For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Abandoned Motor Vehicle.
For the purposes of this article, a motor vehicle is abandoned if the motor vehicle:
(1) 
is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(2) 
has remained illegally on public property for more than 48 hours;
(3) 
has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(4) 
has been left unattended on the right-of-way of a designated county, state or federal highway for more than 48 hours; or
(5) 
has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority or a controlled access highway. (In this definition, controlled access highway has the meaning assigned by Section 541.302, Transportation Code.)
Antique Auto.
Means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five (35) years old.
Collector.
Means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest.
Demolisher.
Means a person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.
Garagekeeper.
Means an owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair or maintenance of a motor vehicle.
Junked Vehicle.
Means any vehicle 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;
(2) 
Is wrecked, dismantled or partially dismantled or discarded; or
(3) 
Is inoperable and has remained inoperable for more than:
(A) 
Seventy-two hours if the vehicle is on public property; or
(B) 
Thirty consecutive days if the vehicle is on private property.
(4) 
Is inoperative and does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate that is wrecked, dismantled, partially dismantled or discarded; or that
(5) 
Remains inoperable for a continuous period of more than forty-five (45) days.
Motor Vehicle.
Means a motor vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes).
Special Interest Vehicle.
Means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists.
Storage Facility.
Means a garage, parking lot or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicles.
(Ordinance adopting Code; 1974 Code of Ordinances, Chapter 16, Section 16-49)
(a) 
The chief of police or his duly authorized agent may take into custody an abandoned motor vehicle found on public or private property.
(b) 
The police department may employ its own personnel, equipment and facilities or hire persons, equipment and, facilities to remove, preserve and store an abandoned motor vehicle it takes into custody.
(1974 Code of Ordinances, Chapter 16, Section 16-50)
(a) 
When the chief of police or his duly authorized agent takes into custody an abandoned motor vehicle, he shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last-known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes), that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges if notice is under Section 8.106 of this article. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b) 
If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in the official newspaper of the city is sufficient notice under this section. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail and shall have the same contents required for a notice by certified mail.
(c) 
The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section.
(d) 
Notwithstanding any other provision of this article, the chief of police or his duly authorized agent who takes into custody an abandoned vehicle as defined by Section 8.101 of this article, is entitled to reasonable storage fees for a maximum of ten (10) days only until notification is mailed to the last known registered owner and all lienholders of record as provided by this section. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid.
(1974 Code of Ordinances, Chapter 16, Section 16-51)
(a) 
If an abandoned motor vehicle has not been reclaimed as provided by Section 8.103 of this article, the chief of police or his duly authorized agent shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper's lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication, costs incurred under Section 8.103 of this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing another abandoned vehicle in custody if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs.
(b) 
Thirty (30) days notice of the time and place of the public auction and a descriptive list of the motor vehicles to be offered for sale shall be posted in the city administration building.
(c) 
All sales made pursuant to the provisions of this article shall be made for cash at a public auction to the highest bidder for each piece of property. However, the city reserves the right to reject all bids.
(1974 Code of Ordinances, Chapter 16, Section 16-52)
(a) 
Any motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice by registered or certified mail return receipt requested, to the owner and all lienholders of record under the Certificate of Title Act, as amended (Article 6687-1, Vernon's Texas Civil Statutes), to pick up the vehicle (if such notice is returned by the post office unclaimed, notice by one publication in the official newspaper of the city shall constitute notification), or for more than ten (10) days after a period when under a contract the vehicle was to remain on the premises of the storage facility, or a motor vehicle left for more than ten (10) days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage or repair, shall be deemed an abandoned vehicle and shall be reported by the garagekeeper to the police department.
(b) 
If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility shall be entitled to towing, preservation and notification charges and to reasonable storage fees in addition to storage fees earned pursuant to contract, for a maximum of ten (10) days only until notification is mailed to the last known registered owner and all lienholders of record as provided by subsection (a). After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. Any garagekeeper who fails to report the possession of an abandoned vehicle to the police department within ten (10) days after it becomes abandoned within the meaning of this section may no longer claim reimbursement for storage of the vehicle.
