The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned motor vehicle
means a motor vehicle that is inoperable and more than five (5) years old and left unattended on public property for more than forty-eight (48) hours or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours or a motor vehicle which has remained on private property without the consent of the owner or person in control of such property for more than forty-eight (48) hours or a motor vehicle left unattended on the right-of-way of a designated county, state or federal highway within this state for more than forty-eight (48) hours or for more than twelve (12) hours on a turnpike project constructed and maintained by the state turnpike authority.
Antique auto
means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five (35) years old.
Junked vehicle
has the same definition as established in section 683.071 of the Texas Transportation Code.
Motor vehicle
means a motor vehicle subject to registration under the Certificate of Title Act, V.T.C.A., Transportation Code, chapter 501, except that for purposes of sections 8.05.002 and 8.05.003, "motor vehicle" includes a motorboat, outboard motor or vessel subject to registration under V.T.C.A., Parks and Wildlife Code section 31.001 et seq.
Special interest vehicle
means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists.
(Ordinance 1998-05-0014, sec. 4-6, adopted 3/9/98; Ordinance 2007-04-119 adopted 3/20/07; Ordinance adopting Code)
The police department may take into custody an abandoned motor vehicle found on public or private property.
(Ordinance 1998-05-0014, sec. 4-7, adopted 3/9/98)
When an abandoned motor vehicle is taken into custody, the police department 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, chapter 501, or V.T.C.A., Parks and Wildlife Code 31.001 et seq., that [the vehicle has been taken into custody. The notice shall set forth] the vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, and inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth (20th) day after the date of the 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 chapter 683 of the Texas Transportation Code.
(Ordinance 1998-05-0014, sec. 4-8, adopted 3/9/98)
(a) 
Authorized.
The city may abate and remove a junked vehicle or a part of a junked vehicle as a public nuisance from private property, public property or public rights-of-way as provided in this section.
(b) 
Notice to remove vehicle on private property.
For such nuisance on private property, the city shall give not less than ten (10) days' notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten (10) days and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant or occupant [sic] of the private premises on which the public nuisance exists. If any notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return.
(c) 
Notice to remove vehicle on public property.
For such nuisance on public property, the city shall give not less than ten (10) days' notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant or occupant [sic] of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return.
(d) 
Vehicles not to be made operable after removal.
The vehicle may not be reconstructed or made operable after it has been removed.
(e) 
Hearing.
A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the city council or official as designated by the city council, if a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance. A resolution or order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.
(f) 
Notice to state department of transportation.
Notice shall be given to the state department of transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle or vehicle part. The department shall immediately cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act, V.T.C.A., Transportation Code, chapter 501.
(g) 
Exceptions.
The procedures in this section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
(Ordinance 1998-05-0014, sec. 4-9, adopted 3/9/98)
A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site operated by the city for processing as scrap or salvage. The process of disposal must comply with the provisions of section 8.05.004. The city may transfer the vehicle or vehicle parts to a disposal site if the disposal is only as scrap or salvage.
(Ordinance 1998-05-0014, sec. 4-10, adopted 3/9/98)
The person authorized by the city council to administer the procedures authorized by this article may enter private property for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance.
(Ordinance 1998-05-0014, sec. 4-11, adopted 3/9/98)