O-78-524 - 2/9/1978ORDINANCE NO. 4
AN ORDINANCE ADOPTING THE TEXAS ABANDONED VEHICLE
ACT; PROVIDING FOR CERTAIN FEES, A RECORD BOOK,
AND NOTICE; DECLARING ABANDONED PROPERTY OTHER
THAN MOTOR VEHICLESANUISANCE; PROVIDING FOR IM-
POUNDMENT NOTICE, REDEMPTION AND SALE OF IMPOUNDED
PROPERTY; DECLARING JUNKED VEHICLE A NUISANCE;
PROVIDING FOR FEES, NOTICES, AND PUBLIC HEARING;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
A SAVINGS CLAUSE AND A PENALTY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
ARTICLE I. ABANDONED MOTOR VEHICLES.
Sec. 1. Adoption of Texas Abandoned Motor Vehicle Act; authority
of city manager; "abandoned motor vehicle" defined.
(a) The provisions of article 6687-9 of Vernon's Texas Civil
Statutes, the Texas Abandoned Motor Vehicle Act, as now enacted or
as hereafter amended, and the provisions of this article, are here-
by adopted to establish a comprehensive and uniform procedure for
the impounding, storage and sale of abandoned motor vehicles within
the city.
(b) The city manager is authorized to provide for the im-
pounding, storage and disposition of abandoned motor vehicles
and shall establish such administrative procedures as he deems
necessary for the securing of proof of abandonment, collection
of fees, distribution of proceeds of sale or redemption, giving
of notices, and impounding and sale of abandoned and junked motor
vehicles, consistent with this article and the Texas Abandoned
Motor Vehicle Act.
(c) As used in this article, the term "abandoned motor ve-
hicle" means a motor vehicle that is (1) inoperable and over eight
years old and is left unattended on public property for more than
forty-eight hours, or (2) a motor vehicle that has remained ille-
gally on public property for a period of more than forty-eight hours
or (3) 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 forty-eight hours.
Sec. 2. Fees for impounding, storage, etc.
(a) The following fees shall be charged by and shall be paid
to the city police department or the person, if any, engaged by the
city to impound and store abandoned motor vehicles upon redemption
of an abandoned motor vehicle or out of the proceeds of sale of
such motor vehicle if not redeemed:
(1) For the taking and impounding of any motor
vehicle where a wrecker is necessary, fifteen
dollars.
(2) For the taking and impounding of any motor
vehicle where both a wrecker and a dolly are
necessary, twenty dollars.
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(3) Storage fee, two dollars per twenty-four (24)
hour period. (No charge if vehicle stored less than
twenty-four (24) hours.)
(4) For preparing advertisement of sale for each
motor vehicle, including newspaper advertisement,
one dollar.
(5) For selling each motor vehicle, one dollar.
(6) For posting notices of sale for each motor
vehicle, one dollar.
(7) For newspaper advertisement, the actual pro
rata publication costs incurred.
(8) For preparing and mailing notice to the owner
and lienholder of record that the vehicle has been
taken into custody, one dollar for each notice.
(b) In addition to the above charges, when the abandoned
motor vehicle is one impounded at a storage facility operated by
a garagekeeper for commercial purposes, as defined in the Texas
Abandoned Motor Vehicle Act, and under the provisions of such
act, the garagekeeper has a valid claim for servicing, storage
or repair of such vehicle, his charges shall also be paid to the
garagekeeper by the person redeeming the motor vehicle before
the motor vehicle is released by the police department. In the
event such motor vehicle is not redeemed, the proceeds of the
sale shall be first applied to the garagekeeper's charges.
Sec. 3. Notice of sale of abandoned motor vehicles at public
auction.
Any motor vehicle not redeemed as provided by law shall be
sold at public action in the manner provided by the city manager.
