§ 6-3-4. Notice of sale.

(A)

When the Midland police department takes into custody an abandoned motor vehicle, it shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record, pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code ch. 501), that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges if notice is under V.T.C.A., Transportation Code § 683.032. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders 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, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for notice by certified mail.

(C)

If an abandoned motor vehicle has not been reclaimed as provided above, then the chief of police shall sell such property. The chief of police shall give ten days' notice of the time and place of the sale. He shall also post or have posted at the courthouse door and at or near any regular entrance to the city hall a list of the property to be offered for sale.

(Ord. of 1-3-1952; Ord. No. 6161, 2-8-1983; Ord. No. 6235, 6-28-1983)