner and any lien
holders of the right to reclaim the motor vehicle within 20 days after the date of the
notice upon payment of all towing, preservation, and storage charges resulting from
placing the vehicle into custody, and state that the failure of the owner or lien holders
to exercise the right to reclaim the vehicle within the time provided shall be deemed a
waiver by the owner and all 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, or 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 shall be sufficient
to meet all requirements of notice pursuant to this subchapter. Such notice by
publication can contain multiple listings of abandoned vehicles. Any such notice
shall be within the time requirements prescribed for notice by registered or certified
mail and shall have the same contents required for a notice by registered or certified
mail.
(C) The consequences and
effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid
notice given pursuant to this section.
('73 Code, § 18-31) (Ord. 71-29, passed 9-15-71; Am. Ord. 83-49, passed 6-15-83)
§ 94.39 AUCTION OF ABANDONED MOTOR VEHICLES; DISPOSITION OF PROCEEDS.
If an abandoned
motor vehicle has not been reclaimed as provided for in § in 94.38, the Police Department
shall sell the abandoned motor vehicle at a public auction. The purchaser of
the motor vehicle shall take title to the motor vehicle free and clear of all liens and
claims of ownership, shall receive a sales receipt from the Police Department and shall be
entitled to register the purchased vehicle and receive a certificate of title. 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 which resulted from placing the abandoned motor vehicle in custody,
and all notice and publication costs incurred pursuant to § 94.38. Any remainder
from the proceeds of a sale be held for the owner of the vehicle or entitled lien holder
for 90 days, and then shall be deposited in a 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.
('73 Code, § 18-32) (Ord. 71-29, passed 9-15-71)
§ 94.40 DISPOSAL TO DEMOLISHERS.
(A) Any
person, upon whose property in the city or in whose possession in the city is found any
abandoned motor vehicle, or any person being the owner of a motor vehicle whose title
certificate is faulty, lost, or destroyed, may apply to the Police Department for
authority to sell, give away, or dispose of the vehicle to a demolisher.
(B) The application shall
set out the name and address of the applicant, the year, make, model, and serial number of
the motor vehicle, if ascertainable, together with any other identifying features, and
shall contain a concise statement of the facts surrounding the abandonment, or that the
title of the motor vehicle is lost or destroyed, or the reasons for the defect of title in
the owner. The applicant shall execute an affidavit stating that the facts alleged
therein are true and that no material fact has been withheld.
(C) If the Police Department
finds that the application is executed in proper form, and shows that the motor vehicle
has been abandoned upon the property of the applicant or if it shows that the motor
vehicle is not abandoned but that the applicant appears to be the rightful owner, the
Police Department shall follow the notification procedures set forth in § 94.38.
(D) If any such abandoned
motor vehicle is not reclaimed in accordance with § 94.38, the Police Department shall
notify the Texas Highway Department which shall issue the applicant a certificate of
authority to sell the motor vehicle to any demolisher for demolition, wrecking or
dismantling. The demolisher shall accept such certificate in lieu of the certificate
of title to the motor vehicle.
(E) Any persons upon whose
property in the city or in whose possession in the city is found any abandoned motor
vehicle, or any person being the owner of a motor vehicle whose title certificate is
faulty, lost, or destroyed, may dispose of such motor vehicle to a demolisher without that
title and without notification procedures of § 94.38 if the motor vehicle is over eight
years old and has no engine or is otherwise totally inoperable.
('73 Code, § 18-33) (Ord. 71-29, passed 9-15-71)
§ 94.41 JUNKED VEHICLES DECLARED PUBLIC NUISANCE.
Junked vehicles
which are located in any place in the city where they are visible from a public place or
public right-of-way are detrimental to the safety and welfare of the citizens of the city,
tending to reduce the value of private property, to invite vandalism, to create fire
hazards, to constitute an attractive nuisance creating a hazard to the health and safety
of minors, and are detrimental to the economic welfare of the city, by producing blight
which is adverse to the maintenance and continuing development of the city, and such
vehicles are, therefore, declared to be a public nuisance.
('73 Code, § 18-34) (Ord. 71-29, passed 9-15-71)
Cross-reference:
Nuisances, see Chapter 93
§ 94.42 REMOVAL OF JUNKED VEHICLES BY CITY.
Junked vehicles
or parts thereof may be disposed of by the city by the removal thereof to a scrap yard,
demolisher, or any suitable site operated by the city for processing scrap or salvage.
('73 Code, § 18-35) (Ord. 71-29, passed 9-15-71)
§ 94.43 NOTICE TO REMOVE JUNKED VEHICLE; HEARING
When the City
Sanitarian, or the City Health Inspector, or any city police officer determines the
existence of a junked vehicle within the city, the city shall notify the last known
registered owner of such junked vehicle and all lien holders of record, pursuant to the
Texas Certificate of Title Act, with such notice to be by registered or certified mail,
return receipt requested, and notifying such registered owner that such junked vehicle
must be removed from the city or to a demolisher or lawful junkyard in the city within ten
days from the date of such notice, failing which, the city will, by its officials,
so remove or dispose of such junked vehicle. Such notice shall further provide that
such alleged junked vehicle does, in fact, constitute a junked vehicle under the
provisions of this subchapter, and shall thereby be subjected to removal or abatement as
provided hereunder. A hearing must be requested within ten days after the service of
such written notice. The Zoning Board of Adjustments and Appeals upon receipt of
request for such public hearing, shall forthwith notify applicant of the date, time, and
place of such public hearing, which shall be within ten days (exclusive of holidays,
Saturdays and Sundays) of the date of delivery of such notice of the holding of such
hearing. Upon the completion of such hearing, the Zoning Board of Adjustments and
Appeals shall determine whether or not such alleged junked vehicle is, in fact, a junked
vehicle under the terms of this subchapter and subject to removal and abatement under the
terms of this subchapter.
