The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Demolisher
means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
Junked vehicle
means a motor vehicle as defined in V.T.C.A., Transportation Code section 683.071, that:
(1) 
Is self-propelled;
(2) 
Does not have lawfully attached to it:
(A) 
An unexpired license plate; and
(B) 
A valid motor vehicle inspection certificate; and
(3) 
Is:
(A) 
Wrecked, dismantled or partially dismantled or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
If the vehicle is on public property, 72 consecutive hours; or
(ii) 
If the vehicle is on private property, 30 consecutive days.
(1973 Code, sec. 15-49; 1991 Code, sec. 14-71; Ordinance 14-730, sec. 2, adopted 2/13/14; 2007 Code, sec. 16-19)
(a) 
The provisions of this article shall not apply to a vehicle or vehicle part that:
(1) 
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) 
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;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery.
(b) 
In this section:
(1) 
The term “antique vehicle” means a passenger car or truck that is at least 25 years old.
(2) 
The term “motor vehicle collector” means a person who:
(A) 
Owns one or more antique or special interest vehicles; and
(B) 
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.
(3) 
The term “special interest vehicle” means 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.
(1973 Code, sec. 15-50; 1991 Code, sec. 14-72; 2007 Code, sec. 16-20)
This article shall be administered by regularly salaried, full-time employees of this city, except that the removal of vehicles or parts thereof from property may be by any duly authorized person. Any person authorized by the city to administer the provisions of this article may enter upon private property for the purposes specified in this article 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 article.
(1973 Code, sec. 15-51; 1991 Code, sec. 14-73; 2007 Code, sec. 16-21)
Nothing in this article shall affect provisions of this code, state law or city ordinances that permit the immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(1973 Code, sec. 15-52; 1991 Code, sec. 14-74; 2007 Code, sec. 16-22)
A junked vehicle, including a part of a junked vehicle, is declared a public nuisance, that is visible at any time of the year 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) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is an attractive nuisance creating a hazard to the health and safety of minors;
(6) 
Produces urban blight adverse to the maintenance and continuing development of municipalities; and
(7) 
Is a public nuisance.
(1973 Code, sec. 15-53; 1991 Code, sec. 14-75; 2007 Code, sec. 16-23)
(a) 
Issuance of order.
Whenever any public nuisance exists on any premises within this city in violation of this article, the city manager shall order the owner of the premises, if in possession thereof, or the occupant of the premises, whereon such public nuisance exists, to abate or remove the same.
(b) 
Nuisance on private property.
For a nuisance on private property, ten days’ notice shall be given, stating the nature of the public nuisance on private property, that it must be removed and abated within ten days, and that a request for a hearing must be made before expiration of the ten-day period. The notice shall 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 premises 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 less than ten days after the date of the return.
(c) 
Nuisance on public property.
For a nuisance on public property, ten days’ notice shall be given, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten days, and that a request for a hearing must be made before expiration of the ten-day period. The notice shall 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 public premises, or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.
(1973 Code, secs. 15-54-15-56; 1991 Code, sec. 14-76; 2007 Code, sec. 16-24)
If the owner or occupant of the premises whereupon any public nuisance, as defined by this article, is found, fails or refuses to comply with the notice to abate the same or fails to request a hearing as provided by this article within ten days after service thereof, official action shall be taken by the city to abate such nuisance by removal thereof from the subject premises. If within ten days after receipt of notice from the city manager to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the city manager for removal of the nuisance from the premises, the giving of such permission shall be considered compliance with the provisions of this article. All nuisances removed under the terms of this article shall be disposed of in such manner as hereinafter provided.
(1973 Code, sec. 15-57; 1991 Code, sec. 14-77; 2007 Code, sec. 16-25)
(a) 
If the owner or occupant of the public or private premises, or the owner or occupant of the premises adjacent to the public right-of-way, on which a public nuisance is located, so desires, he may, within the ten-day period after service of notice to abate the nuisance, request in writing of the city manager a public hearing to determine whether or not he is in violation of the provisions of this article. Upon receiving a request for a public hearing, the city manager shall set a date and time for such hearing before the city council or any other board, commission or official of the city, as designated by the council, and shall notify the owner or occupant of the subject premises of the place, date and time of such hearing.
(b) 
At such hearing it shall be determined whether or not the owner or occupant of the subject premises is, in fact, in violation of this article. Upon a finding that the owner or occupant is in violation of this article, the owner or occupant shall be ordered to remove and abate the nuisance within ten days, the same being a reasonable time. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site.
(c) 
If the owner or occupant of the subject premises shall fail and refuse, within ten days, to comply with the order or resolution, he shall be deemed guilty of a misdemeanor. Upon such failure to comply, the city shall also have the authority by and through its authorized agents to take possession of and remove such nuisance from the subject premises and dispose of the same, but the city shall not be obligated to do so.
(1973 Code, sec. 15-58; 1991 Code, sec. 14-78; 2007 Code, sec. 16-26)
Junked vehicles or parts thereof may be disposed of by removal to a scrap yard, demolisher or any suitable site operated by the city for processing as scrap or salvage, if such site exists, which process shall be consistent with section 8.07.010. A junked vehicle disposed of to a demolisher, in accordance with this article, shall not be transferred to such demolisher until application has been approved by the state department of motor vehicles as provided in V.T.C.A., Transportation Code section 683.054. The duties of demolishers are outlined in V.T.C.A., Transportation Code section 683.056.
(1973 Code, sec. 15-59; 1991 Code, sec. 14-79; 2007 Code, sec. 16-27)
After a vehicle or part thereof has been removed from the premises upon which it was situated under any provision of this article, it shall not be reconstructed or made operable by any person.
(1973 Code, sec. 15-60; 1991 Code, sec. 14-80; 2007 Code, sec. 16-28)
Within five days after the date of removal of a vehicle under the provisions of this article, notice shall be given to the state department of motor vehicles identifying the vehicle or part thereof in order that the department may forthwith cancel the certificate of title to such vehicle pursuant to V.T.C.A., Transportation Code section 501.1003.
(1973 Code, sec. 15-61; 1991 Code, sec. 14-81; 2007 Code, sec. 16-29)