A junked vehicle, including part of a junked vehicle, which
is visible from a public place or public right-of-way:
(1)
Is detrimental to the safety and welfare of the public;
(2)
Tends to reduce the value of private property;
(3)
Creates a fire hazard;
(4)
Is an attractive nuisance creating a hazard to the health and safety
of minors;
(5)
Produces urban blight adverse to the maintenance and continuing development
of municipalities; and
(6)
Is a public nuisance.
(2002 Code, sec. 8.306)
The city may summarily abate any nuisance caused by a junked
vehicle pursuant to the following procedures:
(1)
Whenever the city determines that a public nuisance exists under this division, it shall send written notice by registered or certified mail, return receipt requested with a five-day return requested, and the information required in subsection (2) hereof, to the last known registered owner of the vehicle and each lienholder of record, and the owner or occupant of the property on which the nuisance is located, or, if the nuisance is located on public property or a public right-of-way, the property adjacent to the public property or public right-of-way.
(2)
If the address of the last known registered owner of the junked vehicle
is unknown, notice shall be securely affixed to the windshield or
other conspicuous place on the vehicle, or, if the owner is located,
hand-delivered to the owner, and the notice shall state:
(A)
The name and telephone number of the affixing agent;
(B)
“NOTICE: This vehicle has been declared a nuisance and must
be abated and removed not later than ten (10) days from the date of
this notice; if this nuisance is not abated and removed by that time,
the city will summarily dispose of the vehicle; the owner or lienholder
has a right to a hearing, but the request for this hearing must be
made before the 10-day period expires.”
(3)
If notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the 11th day after the date
of return.
(2002 Code, sec. 8.307)
(a)
The city municipal court judge shall conduct hearings under this
article.
(b)
If a hearing is requested by a person for whom notice is required under section 26.04.082, the hearing shall be held not earlier than the 11th day after the date on which the notice was mailed or affixed to the vehicle.
(c)
At the hearing, the junked vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(e)
The relocation of a junked vehicle that is a public nuisance to another
location after a proceeding for the abatement and removal of the public
nuisance has commenced has no effect on the proceeding if the junked
vehicle constitutes a public nuisance at the new location.
(2002 Code, sec. 8.308)
(a)
If authorized by a resolution or order made following a hearing as
provided above, a junked vehicle, including any part of a junked vehicle,
may be removed to a scrap yard, a motor vehicle demolisher, or a suitable
site operated by any municipality or county. Any such disposal shall
comply with the applicable provisions of chapter 683 of the Texas
Transportation Code, as amended, and with all applicable rules adopted
by the state department of transportation.
(b)
After a vehicle has been removed pursuant to this section, it shall
not be reconstructed or made operable by any person.
(c)
Notice shall be given to the state department of transportation within
five days after the date of removal identifying the vehicle or part
thereof.
(d)
Failure to abate the nuisance or failure to attend the hearing after
notice constitutes waiver by the owner and lienholders of all right,
title, and interest in the vehicle or parts thereof, and their consent
to disposal of the junked vehicle by the city.
(2002 Code, sec. 8.309)
The city may enter upon private property for the purposes specified
in this division to examine vehicles or parts thereof, to obtain information
as to the identity of vehicles and to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant to
this division. The municipal court of the city or a justice court
of the county shall have authority to issue all orders necessary to
enforce this division.
(2002 Code, sec. 8.310)
This division does not apply to a vehicle or vehicle part:
(1)
That is completely enclosed in a building in a lawful manner and
is not visible from the street or other public or private property;
or
(2)
That is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer, or legitimate
motor vehicle, watercraft, or outboard motor repair or service facility
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 any part and the outdoor storage area, if any, are:
(2002 Code, sec. 8.311)
(a)
A person commits an offense if the person maintains a public nuisance described in section 26.04.081. Each day an offense occurs shall be a separate offense.
(b)
An offense under this division is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(c)
The municipal court of the city shall order abatement and removal
of the nuisance upon conviction.
(d)
Any person violating this division is subject to a suit for injunction
as well prosecution for criminal violations.
(2002 Code, sec. 8.312)
