In this article, “junked vehicle” means a vehicle that is:
(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.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(1)
A motor vehicle that displays an expired license plate or does not display a license plate;
(2)
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47; or
(3)
A watercraft that:
(A)
Does not have lawfully on board an unexpired certificate of number; and
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
(1995 Code, sec. 95.70; Ordinance 424 adopted 6/5/2001; Ordinance adopting Code)
A junked vehicle, including a part of a junked vehicle, that is visible 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.
(1995 Code, sec. 95.71; Ordinance 424 adopted 6/5/2001)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 8.04.122.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00.
(c) 
The court shall order abatement and removal of the nuisance on conviction.
(1995 Code, sec. 95.72; Ordinance 424 adopted 6/5/2001)
(a) 
A municipality or county may adopt procedures that conform to this article for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance.
(b) 
The procedures must:
(1) 
Prohibit a vehicle from being reconstructed or made operable after removal;
(2) 
Require a public hearing before removal of the public nuisance; and
(3) 
Require that notice identifying the vehicle or part of the vehicle be given to the department not later than the fifth day after the date of removal.
(c) 
An appropriate court of the municipality or county may issue necessary orders to enforce the procedures.
(d) 
Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the municipality or county, except that any authorized person may remove the nuisance.
(e) 
A person authorized to administer the procedures may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.
(f) 
On receipt of a notice of removal under subsection (b)(3), the department shall immediately cancel the certificate of title issued for the vehicle.
(g) 
The procedures may provide that the relocation of a junked vehicle that is a public nuisance to another location in the same municipality or county after a proceeding for the abatement and 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.
(1995 Code, sec. 95.73; Ordinance 424 adopted 6/5/2001)
(a) 
The procedures for the abatement and removal of a public nuisance under this article must provide not less than 10 days’ notice of the nature of the nuisance. The notice must be personally delivered or sent by certified mail with a five-day return requested 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 10th day after the date on which the notice was personally delivered or mailed; and
(2) 
Any request for a hearing must be made before that 10-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 11th day after the date of the return.
(1995 Code, sec. 95.74; Ordinance 424 adopted 6/5/2001)
An inoperable vehicle that has been declared a nuisance as defined by Tex. Transp. Code, chapter 683 may be covered by a contour-fitting cover for a maximum period of six months from receipt of notice of such violation. The vehicle must be totally covered and the cover must remain in new or like-new condition during this probationary period. After the six-month probationary period, the owner must comply with Tex. Transp. Code, chapter 683. All vehicles must meet this limitation, even if they have been previously tarped.
(1995 Code, sec. 95.745; Ordinance 425 adopted 1/7/2003)
(a) 
The governing body of the municipality or county or a board, commission, or official designated by the governing body shall conduct hearings under the procedures adopted under this article.
(b) 
If a hearing is requested by a person for whom notice is required under section 8.04.125(a)(3), the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(c) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
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.
(1995 Code, sec. 95.75; Ordinance 424 adopted 6/5/2001)
A municipality by ordinance may provide for an administrative adjudication process under which an administrative penalty may be imposed for the enforcement of an ordinance adopted under this article. If a municipality provides for an administrative adjudication process under this section, the municipality shall use the procedure described by Tex. Loc. Gov’t Code, section 54.044.
(1995 Code, sec. 95.76; Ordinance 424 adopted 6/5/2001)
(a) 
Procedures adopted under section 8.04.124 or 8.04.128 may 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.
(b) 
For the purposes of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Antique vehicle.
A passenger car or truck that is at least 25 years old.
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.
(1995 Code, sec. 95.77; Ordinance 424 adopted 6/5/2001)
(a) 
A junked vehicle, including a part of a junked vehicle, may be removed to a scrap yard, a motor vehicle demolisher, or a suitable site operated by a municipality or county.
(b) 
A municipality or county may operate a disposal site if its governing body determines that commercial disposition of junked vehicles is not available or is inadequate. A municipality or county may:
(1) 
Finally dispose of a junked vehicle or vehicle part; or
(2) 
Transfer it to another disposal site if the disposal is scrap or salvage only.
(1995 Code, sec. 95.78; Ordinance 424 adopted 6/5/2001)