Before selling such motor vehicles, the impounder shall post two
notices of sale, one at the County Courthouse and one at the
Main Street entrance of the City Hall, and shall cause a copy
thereof to be published in the official newspaper of the city
once a week for two consecutive weeks, the date of the first pub-
lication to be at least fourteen days prior to the date of sale.
The notice shall describe the impounded motor vehicles to be sold
by year, make and model, state the same is unredeemed and is being
sold at public auction with reserve pursuant to the Texas Abandoned
Motor Vehicle Act, and state the time, date, place and manner of
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sale. The notice shall further state that the Texas Abandoned
Motor Vehicle Act provides that the purchaser of the motor vehicle
shall take title to the motor vehicle free and clear of all liens
and claims of ownership, and is entitled to register the purchased
vehicle and receive a certificate of title. Such notice may con-
tain multiple listings of abandoned motor vehicles. Failure to
give the notice required by this section, in whole or part, shall
not affect the sale of such motor vehicle, it being the intention
of the city council that following the above procedures for giving
notice of the sale shall not be a condition of the sale but merely
a means of advertising the sale to potential bidders.
Sec. 4. Record book of impounded motor vehicles.
The police department, or its delegate, shall keep a record
book which shall contain a description by year, make and model of
all motor vehicles impounded; the date and time of such impounding;
the date notices of impounding were advertised or mailed to lien -
holders and owners of record and the return receipts therefrom;
the date the motor vehicle was redeemed or sold; the amount realized
for each motor vehicle at such sale; the amount of fees to which
the impounder is entitled pursuant to this article; the name and
address of the owners and lienholders, if known; the name and ad-
dress of the buyer; the name and address of the garagekeeper, if
any, entitled to recover his charges for servicing, storage or
repair of the motor vehicle upon redemption or sale and the amount
of his charges and any other information the city manager may deem
necessary.
Sec. 5. Visible notice of abandonment; prima facie evidence.
At least forty-eight hours prior to impounding any motor ve-
hicle, as abandoned, whether on public or private property, a
police officer of the city shall securely affix a visible, dated,
brightly colored notice of abandonment to such vehicle and a record
of the date and time such notice was affixed shall be maintained
by the chief of police or his delegate. In the event the motor
vehicle is subsequently impounded as abandoned, proof that the
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motor vehicle was not removed from the public or private pro-
perty after the visible notice of abandonment was attached thereto
shall be prima facie proof in any court that, (a) such vehicle
was left unattended and abandoned for the period of time between
the affixing of the notice and the impounding of the motor vehicle
and (b) that the owner of such vehicle caused, allowed, suffered
and permitted the motor vehicle to remain at the place where such
motor vehicle was impounded for the period of time between the
affixing of the notice and the impounding of the motor vehicle.
Sec. 6. Inoperable motor vehicles on public property or streets;
"inoperable motor vehicle" defined.
It shall be unlawful for any person to park or place an in-
operable motor vehicle, or to allow an inoperable motor vehicle
to remain on any public street, alley, sidewalk, highway or public
property within the city for a period of more than twenty-four
continuous hours, and the presence of such inoperable motor vehicle
upon any such public street, alley, sidewalk, highway or property
after the expiration of such twenty-four hour period is hereby
declared illegal and to be a public nuisance. The term "inoperable
motor vehicle" as used in this section means a motor vehicle subject
to registration pursuant to the Texas Certificate of Title Act that
does not have lawfully affixed thereto an unexpired license plate
or plates; or a motor vehicle that cannot be started, driven, operated,
steered and stopped, under its own power and without causing damage
to the vehicle, because of mechanical failure, breakdown or disrepair
or because it has been wrecked, burned, dismantled or partially dis-
mantled.
Sec. 7. Unlawful to interfere with impounding.
It shall be unlawful for any person to knowingly or intentionally
interfere with or attempt to prevent the physical impounding of any
abandoned motor vehicle by the police department or its delegate
pursuant to the provisions of the Texas Abandoned Motor Vehicle Act
and this article.
