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HomeMy WebLinkAboutOrdinance No. 63ORDINANCE NO. AN ORDINANCE FOR THE CITY OF THE COLONY, TEXAS, PROVIDING FOR THE REMOVAL OF ABANDONED PROPERTY; PROVIDING FOR THE SALE OF ABAN- DONED PERSONAL PROPERTY; PROVIDING FOR NOTICE OF SALE; PROVIDING FOR THE DISPOSITION OF PROCEEDS; PROHIBITING THE PURCHASE OF ABAN- DONED PERSONAL PROPERTY BY CITY PERSONNEL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. Any property or obstruction placed, left standing, erected or lying in violation of any ordinance of the City, or left unattended for more than tewnty-four (24) consecutive hours in or on any public street, alley, sidewalk, right-of-way, park or other public place of the City is hereby declared to be a nuisance, and any such property which is so found shall be removed summarily by any police officer of the City and taken to a place designated by the City Manager for safekeeping. Such property shall be kept under the control of the City Manager, or a designated representative until redeemed by the true owner thereof or sold at public auction as provided herein. SECTION 2. The City shall have a lien upon all impounded personal property for all costs incurred in impounding, storing and advertis- ing such property for sale at public auction, and such lien shall be prior and superior to any other lien of any kind which may exist on the property, 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 at public auction as is hereinafter provided. The provisions of this Ordinance shall not apply to motor vehicles which are subject to the Texas Certificate of Title Act. SECTION 3. The owner or any person legally entitled to possession of any impounded property may redeem the same by proof of ownership and by paying to the City secretary the fees and expenses incurred by the City in impounding and keeping the property. SECTION 4. All abandoned property of every kind, and all stolen or recovered property which is not necessary as evidence in a criminal case and which cannot be identified and returned to the owner, which shall remain unclaimed with the Police Department for a period of thirty (30) days may be sold and disposed of at public auction as provided below. SECTION 5. The Chief of Police shall give to the City Manager, or designated representative, a list of all property subject to sale under the provisions of this Ordinance and shall prepare written no- tice of the time and place of a public auction for sale of all pro- perty recovered under this Ordinance. Such notice shall be posted at the City Hall and published once a week for two (2) consecutive weeks in the official newspaper of the City, the date of the first publication to be at least fourteen (14) days prior to the date of the auction sale. In addition, a copy of such notice shall be for- warded by certified mail, return receipt requested, to the last known address of the owner of the property, if known. The notice shall describe generally the property to be sold at the public auction, state that the same is unredeemed and is in the possession of the Chief of Police ane will be sold at public auction or under sealed bid as the City Manager may determine, and shall designate the place, time and date of such sale. SECTION 6. The property sold at public auction or under sealed bid under the provisions of this Ordinance shall be delivered to the purchaser, and if no person bids thereon, such property shall be dis- posed of by the Chief of Pclice in an appropriate manner. In no event may property considered dangerous or contraband in nature be sold or offered for sale at any such public auction. The proceeds of the auction sale or sealed bid sale for such property shall be deposited in the general fund of the City and used to defer the costs of impoundment, storage and sale of abandoned property, and to the extent such proceeds exceed such costs, they shall be a part of the fund and revenues of the City. SECTION 7. It shall be unlawful for any police officer or other elective or appointive officer or employee of the City, either direc- tly or indirectly, to purchase at any sale or acquire in any manner the ownership at such sale of any article of property impounded or offered for sale under the provisions of this Ordinance. SECTION B. The provisions of this Ordinance are severable and should any section, paragraph, sentence, clause or phrase of this Ordinance be held to be invalid for any reason, such determination shall not affect the remaining portions of this Ordinance. SECTION 9. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon con- viction in the Municipal Court for the City of The Colony, shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 10. This Ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. THIS ORDINANCE WAS READN AN OPEN MEETING OF THE CITY COUNCIL r ON THE DAY OF Al 1979. THIS INANCE WAS DULY PASSED ON SECOND READING ON THE DAY OF , 1979. 1 I ATTEST: APPROVED AS TO LEGALITY OF THE FORM: JLJ CITY ATTORNEY Gcuc aC