As used in this article:
A passenger car or truck that is at least 25 years old.
Any motor vehicle as defined in chapter 683 of the Transportation
Code, subchapter E, section 683.071, Vernon's Texas Civil Statutes,
as amended:
A vehicle that is self-propelled and:
For purposes of this article, "junked vehicle" includes a motor
vehicle, aircraft, or watercraft. This article applies only to:
A motor vehicle that displays an expired license plate or does
not display a license plate;
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
A person who:
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 2023-O0070 adopted 6/27/2023)
The administration and enforcement of this article shall be
the responsibility of the director of code enforcement, his assistants
or designated city employees and such persons shall have the powers
stated in subchapter E of chapter 683 of the Texas Transportation
Code, as may be amended.
(Ordinance 2023-O0070 adopted 6/27/2023)
The employees of the code enforcement department may enter private property to examine a public nuisance, as described in section 34.06.009, to obtain information to identify said nuisance, and to remove or direct the removal of said nuisance.
(Ordinance 2023-O0070 adopted 6/27/2023)
This article shall 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 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:
(Ordinance 2023-O0070 adopted 6/27/2023)
Nothing in this article shall affect ordinances or state statutes
that permit immediate removal of a vehicle left on public property
which constitutes an obstruction to traffic.
(Ordinance 2023-O0070 adopted 6/27/2023)
(a)
Junked vehicles, as defined in this article, 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 city by producing urban blight which is adverse to
the maintenance and continuing development of the city; and such vehicles
are, therefore, declared to be a public nuisance.
(b)
This declaration is made pursuant to Texas Transportation Code
chapter 683, subchapter E. This division adopts municipal procedures
that conform to Texas Transportation Code chapter 683, subchapter
E for the abatement and removal from private or public property or
a public right-of-way of a junked vehicle or part of a junked vehicle
as a public nuisance.
(Ordinance 2023-O0070 adopted 6/27/2023)
(a)
Prior to any official action being taken to abate and remove
a junked vehicle, from private or public property or a public right-of-way,
the director of code enforcement shall send written notice, by certified
mail with a five-day return requested, or delivered by the United
States Postal Service with signature confirmation service, to:
(b)
Such notice shall state:
(1)
The nature of the public nuisance and the nuisance must be abated
and removed not later than the tenth (10th) day after the date on
which the notice was personally delivered or mailed;
(2)
Any request for a hearing must be made before that 10-day period
expires; and
(3)
That the director of code enforcement of the City of Lubbock
will seek an order from the permit and license appeal board requiring
the removal of such junk vehicle.
(c)
If the post office address of the last known registered owner
of the nuisance is unknown, notice may be placed on the nuisance or,
if the owner is located, personally delivered.
(d)
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 the return.
(Ordinance 2023-O0070 adopted 6/27/2023)
The relocation of a junked vehicle that is a public nuisance
to another location within the city limits 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.
(Ordinance 2023-O0070 adopted 6/27/2023)
(a)
A public hearing prior to the removal of a junk vehicle or part
thereof under this article as a public nuisance, shall be held before
the permit and license appeal board, when such a hearing is requested
by the owner or occupant of the public or private premises on which
said vehicle is located, or by the owner or occupant of the premises
adjacent to the public right-of-way.
(1)
The hearing shall be held not earlier than the eleventh (11th)
day after the date of the service of notice to abate the nuisance.
(2)
At the hearing, the junked motor vehicle is presumed, unless
demonstrated otherwise by the owner, to be inoperable.
(3)
The director of code enforcement, on behalf of the city, shall
request that the permit and license appeal board enter an order requiring
the owner or other responsible person for such junk vehicle remove
said vehicle, and further ordering and authorizing the City of Lubbock
to remove said vehicle in the event said vehicle is not removed by
the owner or other responsible person within five (5) days from the
date of said order.
(b)
In the event such junk vehicle has not been removed and the public nuisance abated after due notice as set forth in section 34.06.007 of this article, a public hearing shall be held before the permit and license appeal board prior to the removal of a junk vehicle or part thereof under this article as a public nuisance.
