This article may be cited as the “junk vehicle ordinance.”
(Ordinance 863-18 adopted 10/8/18)
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.
Antique vehicle.
A passenger car or truck that is at least 25 years old.
City.
The City of Navasota, Texas, an incorporated municipality located in Grimes County, Texas.
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 that:
(1) 
Is self-propelled; 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 manager 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 enforcer, 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 863-18 adopted 10/8/18)
A junked vehicle, including a part of a junked vehicle, 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.
(Ordinance 863-18 adopted 10/8/18)
It shall be unlawful for any person, individual, entity, company or corporation to maintain, posses, or locate any junked vehicle or parts or portion thereof, within the city, in violation of this article.
(Ordinance 863-18 adopted 10/8/18)
(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:
(1) 
Be in writing;
(2) 
Provide sufficient details about the alleged nuisance;
(3) 
Be signed by the complainant; and
(4) 
Be filed with the city secretary, municipal court clerk, police chief, police officer, or city code enforcer.
(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 863-18 adopted 10/8/18)
(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 must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to:
(1) 
The last known registered owner of the nuisance;
(2) 
Each lienholder 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 mailed or personally delivered; 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, personally 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 a 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 a 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:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(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 or the county, the relocation has no effect on the hearing if the vehicle, or a part thereof, constitutes a public nuisance at the new location.
(Ordinance 863-18 adopted 10/8/18)
(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 863-18 adopted 10/8/18)
In the event the owner or occupant of the premises does not request a hearing, as herein provided, it shall be the owner’s duty to comply with the provisions of the notice given to the owner and to abate such nuisance within ten (10) days after the date of the receipt of such notice.
(Ordinance 863-18 adopted 10/8/18)
After a vehicle has been removed by the city, in accordance with or under the terms and provisions of this article, it shall not be reconstructed or made operable.
(Ordinance 863-18 adopted 10/8/18)
Notice shall be given by the officer to the state department of motor vehicles (TxDMV) within five (5) days after the date of removal identifying the vehicle or part thereof so removed.
(Ordinance 863-18 adopted 10/8/18)
This article does 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;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(Ordinance 863-18 adopted 10/8/18)
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, company, or entity.
(Ordinance 863-18 adopted 10/8/18)
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 scrapyard, motor vehicle demolisher, or a suitable disposal site.
(Ordinance 863-18 adopted 10/8/18)
(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.
(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
(3) 
Other available relief.
(Ordinance 863-18 adopted 10/8/18)