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HomeMy WebLinkAboutORD 56-DDW, AN ORDINANCE ENTITLED AN ORDINANCE AMENDING.THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY ADDING A SECTION, TO BE NUMBERED SECTION 37--115.1; DECLARING ANY VEHICLE REMAINING UN- ATTENDED ON ANY PUBLIC STREET, ALLEY, SIDEWALK, PARKWAY OR OTHER PUBLIC PLACE OF THE CITY FOR NINETY-SIX (96) OR MORE CONTINUOUS HOURS TO BE A PUBLIC NUIS.P.NCE; PRO- VIDINGTHAT ANY SUCH VEHICLE MAY BE REMOVED AND IMPOUNDED BY ANY POLICE OFFICER; PROVIDING THAT THE CITY SHALL HAVE A LIEN ON SUCH IMPOUNDED VEHICLES FOR ALL COSTS IN.- CURRED IN IMPOUNDING, STORING AND ADVERTISING SUCH VE- HICLES; PROVIDING FOR THE REDEMPTION OF SUCH VEHICLES BY THE OWNER OR ANY PERSON ENTITLED TO POSSESSION THEREOF; PROVIDING FOR NOTICE OF IMPOUNDING OF A VEHICLE TO. THE OWNER AND LIENHOLDERS OF SUCH.VEHICLE; PROVIDING FOR NOTICE OF SALE OF UNREDEEMED VEHICLES; PROVIDING FOR THE SALE OF IMPOUNDED AND UNREDEEMED VEHICLES; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: 1. That the Code of Ordinances of Beaumont, Texas, is hereby amended by adding a section, to be numbered Section 37.-115.1, which said section reads as follows: "Section 37-115.1. Impounding and Redemption of Unattended Vehicles; Sale of Same. (a) Any vehicle standing, parked, or remaining unattended on any public street, alley, sidewalk, parkway, or .other public place of the city for ninety -.six (96) or more continuous hours is hereby declared to be a nui- sance per se, and any such vehicle when so found shall be r-emoved summarily by.any police officer of the city to a garage or parking lot designated or maintained by the police department and shall be kept there until re- deemed or sold as'provided in this section. (b) The city shall have a lien on every such impounded vehicle for all costs incurred in impounding, storing, and advertising such -vehicle. 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 herein provided. (c) The owner or any person legally ehtitled to possession of any impounded vehicle may redeem such vehicle prior to the sale of same by paying to the chief of police an impounding fee of five ($5.00) dollars and any other actual expenses incurred by the city in impounding and keeping the impounded vehicle. There shall be a towing charge of five ($5.00) dollars, which shall be deemed an actual expense incurred by the city, when a vehicle belonging to the city is used to tow or remove such im- pounded vehicle to the place of storage. .. f . �194 (d) When any vehicle has been impounded, it shall be the duty of the chief'of police to notify the owner and lienholders of such vehicle, as shown by the records of the state highway department or the.simi- lar agency of the proper state when the vehicle is from another state, that such vehicle has .been.im.- pounded and of the provisions -of this. section in re" ..gard to the r..edemption and sale of impounded vehicles. Such notice shall be by registered mail with return receipt requested, and such notice mailed to the ad- dress shown on the -records of the highway department or similar agency shall satisfy the requirements of this section. (e) In the event a vehicl-e is not redeemed within.fifteen (15) days from-th.e receipt of the return receipt herein provided for or notice of nondelivery, the chief of police shall sell such vehicle at public .auction tosatisfy the impounding and storing costs. After giving fifteen (15) daysf notice of the time -and place of the sale of such vehicle by posting such notice of sale at the courthouse door of Jefferson County,.Texas,.and at two (2) other public places.in. Jefferson County, Texas, and.by sending a copy of such noticeby registered mail to the owner and lienholders of such vehicle, as shown by the records'of the state highway department or similar agency. Such notice , mailed to the address shown on the records.of the high- way department or similar agency shall satisfy the requirements of this section. When the chief of police is. unable to ascertain the names of the.owner and lien - holders., and the vehicle has not been.redeemed.within thirty (30) days after the date of impounding, no notice other than the posting of notices as prescribed by this. subsection shall be required in order to sell such ve•«- hicle. (f) At the time and place so stated in such notice, each vehicle shall_ be offered for sale for cash at public auction, and -the chief of police shall accept the highest bid for each vehicle, provided, however, that the chief of police shall have the authority to reject all bids for any vehicle, when the best interests of the city will be served thereby. Each vehicle shall be sold separately. When any.vehicle has been -offered for sale at public auction and no bid has been received therefor, or all bids therefor have been rejected, such vehicle shall be disposed of by the chief of police in such a manner as he deems advisable, and all such dispositions shall be reported to the city manager in writing. The chief of police shall keep an.accura.te record of each vehicle sold, the name and address of the purchaser, the price paid therefor, and the date of sale. The chief of police shall make a complete report in writing to the city manager of the time, place, and man=. ner of conducting each sale, and all funds received from the sale of each vehicle shall be delivered to -the city manager® -2 No Text To: From: Subject: Page No. 2 INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: July 28, 1961 COMMENT: I suggest this be placed on the agenda for next .Tues- day's meeting. d George E. Murphey City Attorney GG 111 1 GEM:h � C l zAa INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: July 28, 1961 To: Mr. J. W. Jeffrey, City Manager From: George E. Murphy, City Attorney Subject COMMENT: Attached is an ordinance amending our Code to provide for the impounding of unattended vehicles on streets, alleys and sidewalks, etc., of the City. This.is the ordinance that has been requrested on several occasions by the police department and especially by the Chief of Police. The provisions of the ordinance have been discussed with Chief Bauer. The main provisions of this ordinance are that if any such vehicle unattended for 96 br--more continuous hours, it is declared to be a nuisance and may be removed summarily by any police officer to a garage or parking lot. The City shall have a lien on .every such impounded vehicle for all costs in- curred, including a $5.00 impounding fee and a $5.00 towing charge if we use our own vehicle in towing the car away, and all other costs incurred by the City. After a vehicle has been impounded, it is the duty of the Chief to notify the owners as shown by the records of the Highway Department, and in the event the vehicle is not re.- dbemed within 1$ days, the Chief shall sell the vehicle at pub- lic auction to satisfy the impounding and storing charges. Fifteen days?- notice of the time and place of -the --sale must be given by posting notice at the court house and two other pub- lic places in .Jefferson County, and by sending a copy of the notice by registered mail to the owner and lienholders. of the vehicle. The vehicle shall be sold at the time and place stated in the notice at the highest bid, provided same is sufficient to pay all of the costs -incurred. If no bids are received, the vehicle may be disposed of by the.Chief in a.manner as he deems advisable. Accurate records, etc., must be kept by the Chief and a. report in writing shall be made by him to the City Manager.