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ORDINANCE NO. 136 ,,-' ,'Woo . , ..".. ,. N(J, tJt" AN OllDIDNCE !l&I'UI.u4G NUISANCE PERSONAL PROPERTY: DIRECTING llEMCWAL AND IMFOUJlDING OF SAME WHEN FOUND IN PUBLIC PLACES; PROVIDING A LIEN TJITl!Rll'lllIT AND SALE TO SATISFY LIEN AND REDEMPTION BEFORE AND AFTER SALE; PRmJ.DDG FOR NOTICE6F SALE, FOSTING AND AlIIVERTISING THEREOF AND NOTICE BY REGISTERED MAIL TO OWNERS OF MOTOR VEHICLES, PRESCRIBING PROCl!iw.M FOR AUCTION SALE, DISPOSITION OF PROCEEDS; VESTING TITLE IN AUCTION BU1ER; DIRECTING ITS SALE AND mSFOSAL OF PROCEJmS;TBEElEOF; KEEPING RECORDS AND PRESCRIBING FEES; EXCEPrING:LIVESTOCK FOWLS AND DOGS; REPEALING CERTAIN ORDINANCE; PROVIDING A SEVERABILITY CLAUSE 1-. - -. -.-. BE IT ORDAINED BY THE CITY COtlNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. Declaring Certain Property a Nuisance and Authorising Impounding , Any vehicle or other property or obstruction, placed, left st.....ft4..g parked, erected or lying in Villition of arq ordinance of the City of Schertz, or left unattended for more than forty-eight (48) cont1Jmous hours in or on arq public street, alley, sidewalk, park, or other public place of said City i8 declared to be a nuisance, and arq such property when so fo1lJld shall be removed SUlIIlIIlU"ily b;r arq police officer of the City of Schertz and taken to the police pound and shall be kept there until redeellllld or sold as herein provided. SECTION 2. Lien on Impounded Property The City of Schertz shall have a lien on S11ch impounded parsonal property for all costs incurred in ~unding, storing, and advertising 8Ilch property and such lien shall be prior and SIlperior to all other liens of every kind, save and except liene for ad valorem ta:xes, and the city may retain possession thereof until all costs are paid and may sell the same as herein provided. SECTION :3. Re4emption \" The owner or arty parson legally entitled to possession of such impounded personal property may redeem the same as follows: (a) Before sale - By paying to the City Marshall the i~g fee and arty other actual expenses incurred b;r the City in impounding and. keeping the impounded property, as determined b;r the City Marshall (b) After sale - By paying to tile ~ at the auction sale double the amount paid b;r him for such personal property and arty reasonable expenses incurred b;r him for keeping same; proViding that the said property must N redeemed from the auction ~r within thirty (30) da.;rs after the date of tIle auction sale, excluding the date of sale; otherwise, title to snd property shall become absolute in the auction ~. SECTION 1+. Property to be Sold When arty personal property, other than motor vehicles, is net, redeemed within sixty (60) da.;rs after being impotDl.ded, and when arty lIlOtor '''.~~;+~. , ...... . . , vehicle is not redeemed after compliance by the City Marshall With the proVisions of Section 6 hereof, the City Marshall shall sell the same at public auction to satisZy the lien of the City. SECTION 5. Procedure for Property Other than Motor Vehicle Before selling such personal property, other than motor vehicles, the City Marshall shall post two notices t~~.f... one at the Cwrthouse door of Guadalupe County, Texas, and. one at ~ street entrance of the City Hall in Schertz, 'l'exas, and shall cause a coPY'thereof to be published in a daily. newspaP'lr published in the City of Seguin once a week for two consecutive weeks, the date of the first publication to be at least fourteen (14) da.;rs prior to the day of the auction sale. The notice of sale shall describe the impouuded property, state that the same is uuredeellllld, 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 fwrteen (14) days from the date of posting such notices as herein required. SECTION 6. Procedure for Motor Vehicles. When arty motor vehicle has not been redeemed within thirty (:30) days from: ,the date of its iIIIpouuding, it shall be the cll4y of the City Marshall to subnti t to the Texas Highway Department and similar agency of the proper state when the vehicle is from another state, all information in his possession conue1'l:Iing said vehicle and to request that said department supply to hia all information the records of the Department contain on said vehicle. T~atel;r on receipt of such information from said