Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this article but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only, and shall not be used in the interpretation of this
article.
Demolisher.
Any person whose business is to convert the motor vehicle
into processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
Junked vehicle.
A vehicle as defined in the Texas Transportation Code, section
683.071, as amended, that is self-propelled and:
(1)
Does not have lawfully attached to it:
(A)
An unexpired license plate; or
(B)
A valid motor vehicle inspection certificate; and
(2)
Is:
(A)
Wrecked, dismantled or partially dismantled, or discarded; or
(B)
Inoperable and has remained inoperable for more than:
(i)
72 consecutive hours, if the vehicle is on public property;
or
(ii)
30 consecutive days, if the vehicle is on private property.
Motor vehicle collector.
A person who:
(1)
Owns one or more antique or special interest vehicles; and
(2)
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.
Officer.
Any person designated by the city council as authorized to
investigate and enforce suspected violations of city ordinances or
regulations. The term may include the chief of police, a police officer,
a city code enforcement officer, or another person so designated.
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 08-05-27C, sec. II, adopted 5/27/08; Ordinance adopting Code)
The administration of this article shall be 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. Investigations and enforcement actions may be initiated under
this article by any officer, without regard to the officer’s
payroll status, provided that the officer is supervised by a regularly
salaried, full-time employee of the city.
(Ordinance 08-05-27C, sec. XIII,
adopted 5/27/08)
Junked vehicles, including parts of a junked vehicle, that are
visible from a public place or public right-of-way, are detrimental
to the safety and welfare of the general public; tend to reduce the
value of private property; invite vandalism; create fire hazards;
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. As such, these vehicles are,
therefore, declared to be a public nuisance.
(Ordinance 08-05-27C, sec. III,
adopted 5/27/08)
It shall be unlawful for any person, individual, company or
corporation to maintain, possess, or locate any junked vehicle or
parts or portions thereof, within the city, in violation of this article.
(Ordinance 08-05-27C, sec. IV, adopted 5/27/08)
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:
(A) Maintained in an orderly manner;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(Ordinance 08-05-27C, sec. XII,
adopted 5/27/08)
(a) Any
person may file a complaint alleging the existence of a junked vehicle,
or part thereof, as a public nuisance in the city. The complaint must:
(2) Provide sufficient details about the alleged nuisance so that its
location can be determined;
(3) Be signed by the complainant; and
(4) Be filed with the city secretary, municipal court clerk, police chief,
police officer, or city code enforcement officer.
(b) On
his/her own knowledge or on the basis of a written complaint, an officer
shall investigate the alleged existence of a junked vehicle, or part
thereof, on private or public property or a public right-of- way within
the city.
(c) The
officer may enter private property where the alleged junked vehicle,
or part thereof, is located in order to examine the public nuisance,
to obtain information to identify the nuisance and to remove or direct
removal of the nuisance.
(Ordinance 08-05-27C, sec. V, adopted 5/27/08)
(a) If
it is determined by the officer that a nuisance, as defined herein,
exists in the city, the officer shall give notice or cause notice
to be given in writing. The notice shall state: the nature of the
public nuisance; that the nuisance must be removed and abated within
ten (10) days; and further that a request for a hearing must be made
within ten (10) days of receipt of the notice. The notice must be
personally delivered or mailed, by certified or registered mail, return
receipt requested to:
(1) The last known registered owner of the nuisance;
(2) Each lien holder of record of the nuisance; and
(3) The owner or occupant of:
(A) The property on which the nuisance is located; or
(B) If the nuisance is located on a public right-of-way, the property
adjacent to the right-of-way.
(b) The
notice must state that:
(1) 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; and
(2) Any request for a hearing must be made before that ten-day period
expires.
(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 by other means, hand delivered.
(d) If
notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the eleventh (11th) day after
the date of the return.
(e) A
public hearing must be held, prior to the removal of the vehicle or
the part thereof as a public nuisance, before the municipal court
judge, when such hearing is requested by the owner or occupant of
the premises on which said vehicle is located, not earlier than the
eleventh (11th) day after service of notice to abate the nuisance.
