When not inconsistent with the context, words used in the present tense shall include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Antique auto.
A passenger car or truck that is at least twenty-five (25) years old.
Collector.
The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
Junked motor vehicle.
Any motor vehicle as defined in Transportation Code subchapter E, section 683.071, as amended, that:
(1) 
Is a vehicle that is self-propelled and does not have lawfully attached to it both an unexpired license plate and a valid motor vehicle inspection certificate; and
(2) 
Is wrecked, dismantled or partially dismantled, or discarded; or inoperable and has remained inoperable for more than seventy-two (72) consecutive hours, if the vehicle is on public property; or
(3) 
Remains inoperable for thirty (30) consecutive days, if the vehicle is on private property.
Special interest vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(Ordinance 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-56)
A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right-of-way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance. This section shall not apply with regard to:
(1) 
A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it 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 a business of a licensed vehicle dealer or a licensed junkyard; or
(3) 
Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner 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 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-57)
(a) 
For abatement and removal of a public nuisance from private property, public property or public right-of-way within the city, the city manager or his designee shall send notice to the owner of the junked motor vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right-of-way on which the nuisance exists. The notice shall state the following:
(1) 
The nature of public nuisance;
(2) 
That it must be removed and abated within ten (10) days;
(3) 
That if a hearing is desired before the removal of that vehicle or vehicle part, a request for such hearing shall be made before expiration of the ten-day period; and
(4) 
That the owner shall request, either in person or in writing, to the city manager or his designee to set a date and time of hearing.
(b) 
The notice must 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 of the private property, public property, or public right-of-way on which the public nuisance exists. If any notice is returned undelivered by the United States post office, official action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(c) 
The procedures shall provide that the relocation of a junked vehicle that is a public nuisance to another location in the same city or county after a proceeding for the abatement and the 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.
(d) 
If the property owner or occupant commits another violation of the same kind or nature that poses a danger to the public health and safety within a twelve-month period from the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within a twelve-month period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action as provided by subsections (a)(1) and (2) and assess its expenses as provided by section 342.007 of the Health and Safety Code.
(Ordinance 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-57; Ordinance 07-028, sec. 11, 3/27/07)
(a) 
Generally.
If a hearing is requested it shall be held not earlier than the 11th day after the date of the service of notice. A public hearing must be held before the vehicle or vehicle part is removed. The hearing shall be held before the municipal magistrate as provided herein.
(b) 
Determination; abatement.
The municipal magistrate shall conduct hearings brought before said court, as set out herein, and shall determine whether the defendant is in violation of this article. Upon a finding that said defendant is in violation of this article, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision set forth in this code, section 1.01.009. The magistrate shall further order such defendant to remove and abate said nuisance within ten (10) days, the same being a reasonable time. If the defendant shall fail and refuse, within said ten (10) days, to abate or remove the nuisance, the magistrate may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as required by law.
(c) 
Compliance.
If, within ten (10) days after receipt of notice from the city manager or his designee to abate the nuisance, as herein provided, the owner of the junked motor vehicle or owner or occupant of the premises shall give his written permission to the city manager or his designee for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this article.
(d) 
Failure to comply; filing a complaint.
If a hearing is not requested within the ten-day period provided by subsection (c) and the nuisance is not removed and abated by the persons notified, the city shall request of the magistrate an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The city manager or his designee shall, thereafter, dispose of said junked motor vehicle in such manner as required by law.
(e) 
Removal when owner unknown.
If there is a junked motor vehicle, as herein defined, on any premises, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove same, then, upon a showing of such facts to the municipal magistrate, the court may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and correct identification number and license number if the information is available at the site. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as required by law.
(f) 
Notice to state department of transportation.
Within five (5) days after the date of removal of any vehicle under this section, notice shall be given to the state department of transportation. Said notice must identify the vehicle or vehicle part thereof removed.
(g) 
Reconstruction after removal.
After a vehicle has been removed, it shall not be reconstructed or made operable.
(h) 
Administration of section.
This section will be administered by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.
(Ordinance 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-59)
The owner of a junk motor vehicle which is exempt from this article by section 12.06.002(2) shall be required to comply with the licensing and other requirements of this section. The word “person,” as used herein, shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
(1) 
It shall be unlawful for any person to keep junk motor vehicles which are exempt under section 12.06.002(2) without first having obtained a license for each such location from the city manager or his designee in accordance with the provisions of this section.