Department the City Marshall shall notify the owner and lienholders as shown b;r the records of said department b;r registered mail with return receipt requested that said vehicle has been impounded and of the proVisions of this Ordinance in regard to redemption and sale of illlpOUDliilld property. In the event a motor vehicle has not been redeemed within fifteen (15) da.;rs from the receipt of the return receipt or notice of non-delivery of said registered mail, the City Marshall shall prepare a notice of sale of such vehicle, in the -l'lDoe1" described in the preceding section, shall send a COPY' of snd notice to owner 8Z1d lienholders, as shown "" the reoerds of said Highway Department, b;r registered mail, and Shall post and advertise said notices in the _ required in the pre..M4..g section. Notice b;r registered mail to the address shown on the records of said Highway Department shall constitute notice of the pending sale of such owner and lienholders. When the City Marshall is unable to ascertain the _s of the owner and lienholders, and the motor vehicle has not been redeellllld 1d.thin forty-five (1+5) da.;rs from its impounding, no notice of sale other than posting and advertising as herein prescribed shall be required. SECTION 7. Sale of Property When arty impounded property, includ:l.ng motor vehicles, is not redeemed b;r the date and time designated in said notice of sale, the City Marshall shall sell such property at public auction, and , as City Auotioneer, shall execute bill of sale of said property to the purchase thereof; proVided, he shall not execute or deliver arty but a collditional bill of sale unless and until the title of said ~ has become absolute by an expiration of thirty (:30) days in time, exclusive of the day of sale, without being redEo--c1 b;r the owner of the impounded property. SECTION 8. Disposal of Proceeds of Sale After deducting the impounding fee and all other actual expenses incurred b;r the City in impounding, storing, and SA' 14 ..g ct' said property, as (2). . . '. . . determined by the City Marshall, not to exceed a reescmable amount for each impoU11ded article, he shall pay the balance of the proceeds of such sale, if arty, 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 (6) months after such auction sale, the owner may apply" in 'lIrit1ng to the City Marshall, and upon satisfactory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the City Treasury. SECTION 9. Juuk Impounded property which is offered for sale at public auction in accor- dance with the procedure herein prescribed 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 OrdinlI.nce. SECTION 10. Records and Fees (a) The City Marshall shall keep a Record Book which shall contain: a description of all property impounded, the date and time of such impouuding, the date notices of sale were posted and advertised and mailed to owners and lienholders, the return of recsipts of registered notices, the date of the sale at auction, the amount realized for each article at S11ch 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 Ordinance and. shall be paid into the City Treasury. 1. For taking and impounding arty personal property - Three dollars (3.00) 2. For preparing advertisl!iments of sale for each article - Fifty cents, ($.50) 3. For selling each article - Fifty cents, (~) 1+. For posting notices of sale relating to any one article - Fifty cents, ($.50) SECTION ll. Ordinance C1mmlative, Etc. This ordinance shall be and is hereby declared to be CI1IIIUl.ative of all other ordinances of the City of Schertz affecting traffic and shall not operate to repeal arty such ordinance or ordinances, except insofar as the provisions of arty S11ch ordinance or ordinances are inconsisteBt or in conf11ct with the provisions of this ordinance, in which instaDce or instances, these provisions shall be and are hereby repealed. SECTION 12. Imalidity :IiI arty section or provision or part thereof, in this ordinance shall be adjudged inValid or unconstitutional by any court of competent jurisdiction, S11ch edjudication shall not affect the validity of this ordinllnce as a whole or arty section or provision thereof not adjudged inValid or wean- stitut.ional. '"' ",:. (:3). . It'\ '! . . .. ....... .;t ~ ....... .g ~ 0 'a ~ ~ II) ~ ~ . i ., 1 1 . II) "* :: .. , 1: ~ G) ~ . '"'l . .