§ 12-61. Custody, reports and proceeds of abandoned motor vehicles.

(a)

The county sheriff's department, upon receipt of a report from a garage keeper that a motor vehicle has been deemed abandoned pursuant to § 683.031, Tex. Trans. Code, shall follow the notification procedures set forth in section 12-58 herein for the giving of notice to owners and lienholders of abandoned vehicles, except that custody of the vehicle shall remain with the garage keeper until after the notification requirements have been satisfied.

(b)

A fee of ten dollars ($10.00) shall accompany the report of the garage keeper and such fee shall be retained by the county sheriff's department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of such vehicles, and such fee shall be deposited in the general fund of the city.

(c)

Abandoned vehicles left in storage facilities, which are not reclaimed after notice is given in accordance with this section, shall be taken into custody by the county sheriff's department and sold at auction, as in the cases of other abandoned motor vehicles. The proceeds of the sale shall first be applied to the garage keeper's charges for servicing, repair, and storage, provided the garage keeper properly notified the county sheriff's department within seven (7) days of the abandonment; however, the county sheriff's department shall retain an amount of two (2) percent of the gross proceeds of the sale for each vehicle auctioned, or all the proceeds if the gross proceeds of the sale are less than ten dollars ($10.00), to be used to defray expenses of custody, auction, and storage fees accrued according to section 12-55.

(d)

The county sheriff's department shall not take custody of a motor vehicle, watercraft, or outboard motor more than thirty-one (31) days after the notices are sent according to section 12-58. After the thirty-first day, the storage facility having custody of the abandoned vehicle shall dispose of the vehicle pursuant to the requirements of Chapter 70, Property Code, as amended, or Chapter 2303, Occupations Code, if the storage facility is a vehicle storage facility.

(Ord. No. 2006-19, § 3, 11-13-2006)