(c) 
The chief of police or his duly authorized agent, upon receipt of a report from a garagekeeper of the possession of a vehicle deemed abandoned under the provisions of this section shall follow the notification procedures provided by Section 8.103 of this article, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee as set by the city council and on file with the office of the city secretary shall accompany the report of the garagekeeper to the police department. The fee shall be retained by the police department receiving the report and used to defray the cost of notification or other cost incurred in the disposition of an abandoned motor vehicle.
(d) 
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by Section 8.103 of this article shall be taken into custody by the chief of police or his duly authorized agent and sold in the manner provided by Section 8.104 of this article. The proceeds of a sale under this section shall first be applied to the garagekeeper's charges for servicing, storage and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police shall retain two (2) percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than ten dollars ($10.00). If the gross proceeds are less than ten dollars ($10.00), the department shall retain the ten dollars ($10.00) to defray expenses of custody and auction.
(e) 
Except for the termination or limitation of claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a garagekeeper under the laws of this state.
(f) 
The chief of police or his duly authorized agent shall send notice to the owner and all lienholders of record as required by Section 8.103 of this article. If the notice is returned by the post office unclaimed, notice by one publication in the official newspaper of the City of Hillsboro shall be sufficient.
(1974 Code of Ordinances, Chapter 16, Section 16-53)
The City of Hillsboro, or any person, firm or corporation on whose property or in whose possession is found any abandoned motor vehicle and a person who is the owner of a motor vehicle whose title certificate is faulty, lost or destroyed may apply to the state department of highways and public transportation for authority to sell, give away or dispose of the vehicle to a demolisher, and shall comply with all applicable provisions of Article V of the Texas Litter Abatement Act (Article 4477-9a, Sec. 5.06, Vernon's Texas Civil Statutes).
(1974 Code of Ordinances, Chapter 16, Section 16-54)
(a) 
A junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors and is detrimental to the economic welfare of the City of Hillsboro by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance.
(b) 
A person commits an offense if that person maintains a public nuisance as determined under this section.
(c) 
A person violating any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Upon conviction under this section, the court shall order removal and abatement of the nuisance.
(1974 Code of Ordinances, Chapter 16, Section 16-55)
(a) 
Whenever any such public nuisance exists on private property within the city in violation of Section 8.107 the city manager shall order that the nuisance be abated. Such order shall:
(1) 
Be in writing;
(2) 
State the nature of the public nuisance on private property;
(3) 
State that the nuisance must be removed and abated within ten (10) days from service thereof;
(4) 
State 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 motor vehicle and all lienholders of record and to the owner or occupant of the private premises on which the public nuisance exists. If said 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 (10) days after the date of the return.
(b) 
Whenever any such public nuisance exists on public property within the city in violation of Section 8.107 the city manager shall order that the nuisance be abated. Such order shall:
(1) 
Be in writing;
(2) 
State the nature of the public nuisance on public property or on a public right-of-way;
(3) 
State that the nuisance must be removed and abated within ten (10) days from service thereof;
(4) 
State 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 motor vehicle and all lienholders of record and to 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 Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return.
(c) 
A junked motor vehicle which has been removed under this article shall not be reconstructed or made operable.
(d) 
Within ten (10) days of receipt of notice in compliance with Section 8.108 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 the vehicle is located may request a hearing before the municipal court judge to determine if he is in violation of sections of this article. If it is determined that a violation exists, the court shall order that the vehicle be removed from the premises within ten (10) days. If the vehicle is not removed within ten (10) days of said order, the municipal court judge shall issue an order directing the chief of police to have the same removed, and the chief of police or his duly authorized agent, shall take possession of said junked motor vehicle and remove it from the premises. Any and all orders requiring the removal of said 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.
(e) 
Within five (5) days after the date of removal, notice shall be given to the Texas Highway Department identifying the vehicle or part thereof so the department may cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes).
(f) 
This section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part 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 an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
(g) 
The administration of this article shall be executed by regularly salaried, full-time employees of the city, except that the removal of a vehicle or vehicle part from property may be by any duly authorized person.
(1974 Code of Ordinances, Chapter 16, Section 16-56)
Any person authorized to administer the procedures authorized by this article may enter private property for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. Any court that enacts procedures under this article may issue orders necessary to enforce the procedures.
(1974 Code of Ordinances, Chapter 16, Section 16-57)
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.
(Ordinance adopting Code)
This article does not affect any statute or city ordinance authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property.
(1974 Code of Ordinances, Chapter 16, Section 16-58)