('73 Code, § 18-36) (Ord. 71-29, passed 9-15-71; Am. Ord. 83-49, passed 6-15-83; Am. Ord.
87-59, passed 8-5-87)
§ 94.44 ORDER REQUIRING REMOVAL AND ABATEMENT OF JUNKED VEHICLE.
In the event the
Zoning Board of Adjustments and Appeals determines at the hearing provided for in §94.43
that such alleged junked vehicle is, in fact, a junked vehicle and subject to removal and
abatement under the terms hereof, he shall issue a written order requiring the immediate
removal and abatement of such junked vehicle, which order shall include a description of
such vehicle and the correct identification number and license number of such vehicle, if
available, at the site of such vehicle, with such other being delivered to the registered
owner thereof, if known and located. In the event such junked vehicle is not removed
and abated within five days from the date of such order of the Zoning Board of Adjustments
and Appeals, it shall be disposed of by city officials, as provided for § 94.42.
('73 Code, § 18-37) (Ord. 71-29, passed 9-15-71; Am. Ord. 83-49, passed 6-15-83; Am. Ord.
87-59, passed 8-5-87)
§ 94.45 JUNKED VEHICLES NOT TO BE MADE OPERABLE AFTER REMOVAL.
When a junked vehicle
has been removed and disposed of, as provided for under § 94.42, it shall not thereafter
be reconstructed or made operable.
('73 Code, § 18-38) (Ord. 71-29, passed 9-15-71) Penalty, see § 94.99
§ 94.46 NOTICE OF REMOVAL AND ABATEMENT TO TEXAS HIGHWAY DEPARTMENT.
Upon the removal
and abatement of any junked vehicle under the provisions of this subchapter by the
officials of the city, the city shall forward notice, within five days after such removal,
to the Texas Highway Department, Austin, Texas, setting forth the available identification
of such junked vehicle and advising of its removal and abatement.
('73 Code, § 18-39) (Ord. 71-29, passed 9-15-71)
§ 94.47 EXCLUSIONS FROM PROVISIONS.
This subchapter
shall not apply to a junked vehicle or part thereof which is completely enclosed within a
building in a lawful manner and which is not visible from the street or other public or
private property; not shall it apply to a vehicle or a part thereof which is stored or
parked in a lawful manner on private property lawfully operated as a licensed vehicle
dealer or junk dealer if the vehicle is maintained in a manner so that it does not
constitute a health hazard and is screened from ordinary public view by means of a fence,
rapidly growing trees, shrubbery, or other appropriate means.
('73 Code, § 18-40) (Ord. 71-29, passed 9-15-71; Am. Ord. 90-59, passed 5-20-90)
§ 94.47 EXCLUSIONS FROM PROVISIONS.
This subchapter shall
not apply to a junked vehicle or part thereof which is completely enclosed within a
building in a lawful manner and which is not visible from the street or other public or
private property; not shall it apply to a vehicle or a part thereof which is stored or
parked in a law manner on private property lawfully operated as a licensed vehicle dealer
or junk dealer if the vehicle is maintained in a manner so that it does not constitute a
health hazard and is screened from ordinary public view by means of a fence, rapidly
growing trees, shrubbery, or other appropriate means.
('73 Code, § 18-40) (Ord. 71-29, passed 9-15-71; Am. Ord. 90-95, passed 5-20-90)
§ 94.48 DISPOSITION WHEN COMMERCIAL CHANNELS ARE NOT AVAILABLE OR
INADEQUATE.
In the event the
Elective Commission determines that commercial channels for disposition of junked vehicles
with the city are not available or inadequate, the city, upon such determination, may make
final disposition of such junked vehicles or parts thereof, or it may transfer such
vehicles or parts thereof to another, with such transfers to be only as scrap or salvage
and that the same may not be reconstructed or made operable.
('73 Code, § 18-41) (Ord. 71-29, passed 9-15-71)
§ 94.49 RIGHT OF ENTRY FOR ENFORCEMENT; INTERFERENCE WITH ENFORCEMENT
PROHIBITED.
Any police
officer, or the City Sanitarian, or the Health Inspector of the city may enter upon
private property for the purpose specified in this subchapter to examine vehicles or parts
thereof, obtain information as to the identity of vehicles and to remove or cause the
removal of the vehicle or parts thereof declared to be a nuisance pursuant to this
chapter. No person shall interfere with a police officer, the City Sanitarian, or
the Health Inspector in the exercising of duties under the provisions of this section.
('73 Code, § 18-42) (Ord. 71-29, passed 9-15-71; Am. Ord. 83-49, passed 6-15-83)
Penalty, see § 94.99
§ 94.50 PROVISIONS DO NOT AFFECT REMOVAL FOR TRAFFIC VIOLATIONS.
Nothing in this
subchapter shall affect statutes that permit immediate removal of a vehicle left on public
property which constitutes an obstruction to traffic.
('73 Code, § 18-43) (Ord. 71-29, passed 9-15-71)
§ 94.99 PENALTY.
(A) Any
person who shall violate any of the provisions of this chapter for which no other penalty
is provided shall be subject to the penalty set forth in § 10.99 of this code of
ordinances.
(B) Any person who shall
violate the provision of § 94.49 of this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined as provided in V 10.99.
('73 Code, § 18-42) (Ord. 71-29, passed 9-15-71; Am Ord. 83-49, passed 6-15-83) |