At the hearing, the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable. If the information is available
at the location of the nuisance, a resolution or order requiring removal
of the nuisance must include the vehicle’s:
(2) Vehicle identification number; and
(f) If,
after written notice has been given, as described in this section
of this article, and continuing through the hearing, the owner relocates
the junked vehicle, or a part thereof, to another location in the
city, the relocation has no effect on the hearing if the vehicle,
or a part thereof, constitutes a public nuisance at the new location.
(Ordinance 08-05-27C, sec. VI, adopted 5/27/08)
(a) After
the hearing is held by a municipal court judge as herein provided,
if the judge finds that such a nuisance as herein defined exists,
the judge shall order the owner or occupant of the premises on which
said vehicle is located to remove such junked vehicle within ten (10)
days after said order is given to such owner or occupant of the premises
on which said vehicle is located.
(b) It
shall be unlawful and a violation of this article for any such person
to whom such order is given to fail or refuse to comply therewith
to remove such junked vehicle within the time provided by said order.
(Ordinance 08-05-27C, sec. VIII,
adopted 5/27/08)
In the event the owner or occupant of the premises does not
request a hearing, as herein provided, it shall be his duty to comply
with the provisions of the notice given him and to abate such nuisance
within ten (10) days after the date of the receipt of such notice.
(Ordinance 08-05-27C, sec. IX, adopted 5/27/08)
After a vehicle has been removed in accordance with or under
the terms and provisions of this article, it shall not be reconstructed
or made operable.
(Ordinance 08-05-27C, sec. X, adopted 5/27/08)
Notice shall be given by the municipal court judge to the state
department of transportation (“TXDOT”) within five (5)
days after the date of removal identifying the vehicle or part thereof.
(Ordinance 08-05-27C, sec. XI, adopted 5/27/08)
(a) Within
ten (10) days after notice has been delivered to the owner or occupant
of the premises on which a junked vehicle is located if a hearing
is not requested, or if a hearing is requested, within ten (10) days
after an order requiring the removal of such junked vehicle has been
served upon or delivered to the owner or occupant of the premises
on which said vehicle is located, the officer, may, if said nuisance
has not been abated, remove or cause to be removed the vehicle which
was the subject of such notice to a scrap yard, or by the sale to
a demolisher for the highest bid or offer received therefor, outside
of the city.
(b) Such
vehicle shall be stored in such storage area for a period of not less
than ten (10) days during which period any party owning or claiming
any right, title or interest therein shall be entitled to claim possession
of same by the payment to the city the actual cost to the city of
abating such nuisance. The officer may in such cases, if he deems
it necessary, require such person to post bond of not more than $50.00
nor less than $25.00, conditioned that such person will not use said
vehicle to create another nuisance in the city.
(Ordinance 08-05-27C, sec. XIV,
adopted 5/27/08)
(a) If
there is not a bid or offer for the junked vehicle, the officer may
dispose of same by causing it to be demolished or removed by a demolisher
who is willing to do so for the benefit of the junk or parts he can
salvage.
(b) Out
of the proceeds of same the officer shall pay for the cost of removal
and storage and the balance, if any, shall be paid to the person entitled
thereto (the city, the owner or lienholder).
(Ordinance 08-05-27C, sec. XV, adopted 5/27/08)
(a) The
city shall have the power to administer and enforce provisions of
this article as may be required by governing law. Any person violating
any provision of this article is subject to suit for injunctive relief
as well as prosecution for criminal violations.
(b) Any
person violating any provision of this article shall, upon conviction,
be fined a sum not exceeding two hundred dollars ($200.00). Each day
that a provision of this article is violated shall constitute a separate
offense. An offense under this article is a misdemeanor.
(c) Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including but not limited
to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2) A civil penalty up to one hundred dollars ($100.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(Ordinance 08-05-27C, sec. XVI,
adopted 5/27/08)