ARTICLE II. ABANDONED PROPERTY OTHER
THAN MOTOR VEHICLES.
Sec. 1. Declared a nuisance; duty of police to impound; noti-
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fication of impoundment.
(a) Any personal property, other than a motor vehicle, which
is placed, left standing, parked, erected or lying in violation of
any ordinance, the Charter of the city or any state law; or left
unattended for more than forty-eight continuous hours in or on
any public street, alley, sidewalk, public property or public
place in the city; or which is placed, left standing, parked, erected
or lying in or on any public street, alley or sidewalk in such a
manner as to substantially interfere with, obstruct or constitute
a barrier to vehicular or pedestrian traffic, is declared a public
nuisance, and any such property when so found by the police officers
of the city shall be removed or caused to be removed summarily to
the police pound or any other place of impoundment designated by
the city manager.
(b) Trash receptacles placed in compliance with city ordi-
nance and newspaper and magazine vending machines on public side-
walks shall not be deemed obstructions under this section.
(c) Within ten days after any personal property is impounded
under this section, the impounder shall notify the owner of such
property and all lienholders, if their names and addresses be known,
that such property has been impounded.
Sec. 2. Lien on impounded property.
A lien for all costs incurred in the impounding, storing and
advertising for sale of personal property pursuant to this article
shall exist and inure to the benefit of the person actually im-
pounding such property. Such lien shall be prior and superior to
all other liens of every kind, save and except liens for ad valorem
taxes, and the impounder may retain possession of such property
until all costs are paid and may sell the same as provided in this
article.
Sec. 3. Redemption of impounded property.
The owner or any person legally entitled to possession of any
impounded personal property as provided for in this article may
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redeem the same as follows.
(a) Before sale. By paying to the impounder, before sale,
the applicable fees set out in section 8.
(b) After sale. By paying to the buyer at the sale double
the amount paid by him for such personal property, and any rea-
sonable expenses incurred by him for keeping the same; provided,
that the property shall be redeemed from the buyer within thirty
days after the date of the sale, excluding the date of sale,
otherwise title to the property shall become absolute in the buyer.
Sec. 4. When impounded property to be sold.
When any personal property, other than motor vehicles, is
not redeemed within thirty days after being impounded, the same
may be sold in the manner designated by the city manager.
Sec. 5. Notice of sale of impounded property.
Before selling any personal property as provided for in this
article, the impounder shall post two notices thereof, one at the
County Courthouse door and one at the Main Street entrance of
the City Hall, and shall cause a copy thereof to be published in
the official newspaper published in the city once a week for two
consecutive weeks, the date of the first publication to be at
least fourteen days prior to the day of the sale. The notice of
sale shall describe the impounded property, state that the same
isunredeemed, state that the same will be sold, designate the
place of sale, the manner of sale, and state a time and date of
sale which shall not be less than fourteen days from the date of
the first posting of such notices.
Sec. 6. Procedure for selling impounded property.
When any impounded property is not redeemed by the date and
time designated in the notice of sale, the impounder shall sell
such property in the manner designated by the city manager, and
execute a bill of sale of such property to the purchaser thereof;
provided, that he shall not execute or deliver any but a condi-
tional bill of sale until the title of the buyer has become ab-
solute by an expiration of thirty days in time, exclusive of the
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day of sale, without being redeemed by the owner of the impounded
property.
Sec. 7. Disposition of proceeds of sale of impounded property.
After deducting the fees to which the impounder is entitled
pursuant to section 8, the impounder shall hold the balance of the
proceeds of such sale, if any, to pay the same to the owner of the
property. If the owner fails to call for such proceeds within
thirty days, they shall belong to the impounder.
Sec. 8. Fees for impounding, storage, etc.
The following fees shall be charged and shall be paid to the
impounder:
(a) For the taking and impounding of any personal property,
the actual expenses incurred by the impounder in impounding the
property, plus two dollars, but in no event less than four dollars.
