As used in this article:
Antique vehicle.
A passenger car or truck that is at least twenty-five years old.
Junked vehicle.
Any motor vehicle that is self-propelled and:
(1) 
Displays an expired license plate or does not display a license plate; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
Seventy-two consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty consecutive days, if the vehicle is on private property.
(3) 
For purposes of this article, “junked vehicle” also includes aircraft or watercraft and applies only to:
(A) 
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft regulations in 14 C.F.R. part 47; or
(B) 
A watercraft that does not have lawfully on board an unexpired certificate of number and is not a watercraft described by section 31.055 of the Texas Parks and Wildlife Code.
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.
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.
(2001 Code, sec. 8.201; Ordinance 2015-05 adopted 6/16/15)
(a) 
A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from private property, a public place or a public right-of-way:
(1) 
Is detrimental to the safety and welfare of the general public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates fire hazards;
(5) 
Constitutes 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 the city; and
(7) 
Is a public nuisance.
(b) 
The following vehicles or parts thereof are excepted from the provisions of this section:
(1) 
A vehicle or vehicle part 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 vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard.
(3) 
A vehicle on a paved surface, provided that the vehicle is maintained in such a manner that it does not constitute a health or safety hazard and is screened from ordinary public view by means of a fence, evergreen shrubbery, or a fitted and maintained car cover.
(2001 Code, sec. 8.202)
(a) 
Prior to any action being taken to abate and remove a junked vehicle constituting a public nuisance from private property, public property or a public right-of-way, not less than 10 days’ notice shall be given, except as hereinafter provided, to the following parties:
(1) 
The last known registered owner of the junked vehicle as shown on the certificate of title;
(2) 
Any lienholder of record; and
(3) 
The owner or occupant of the property upon which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located.
(b) 
The notice shall be mailed by certified mail with a five-day return and shall state the following;
(1) 
The nature of the public nuisance;
(2) 
It must be removed and abated not later than the 10th day after the date on which the notice was mailed;
(3) 
Any request for a hearing must be made in writing before the 10-day period expires; and
(4) 
Failure to abate the nuisance, request a hearing or attend the hearing, if requested, 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 under the terms of the Texas Transportation Code concerning the disposal of junked vehicles.
(c) 
If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle, or, if the owner is located, personally delivered.
(d) 
If any notice is returned undelivered by the United States Postal Service, the validity of the notice is not affected, and the notice is considered delivered; however, official action to abate the nuisance shall be continued to a date not earlier than 11 days after the date of the return of the notice.
(2001 Code, sec. 8.203)
(a) 
At the public hearing, the city council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance. The hearing may be continued from time to time.
(b) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(c) 
Following the public hearing, the city council shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a public nuisance as alleged. If the city council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, and that the notice requirements provided in this article have been met, the city council shall make a written order setting forth its findings and ordering that the nuisance be abated.
(d) 
If the information is available at the location of the nuisance, the order requiring removal of the nuisance must include:
(1) 
The vehicle’s description;
(2) 
The vehicle’s vehicle identification number;
(3) 
The vehicle’s license plate number; and
(4) 
A statement that the vehicle will be disposed of in accordance with the Texas Transportation Code.
(e) 
The relocation of a junked vehicle that is a public nuisance to another location within the corporate city limits after a proceeding for the abatement or 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.
(2001 Code, sec. 8.204)
In the event the city council orders abatement of the nuisance, the city or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle.
(2001 Code, sec. 8.205)
Any junked vehicles taken into custody by the city or any duly authorized person pursuant to a provision of this article shall be disposed of in accordance with applicable provisions of chapter 683, subchapter E of the Texas Transportation Code.
(2001 Code, sec. 8.208)
The provisions of this article shall not apply to a vehicle or vehicle part that is:
(1) 
Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
(2) 
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.
(2001 Code, sec. 8.209)
A person commits an offense if the person maintains a public nuisance described by section 8.07.002. An offense under this section is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day an offense occurs shall be a separate offense.
(2001 Code, sec. 8.210)