(c)
At every public hearing held by the permit and license appeal
board, the board shall in each case determine the following:
(1)
Whether or not the vehicle in question is a junk vehicle as defined in section 34.06.001 of the Code of Ordinances of the City of Lubbock.
(2)
That the vehicle in question is not excepted from the provisions of this article by section 34.06.004 of the Code of Ordinances of the City of Lubbock.
(3)
That the vehicle constitutes a public nuisance as set forth in section 34.06.006(a) of the Code of Ordinances of the City of Lubbock and should be abated.
(d)
The failure to abate and remove the nuisance or failure to attend
the hearing after notice constitutes a waiver by the owner and lienholders
of all right, title and interest in the vehicle and their consent
to disposal of the junked vehicle in accordance with the provisions
of Texas Transportation Code chapter 683, subchapter E.
(e)
The person in whose name a junked vehicle is last registered
shall be presumed to be the owner and person in control of such vehicle
for purposes of prosecution under this article. Proof of ownership
may be made by production of a copy or facsimile of the registration
of a vehicle with the state department of transportation or the county
motor vehicle licensing department or any other licensing authority
showing the name of the person to whom the license plates for the
vehicle were issued. This proof shall constitute prima facie evidence
of the fact that the person to whom such certificate of registration
was issued was the owner and person in control of the junked motor
vehicle determined to be a public nuisance. This presumption may be
rebutted by competent evidence.
(f)
In every case where the permit and license appeal board finds that the factors set forth in subsection (c) of this section exist, the board shall issue its order authorizing and requiring the director of code enforcement of the city to remove the vehicle in question. If the information is available at the location of the nuisance, an order requiring removal of the nuisance must include:
(Ordinance 2023-O0070 adopted 6/27/2023)
The permit and license appeal board designated by the city council
may adopt such rules governing the procedures for the conduct of hearings
undertaken by said board not inconsistent with the terms of this article.
(Ordinance 2023-O0070 adopted 6/27/2023)
(a)
If the permit and licensee appeal board orders removal of the
public nuisance, the city or any duly authorized person may abate
such nuisance by removal and disposal of the junked vehicle in accordance
with the provisions of Texas Transportation Code chapter 683, subchapter
E.
(b)
Notice shall be given by the city to the Texas Department of
Transportation within five (5) days after the removal of and orders
for disposal are issued for such junked vehicle, identifying the vehicle
or part thereof.
(c)
Junked vehicles or parts thereof may be disposed of by removal
to a scrapyard, demolishers or any suitable site operated by the city
for processing as scrap or salvage in accordance with the subchapter
E of chapter 683 of the Texas Transportation Code, as may be amended.
(d)
Junked vehicles which have been removed pursuant to this article
shall not be reconstructed or made operable.
(Ordinance 2023-O0070 adopted 6/27/2023)
If within ten (10) days after receipt of notice from the director
of code enforcement and/or his employees, or his duly authorized agent,
to abate the nuisance, as herein provided, the owner or occupant of
the premises shall give his written permission to the director of
code enforcement and/or his employees or his duly authorized agent
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.
(Ordinance 2023-O0070 adopted 6/27/2023)
(a)
A person commits an offense if the person maintains, permits, or allows a public nuisance described by section 34.06.006(a) of this code.
(b)
Whenever such a public nuisance is found to exist within the
city, the city may, without notice, pursue the filing of an immediate
criminal complaint against the person or persons in violation of this
section.
(c)
An offense under this section is a misdemeanor punishable by
a fine not to exceed $200.00.
(d)
Upon conviction, the court shall, in connection with its guilty
finding, enter an order directing the guilty party to abate and remove
the public nuisance which was the subject of the criminal complaint.
Any order so entered shall take effect immediately upon conviction
becoming final. If abatement is not accomplished as ordered by the
court, the city is authorized to abate the nuisance and assess the
reasonable costs of abatement against the guilty party.
(Ordinance 2023-O0070 adopted 6/27/2023)