(b) Storage fee, including storage for all or part of the
first twenty-four hours, one dollar per twenty-four hour period
or portion thereof.
(c) For preparing notices of sale of each article, including
newspaper advertisement, one dollar.
(d) For selling each article, one dollar.
(e) For posting notices of sale for each article, one dollar.
(f) For newspaper advertisement, the actual publication costs
incurred.
ARTICLE III. JUNKED VEHICLES.
Sec. 1. Definitions.
As used in this section, the following words and phrases shall
have the meaning ascribed below, except where the context in which
the word or phrase is used clearly indicates a different meaning
is intended:
(a) Chief of police means the chief of police of the City of
Round Rock or any duly commissioned police officer of the City of
Round Rock.
(b) Junked vehicle means any motor vehicle as defined in
Section 1 of Article 6701d-11, Vernon's Texas Civil Statutes, as
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amended, which is inoperative and which does not have lawfully
affixed thereto both an unexpired license place or plates and
a valid motor vehicle inspection certificate and which is wrecked,
dismantled, partially dismantled or discarded; but does not in-
clude, (1) a vehicle or part thereof which is completely enclosed
within a building in a lawful manner where it is not visible from
the street or other public or private property, (2) a vehicle or
part thereof which is stored or parked in a lawful manner on pri-
vate property in connection with the business of a licensed vehicle
dealer or a junkyard, or, (3) unlicensed, operable or inoperable
antique and special interest vehicles stored by a collector on his
property, provided that the vehicles and the outdoor storage areas
are maintained in such a manner that they do not constitute a health
hazard and are screened from ordinary public view by means of a
fence, rapidly growing trees, shrubbery or other appropriate means.
Sec. 2. Junked vehicles declared a public nuisance; duty of
property owners; unlawful to interfere with impounding.
(a) Junked vehicles are detrimental to the safety and wel-
fare of the general public, 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
and state by producing urban blight which is adverse to the main-
tenance and continuing development of the City of Round Rock, and
such, vehicles are, pursuant to Article 6687-9 of the Vernon's
Texas Civil Statutes, the Texas Abandoned Motor Vehicle Act, de-
clared to be a public nuisance and subject to abatement as set out
hereunder.
(b) The owner or occupant of any real property within the
City of Round Rock shall keep such property free of and shall not
permit or suffer the presence of junked vehicles on such property.
(c) It shall be unlawful for any person to knowingly or
intentionally interfere with or attempt to prevent the physical
impounding of any junked vehicle by the chief of police or his
delegate pursuant to this article.
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Sec. 3. Notice to owner to abate nuisance --When on occupied
premises.
(a) Whenever any such junked vehicle is located on any
occupied premises within the city in violation of section 2(b),
the chief of police shall order the owner of the premises, if in
possession thereof, or the occupant of the premises whereon such
public nuisance exists, to abate or remove the same. Such order
shall:
(1) Be in writing; and,
(2) State the nature of the public nuisance and that it
must be removed and abated within ten days after service
of notice; and,
(3) State that a request for a hearing to determine
whether or not the motor vehicle is a junked motor ve-
hicle as defined herein must be made to the clerk of the
municipal court, either in person or in writing and
without the requirement of bond, before expiration of
said ten day period; and,
(4) State that in the event that no request
hearing is received before the expiration of
day period it shall be conclusively presumed
vehicle is a junked vehicle as defined under
and city ordinance.
for a
said ten -
that said
state law
Such order shall be served upon the owner of the premises or
the occupant by serving him personally and obtaining his acknow-
ledgment of receipt in writing, such acknowledgment to be filed
with the police department, or by sending such notice to the
address of the premises by certified mail, five-day return re-
ceipt requested.