(2) 
An applicant for a license under this division shall file with the city manager or his designee a written application provided by the city and signed by the applicant.
(3) 
All licenses shall be permanent unless revoked as provided herein. A one-time license fee as listed in the fee schedule of this code shall be submitted with the application to the city. No fee will be required of an applicant which is exempt from ad valorem taxation as an institution of purely public charity.
(4) 
A license issued hereunder shall be automatically void if the licensee does not operate the licensed business for a continuous period of two (2) years.
(Ordinance 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-60; Ordinance 07-028, sec. 12, adopted 3/27/07; Ordinance 25-008 adopted 2/18/2025)
(a) 
The license issued pursuant to this division shall be plainly displayed on the business premises.
(b) 
The business premises, together with all things kept therein, shall at all times be maintained in a sanitary condition.
(c) 
No space not covered by the license shall be used in the licensed business.
(d) 
No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
(e) 
Weeds and other uncultivated growth on the premises, other than trees, shrubs and bushes, shall be kept at a height of not more than twelve (12) inches.
(f) 
No property of the licensee shall be allowed to rest on or protrude over any public street or right-of-way, walkway or curb, or become scattered or blown off the business premises.
(g) 
The property of the licensee shall be arranged so as to permit easy access for firefighting purposes.
(h) 
No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises, nor shall the premises be allowed to become a fire hazard.
(i) 
The area of the premises where junk motor vehicles exempted under section 12.06.002(2) are kept which is visible from a public right-of-way and which fronts on a public right-of-way shall be screened with an eight-foot opaque vertical masonry wall or wood board fence unless there is existing, at the time this division is passed, a fence of any type which is made opaque within sixty (60) days of the date of this division. A chain-link fence with slats in each link will be considered to be opaque for purposes of this section. Every twenty-five (25) feet along the wall or fence a tree shall be planted and maintained. The trees shall be at least two (2) inches in caliper and six (6) feet in height or greater at planting and shall be within ten (10) feet of the wall or fence. Construction shall be in accordance with the standards as approved by the building official of the city. Such fences and walls shall be maintained in good repair and shall be kept vertical, uniform and structurally sound. No fence shall be required should a one-hundred-foot buffer exist between all public rights-of-way and storage of junk so long as the trees required herein are planted, existing and maintained.
(j) 
The licensee shall permit inspection of the business premises by the city manager or his duly authorized agent at any reasonable time.
(Ordinance 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-61; Ordinance 07-028, sec. 13, adopted 3/27/07)
(a) 
The city manager or his designee, prior to revocation of any license issued hereunder, shall give written notice to the holder of said license. Such notice shall contain the reason for the proposed revocation, and provide that the revocation shall be effective fifteen (15) days after notice unless an appeal is filed. The following shall constitute grounds for revocation of the license issued hereunder:
(1) 
The licensee has violated any provision of this article;
(2) 
The licensee has obtained his license through fraud, misrepresentation or misstatement;
(3) 
The licensed business or activity is being conducted in a manner detrimental to the health, safety, or general welfare of the public, or is a nuisance, or is being operated or carried on in any unlawful manner;
(4) 
The licensed business or activity is no longer being operated on this licensed premises.
If a license is revoked, the owner and/or occupant of the vehicle storage facility has sixty (60) days to remove or abate all junked vehicles, including parts of a junked vehicle. If the owner or occupant of the vehicle storage yard fails or refuses to remove all junked vehicles and parts of a junked vehicle within the sixty (60) day period, the city may file charges with municipal court and may clean the property and charge the expense thereof to the person who had a license on the property.
(b) 
Appeal of the revocation or refusal to grant a license hereunder shall be made in writing to the city manager within fifteen (15) days after notice of revocation or refusal to grant or renew a permit. The city shall appoint a hearing officer to hear said appeal if such request was timely. Revocation shall be suspended pending hearing by the hearing officer and such hearing shall be held within thirty (30) days of the date of receipt of the request for hearing. The substantial evidence rule shall apply, and the decision of the hearing officer shall be final.
(Ordinance 03-023, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-62)