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:
(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:
(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)