(b) If the owner or occupant of the premises does not request
a public hearing and either fails or refuses to comply with the
order of the chief of police within the ten-day period after service
thereof, as provided herein, the chief of police or his delegate
shall take possession of such junked motor vehicle and remove it
from the premises.
Sec. 4. Same --When on unoccupied premises or on public property
or public right-of-way.
(a) Whenever any such junked vehicle is located on unoccupied
premises within the city in violation of section 2(b), the chief
of police shall order the owner of the premises, as shown on the
current tax rolls of the city whereon such public nuisance exists,
to abate or remove the same. Such order shall;
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(1) Be in writing; and,
(2) State the nature of the public nuisance and that it
must be removed and abated within ten days after service
of notice; and,
(3) State that a request for a hearing to determine whether
or not the motor vehicle is a junked motor vehicle as de-
fined herein must be made to the clerk of the municipal court,
either in person or in writing and without the requirement
of bond, before expiration of said ten day period; and,
(4) State that in the event that no request for a hearing
is received before the expiration of said ten-day period
it shall be conclusively presumed that said vehicle is a
junked vehicle as defined under state law and city ordinance.
Such order shall be served upon the owner of the premises by
serving him personally and obtaining his acknowledgment of receipt
in writing, such acknowledgment to be filed with the police depart-
ment, or by sending such notice to the address shown on the city
tax rolls for the owner of the premises by certified mail, five-
day return receipt requested.
(b) If the owner of the premises does not request a public
hearing and either fails or refuses to comply with the order of
the chief of police within the ten-day period after service
thereof, as provided herein, the chief of police or his delegate
shall take possession of such junked motor vehicle and remove it
from the premises.
(c) Whenever any such junked vehicle is located on public
property or on a public right-of-way within the city in violation
of section 2(b), the chief of police shall order the owner or
occupant of the public premises or the owner or occupant of the
premises adjacent to the public right-of-way whereupon said public
nuisance exists, to abate or remove the same. Such order shall:
(1) Be in writing; and,
(2) State the nature of the public nuisance and that it
must be removed and abated within ten days after service
of notice; and,
(3) State that a request for a hearing to determine
whether or not the motor vehicle is a junked :motor ve-
hicle as defined herein must be made to the clerk of
the municipal court, either in person or in writing
and without the requirement of bond, before the expir-
ation of said ten-day period; and,
(4) State that in the event that no request for a
hearing is received before the expiration of said
ten-day period it shall be conclusively presumed
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that said vehicle is a junked vehicle as defined
under state law and city ordinance.
Such order shall be served upon the owner or occupant of
the premises by serving him personally and obtaining his acknow-
ledgment of receipt in writing, such acknowledgment to be filed
with the police department; or by sending such notice to the
address shown on the city tax rolls for the owner of the premises
by certified mail, five-day return receipt requested; or by sending
such notice to the address of the public property or the property
adjacent to the public right-of-way addressed to the occupant
thereof by certified mail, five-day return receipt requested.
Sec. 5. Visible notice to abate nuisance.
(a) At the time a junked vehicle is located by the chief
of police on either occupied or unoccupied private or public
property or public right-of-way, in addition, to any other
notices required herein, a visible notice, brightly colored but
of a color different from that used for notices of abandonment
(Article I, Sec. 5), shall be securely affixed to such vehicle.
Such notice shall:
(1) State that the vehicle is a public nuisance and
that it must be removed and abated within ten days
from the date on such notice; and,
(2) State that a request for a hearing to determine
whether or not the motor vehicle is a junked motor
vehicle as defined herein must be made to the clerk
of the municipal court, either in person or in writing
and without the requirement of bond, before the expir-
ation of said ten-day period; and,
(3) Shall state that in the event that no request for a
hearing is received before the expiration of said ten-
day period it shall be conclusively presumed that said
vehicle is a junked vehicle as defined under state law
and city ordinance; and,
(4) Shall state the date it was affixed.
