For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A passenger car or truck that is at least 35 years old.
A vehicle that is self propelled and is:
A person who:
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 46-73-11-19, passed 11-19-73; Am. Ordinance 848-06-11-14, passed 11-14-06)
Junked vehicles which are located in any place where they are
visible from a public place or public right-of-way are detrimental
to the safety and welfare of the general public, tending to reduce
the value of private property, to invite vandalism, to create fire
hazards, to constitute an attractive nuisance creating a hazard to
the health and safety of minors, and are detrimental to the economic
welfare of the city, by producing urban blight, and such vehicles
are therefore declared to be a public nuisance.
(Ordinance 46-73-11-19, passed 11-19-73; Am. Ordinance 848-06-11-14, passed 11-14-06)
Junked vehicles declared to be public nuisances may be abated,
removed, and disposed of by following the procedures stated herein.
(A)
Notice.
(1)
Nuisance on Private Property.
For a nuisance on private
property, not less than ten days notice stating the nature of the
public nuisance on private property shall be given. Notice shall state
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 must be mailed by certified mail, with a five-day return
requested, to the last known registered owner of the junked motor
vehicle, to any lienholder of record, and to the owner or occupant
of the private premises on which the public nuisance exists. If the
post office address of the last known registered owner of the motor
vehicle is unknown, notice to the last known registered owner may
be placed on the motor vehicle, or, if the last known registered owner
is physically located, the notice may be hand delivered. 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.
(2)
Nuisance on Public Property.
For a nuisance on public
property, not less than ten days notice stating the nature of the
public nuisance on public property or on a public right-of-way shall
be given. Notice shall state 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 must be mailed
by certified mail, with a five-day return requested, to the last known
registered owner of the junked motor vehicle, to any lienholder 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 post office address of
the last known registered owner of the motor vehicle is unknown, notice
to the last known registered owner may be placed on the motor vehicle,
or, if the last known registered owner is physically located, the
notice may be hand delivered. 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.
(B)
Reconstruction
Prohibited.
It shall be unlawful for a vehicle to be
reconstructed or made operable after it has been removed from property
pursuant this chapter.
(C)
Public
Hearing Required for Public Nuisance.
A public hearing
is required before the removal of the vehicle or vehicle part as a
public nuisance. The hearing shall be held before the Municipal Court
Judge, if a hearing is requested by the owner or occupant of the public
or private premises or by the owner or occupant of the premises adjacent
to the public right-of-way on which the vehicle is located, within
ten days after service of notice to abate the nuisance. The Judge
shall make a determination based upon a preponderance of the evidence.
At the hearing it is presumed, unless demonstrated otherwise by the
owner, that the vehicle is inoperable. An order requiring the removal
of a vehicle or vehicle part must 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.
(D)
Notice
Required to State Department of Highways.
Notice of removal
shall be given to the state Department of Highways and Public Transportation
not later than the fifth day after the date of removal. The notice
must identify the vehicle or vehicle part. The department shall immediately
cancel the certificate of title to the vehicle pursuant to the Certificate
of Title Act, TEX. REV. CIV. STAT., Art. 6687-1.
(Ordinance 46-73-11-19, passed 11-19-73; Am. Ordinance 848-06-11-14, passed 11-14-06; Ordinance
872-07-04-10, passed 4-10-07 Penalty,
see § 10.99)
A lien for all costs incurred in the impounding, storing and
advertising for sale of personal property pursuant to this chapter
shall exist and inure to the benefit of the person actually impounding
such property. Such lien shall be prior and superior to all other
liens of every kind, save and except liens for ad valorem taxes, and
the impounder may retain possession of such property until all costs
are paid and may sell the same as provided in this chapter.
(Ordinance 46-73-11-19, passed 11-19-73)
(A)
Notice.
Before selling any junked vehicle, or part thereof, as provided
for in this chapter, the impounder shall post two notices thereof,
one at the county courthouse door and one at the city hall, and shall
cause a copy thereof to be published in a daily newspaper published
in the city once a week for two consecutive weeks, the date of the
first publication to be at least 14 days prior to the day of sale.
The notice of sale shall describe the impounded property, state the
same as unredeemed, state the same will be sold, designate the place
of sale, the manner of sale, and state a time and date of sale which
shall not be less than 14 days from the date of the first posting
of such notice. A copy of such notice shall be mailed to the record
owner of such impounded property and to anyone who may have a lien
thereon.
(B)
Procedure.
When any impounded property is not redeemed by the date and
time designated in the notice of sale, the impounder shall sell such
property at a public auction.
(C)
Disposition
of Proceeds of Sale.
After deducting the fee and costs
incurred, pursuant to this chapter, the Police Chief shall hold the
balance of the proceeds of such sale, if any, to pay the same to the
owner or entitled lienholder of the property for 90 days. If such
proceeds are not claimed within such period, they shall be deposited
in a special fund, and any taxes due thereon, for the payment of auction,
towing, preserving, storage, and all notice and publication costs
which resulted from placing other abandoned or junked vehicles in
custody, whenever the proceeds from a sale of such other abandoned
or junked vehicles, are insufficient to meet these expenses and costs.
(Ordinance 46-73-11-19, passed 11-19-73; Am. Ordinance 848-06-11-14, passed 11-14-06)
This chapter does not apply to a vehicle or vehicle part that
is:
(A)
Completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property;
(B)
Stored
or parked in a lawful manner on private property in connection with
the business or 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 and the outdoor
storage area are:
(Ordinance 46-73-11-19, passed 11-19-73)
This chapter shall be administered by regularly salaried, full-time
employees of the city, except that removal of a vehicle or parts thereof
may be by any duly authorized person.
(Ordinance 46-73-11-19, passed 11-19-73)
The city may enter into a contract with a commercial enterprise,
(sometimes herein called “impounder”), capable of picking
up and disposing of junked vehicles, and authorizing said enterprise
to pick up and dispose of vehicles or parts thereof, found to be public
nuisances.
(Ordinance 46-73-11-19, passed 11-19-73)
The net costs of disposing of such vehicle shall be charged
against the party given notice by the Police Chief as above stated,
or such other person as may be responsible for such vehicle and such
person shall be indebted to the city for the net costs. By net costs
is meant the cost of pick up, storage, and handling of the vehicles
by the commercial operator, less the value of the vehicle as scrap.
Should these be a positive value, after deducting such costs, it shall
be refunded to the person given notice, or such person as may be found
to be the owner. Nothing herein shall prevent the imposition of fine
or penalty as herein provided.
(Ordinance 46-73-11-19, passed 11-19-73; Am. Ordinance 848-06-11-14, passed 11-14-06)
