[1]
State law references–Regulation of abandoned and junked
motor vehicles, V.T.C.A., Transportation Code, sec. 683.001 et seq.; junked
vehicles, V.T.C.A., Transportation Code, sec. 683.071 et seq.
As used in this article, the following terms shall have the
respective meanings ascribed to them:
A passenger car or truck that is at least 25 years old.
The City of Cedar Park Code Enforcement Division, including
its employed individual officers.
Any person whose business is to convert a motor vehicle into
processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
Any motor vehicle not capable of self-propelled movement,
operation, and function.
A vehicle that is self-propelled and:
Any motor vehicle subject to registration pursuant to the
Texas Certificate of Title Act.
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 thereof for personal use to restore and preserve
an antique or special interest vehicle for historic interest.
The City of Cedar Park Police Department, including its employed
individual peace officers.
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 CO64-12-09-27-C1 adopted 9/27/12)
The City Manager or their designee shall direct administration
of this article by regularly salaried employees of the city, except
that any authorized person may be directed to remove junked vehicles
or parts thereof.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
The police department, code enforcement division, or other duly
authorized agent responsible for enforcing this article may enter
upon private property for the purposes specified in this article and
to examine vehicles or parts thereof, 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, in accordance with this
article, and to serve such necessary orders and to execute such necessary
instruments in order to obtain possession of and/or convey title to
such vehicle or parts thereof.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
Pursuant to Texas Transportation Code, section 683.072, as amended,
junked vehicles, including parts thereof, which are visible from a
public place or public right-of-way are detrimental to the safety
and welfare of the general public, tending to reduce the value of
private property, to invite vandalism, to create fire hazards, to
constitute an attractive nuisance creating a hazard to the health
and safety of minors, and are detrimental to the economic welfare
of the state, by producing urban blight which is adverse to the maintenance
and continuing development of the municipalities in the state, and
such vehicles are therefore declared to be a public nuisance.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
It shall be unlawful to place, maintain, or permit to remain
upon public or private property within the city any junked vehicle
or part thereof. An offense under this article shall be a misdemeanor
punishable by a fine not to exceed $200.00, as provided by Texas Transportation Code, section 683.073, as amended.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
(a)
Upon
complaint or observation that a nuisance, as defined herein, exists
in the city, the police department, code enforcement division, or
other duly authorized agent responsible for enforcing this article
shall give or cause to be given to the person maintaining or suspected
of maintaining such nuisance, a written notice stating the nature
of the public nuisance, its location, and that it must be removed
and abated by the tenth (10th) day after the date on which the notice
was personally delivered or mailed; and further, that a request for
hearing to contest the alleged violation must be made in writing before
the expiration of said ten-day period. Such notice shall be personally
delivered or sent by certified mail with a five-day return requested,
or delivered by the United States Postal Service with signature confirmation
service to:
(1)
The last known registered owner of the alleged junked vehicle;
(2)
Each lienholder of record; and
(3)
The owner or occupant of the private property on which the alleged
junked vehicle is located, or if the alleged junked vehicle is located
on a public right-of-way, of the property adjacent to the public right-of-way.
(b)
If
any notice is returned undelivered by the United States Postal Service,
official action to abate said nuisance shall be continued to a date
not earlier than the eleventh (11th) day after the date of the return.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
(a)
If requested in writing within ten (10) days by any person receiving notice, as provided in section 8.05.006, a public hearing shall be held before the judge of the municipal court of the city. At the hearing, the alleged junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. The relocation of an alleged junked vehicle to another location in the city has no effect if the junked vehicle constitutes a public nuisance at the new location.
(b)
If
the judge finds that a public nuisance exists, the judge shall order
the owner of the vehicle or the owner or occupant of the premises
upon which the vehicle is located to abate and remove such junked
vehicle within ten (10) days after the order is given. Such order
shall include the vehicle’s description, vehicle identification
number, and license plate number, if available.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
In the event any person receiving notice fails to request a public hearing as provided in section 8.05.006, it shall be the duty of such person to remove and abate such nuisance within the ten-day period. After a vehicle has been removed in accordance with or under the terms and provisions of this section, it shall not be reconstructed or made operable.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
(a)
If, after the expiration of the ten (10) days provided in the notice under section 8.05.006 with no request for a hearing, or after the expiration of ten (10) days from the date of the municipal court judge’s order under section 8.05.007 for the removal and abatement of the public nuisance, such nuisance has not been removed or abated, the police department, code enforcement division, or other duly authorized agent responsible for enforcing this article may remove or cause to be removed the junked vehicle which was the subject of such notice or order.
(b)
Notice
identifying the junked vehicle or part thereof shall be given to the
state department of motor vehicles not later than the fifth (5th)
day after the date of removal.
(c)
A
junked vehicle, including a part of a junked vehicle, may be removed
to a scrap yard, a motor vehicle demolisher, or a suitable site operated
by the city.
(d)
Any
proceeds from the city’s removal of a junked vehicle or part
thereof pursuant to this section shall be applied to reimburse the
city for all costs incurred in the investigation, notification, hearing,
and removal procedures under this article.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
This article shall not apply to:
(1)
A
vehicle or part thereof which is completely enclosed within a building
in a lawful manner and is not visible from the street or other public
or private property;
(2)
A
vehicle or part thereof which is stored or parked in a lawful manner
on private property in connection with the business of a licensed
vehicle dealer or junkyard if the vehicle or part and the outdoor
storage area are maintained in an orderly manner, not a health hazard,
and screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery; or
(3)
A
licensed antique or special interest vehicle or part thereof stored
by a motor vehicle collector on the collector’s property, if
the vehicle or part and the outdoor storage area are maintained in
an orderly manner, not a health hazard, and screened from ordinary
public view by appropriate means, including a fence, rapidly growing
trees, shrubbery, or a fitted car cover manufactured for such purpose,
concealing the entire body of the motor vehicle, and being secured
to the motor vehicle by elastic, velcro, ties, or other similar means.
(Ordinance CO64-12-09-27-C1 adopted 9/27/12)