(b) Affixing the notice set out herein shall not be a con-
dition or requirement precedent to any proceeding or official ac-
tion to abate such public nuisance and such proceeding or action
shall not be rendered void or voidable nor in any way affected
by failure to affix the visible notice prescribed herein.
(c) In the event the ten-day period set out on the visible
notice is different from that prescribed in any other notice served
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as provided for herein, then official action or proceedings
to abate such public nuisance shall not be commenced until
after the expiration of both periods of time.
Sec. 6. Public hearing; finding and orders of judge.
(a) The owner or occupant of any premises on which a junked
vehicle is located may, within ten days after service of a notice
to abate said nuisance, request of the clerk of the municipal court
of the city, either in person or in writing, and without the re-
quirement of the bond, that a date and a time be set when he may
appear before the judge of the municipal court for a hearing to
determine whether or not the motor vehicle is a junked motor vehicle.
(b) The judge of the municipal court shall hear any case
brought before such court, as set out herein, and shall determine
by a preponderance of the evidence whether or not the motor vehicle
is a junked motor vehicle and in violation of this article. Such
hearing shall not be criminal in nature and shall be as summary
as due process and orderly procedure allows. Rules of evidence
as in civil suits shall be followed. Upon finding that such motor
vehicle is in violation of this article, the judge of such court
shall order such defendant to remove and abate such nuisance within
ten days, the same being a reasonable time. If the defendant shall
fail and refuse, within such ten days, to abate or remove the nui-
sance, the judge of the municipal court may issue an order directing
the chief of police to have the same removed, and the chief of po-
lice or his delegate shall take possession of such junked motor
vehicle and remove it from the premises. Such order shall include
a description of the vehicle, and the current identification number
and license number of the vehicle, if available at the site.
(c) Notice of any hearing set under this section shall be
delivered to the chief of police.
Sec. 7. Abatement under court order.
If there is a junked motor vehicle, as herein defined, on
premises that are occupied or unoccupied, and (1) neither the
owner nor the occupant of the premises can be found and notified
to remove same, or, (2) the notice required by section 3 or 4 of
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this Article is returned undelivered by the U.S. Post Office
and ten days after the return of such notice the nuisance has
not been abated, then upon a showing of such facts to the judge
of the municipal court, the court may issue an order directing
the chief of police to have the same removed, and the chief of
police or his delegate shall take possession of such junked
motor vehicle and remove it from the premises.
Sec. 8. Notice to Texas Highway Department.
Notice shall be given to the Texas Highway Department that
a junked vehicle has been impounded within five days after the
removal of the junked motor vehicle as provided in this article,
identifying the vehicle or part thereof impounded.
Sec. 9. Disposition of impounded junked vehicles.
The chief of police or his delegate shall dispose of all
impounded junked vehicles in such manner as the city manager
may designate, consistent with state law, provided such vehicle
shall not be reconstructed or made operable. Disposal may be
by removal or sale, with or without competitive bidding, to a
scrapyard or demolisher.
ARTICLE IV. MISCELLANEOUS.
Sec. 1. All ordinances, resolutions or orders, or parts thereof,
enacted, passed and adopted by the City Council, in conflict here-
with, are hereby repealed to the extent of the conflict. Ordi-
nance No. 249 is specifically repealed.
Sec. 2. If any section, sub -section or sentence, clause or phrase
of this ordinance is for any reason held invalid, such decision
or decisions shall not affect the validity of the remaining portions
of this ordinance.
Sec. 3. Any person violating any of the provisions of this ordi-
nance shall be guilty of a misdemeanor and upon conviction shall be
fined not more than Two Hundred Dollars ($200.00).
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s •c_
READ and APPROVED on first reading this the 6 day of
, 1977.
READ, APPROVED and ADOPTED
day of ji
ATTEST:
JQ'ANNE LAND, City Secretary
on second reading this the
, 1979.
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RAY ZITTON, Mayor
City of Round Rock, Texas