This article may be cited as the junked vehicle ordinance.
(1999 Code, sec. 7.101)
The following terms, whenever used or referred to in this article,
shall have the same respective meaning unless a different meaning
clearly appears from the context:
Inoperable.
Incapable of being propelled on its own power.
Junked vehicle.
(1)
A vehicle that is:
(B)
Is:
(i)
Wrecked, dismantled or partially dismantled, or discarded; or
(ii)
Inoperable and has remained inoperable for more than:
a.
Seventy-two (72) consecutive hours, if the vehicle is on public
property; or
b.
Thirty (30) consecutive days, if the vehicle is on private property.
(2)
For purposes of this article, “junked vehicle” includes
a motor vehicle, aircraft, or watercraft. This subsection applies
only to:
(A)
A motor vehicle that displays an expired license plate or does
not display a license plate;
(B)
An aircraft that does not have lawfully printed on the aircraft
an unexpired federal aircraft identification number registered under
Federal Aviation Administration aircraft registration regulations
in 14 C.F.R. part 47; or
(C)
A watercraft that does not have lawfully on board an unexpired
certificate of number and is not a watercraft described by section
31.055, Texas Parks and Wildlife Code.
Motor vehicle collector.
A person who owns one or more antique or special interest
vehicles and acquires, collects, or disposes of an antique or special
interest vehicle or part of an antique or special interest vehicle
for personal use to restore and preserve an antique or special interest
vehicle for historic interest.
Special interest vehicle.
A motor vehicle of any age that has not been changed from
original manufacturer’s specifications and, because of its historic
interest, is being preserved by a hobbyist.
(Ordinance 17-0413 adopted 4/13/17)
A junked vehicle, including a part of a junked vehicle, that
is visible at any time of the year from a public place or public right-of-way:
(1) Is
detrimental to the safety and welfare of the general public;
(2) Tends
to reduce the value of private property;
(5) Constitutes
an attractive nuisance creating a hazard to the health and safety
of minors;
(6) Produces
urban blight adverse to the maintenance and continuing development
of municipalities; and
(1999 Code, sec. 7.103)
(a) The owner of a vehicle or the owner or occupant of the premises where the vehicle is located or the premises adjacent to the public right-of-way where the vehicle is located may, within the 10-day period after the notice required by section
8.03.004(b) is served, file a written request with the municipal court clerk to set a date and time to appear before the town council for a public hearing to determine whether the vehicle, or part of a vehicle, is a junked vehicle. If a hearing is requested within the 10-day period after the notice required by section
8.03.004(b) is served, the junked vehicle shall not be abated by the town until ordered to do so by the town council. If timely requested, the hearing shall be held not earlier than the 11th day after the date the notice required by section
8.03.004(b) is served.
(b) At
the public hearing, the town council shall hear and consider all relevant
evidence, objections or protests and shall receive testimony from
owners, witnesses, town employees and interested persons relative
to such alleged public nuisance. The hearing may be continued from
time to time.
(c) At
a hearing under this section concerning a motor vehicle, the motor
vehicle is presumed, unless demonstrated otherwise by the owner, to
be inoperable.
(d) At
the conclusion of a hearing under this section, the town council shall
consider all evidence and determine whether the vehicle, or part of
a vehicle, constitutes a junked vehicle and a public nuisance as alleged.
If the town council finds that the vehicle, or part of a vehicle,
is a junked vehicle and a public nuisance, that there is sufficient
cause to abate the public nuisance, and that the notice requirements
provided in this article have been met, the town council shall make
a written order setting forth its findings and ordering that the junked
vehicle and public nuisance be abated.
(e) If
the information is available at the location of the junked vehicle
and nuisance, the order requiring removal of the nuisance must include:
(1) For a motor vehicle, the vehicle’s:
(B) Vehicle identification number; and
(2) For an aircraft, the aircraft’s:
(B) Federal aircraft identification number as described by Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. part
47; and
(3) For a watercraft, the watercraft’s:
(B) Identification number as set forth in the watercraft’s certificate
of number.
(Ordinance 17-0413 adopted 4/13/17)
If no hearing is requested prior to the expiration of 10-day window after the notice required by section
8.03.004(b) is served, or in the event the town council orders abatement of the nuisance, the town administrator, or his designee, or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle in accordance with this article and subchapter E, chapter 683, of the Texas Transportation Code.
(Ordinance 17-0413 adopted 4/13/17)
After any junked vehicle has been removed under the authority
of this article, it shall not be reconstructed or made operable again.
(1999 Code, sec. 7.107)
No later than the 5th day after the date of removal of a junked
vehicle pursuant to this article, notice must be given to the state
department of transportation. Such notice must identify the vehicle.
(1999 Code, sec. 7.108)
After the town has sent notice in accordance with section
8.03.004, the relocation of a junked vehicle that is a public nuisance to another location in the town has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(1999 Code, sec. 7.109)
Any junked vehicle removed by the town or any duly authorized
person pursuant to the authority of this article may be disposed of
by removal and sale to a scrap yard, a motor vehicle demolisher, or
a suitable site operated by a municipality or county. The removal
of a junked vehicle or parts thereof from property may be by any duly
authorized person.
(Ordinance 17-0413 adopted 4/13/17)
The provisions of this article shall not apply to a vehicle
or vehicle part that is:
(1) Completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property; or
(2) Stored
or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or that is
an antique or special interest vehicle stored by a motor vehicle collector
on the collector’s property, if the vehicle or part and the
outdoor storage area, if any, are:
(A) Maintained in an orderly manner;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(1999 Code, sec. 7.111)
If, within the 10-day period after the notice is served in accordance with section
8.03.004, the owner of the junked vehicle or occupant of the premises on which the junked vehicle is located or the property adjacent to the right-of-way where the junked vehicle is located shall give his written permission to the town for removal of the junked vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this article.
(Ordinance 17-0413 adopted 4/13/17)
Nothing in this article shall affect ordinances or other laws
that permit immediate removal of a vehicle left on public property
which is abandoned or which constitutes an obstruction to traffic.
(1999 Code, sec. 7.114)
(a) The
town administrator, or his designee, is authorized to administer the
procedures for the abatement and removal of a public nuisance under
this article.
(b) The
procedures for the abatement and removal of a public nuisance under
this article must be administered by regular salaried, full-time employees
of the town, except that any authorized person may remove the nuisance.
(c) A
person authorized to administer the procedures under this article
may enter private property to examine a public nuisance, to obtain
information to identify the nuisance, and to remove or direct the
removal of the nuisance:
(1) With consent of the owner or person in control of the property;
(2) With a valid warrant issued by a magistrate as defined in Texas Code
of Criminal Procedure article 2.09; or
(3) When the private property is open to the public.
(Ordinance 17-0413 adopted 4/13/17)