Section 683.072, Tex. Trans. Code, declares that junked vehicles
that are located in any place where they are readily visible from
a public place or public right-of-way are detrimental to the safety
and welfare of the general public, reduce the value of private property,
invite vandalism, create fire hazards, constitute an attractive nuisance
creating a hazard to the health and safety of minors, and produce
urban blight adverse to the maintenance and continuing development
of the city, and are a public nuisance. The city council hereby adopts
such findings and declarations, and declares that junked vehicles
are a public nuisance.
(Ordinance 2002-07-01-008, sec.
2, adopted 7/1/02)
It shall be unlawful for any person to maintain a public nuisance, as defined in section
8.06.061, within the city. Any person found guilty of maintaining a public nuisance as defined in section
8.06.061 shall be guilty of a misdemeanor and be subject to a fine as provided in section
1.01.009 for each offense, and, upon the municipal court finding any person guilty of maintaining a public nuisance as defined in section
8.06.061, the court shall order removal and abatement of the nuisance.
(Ordinance 2002-07-01-008, sec.
2, adopted 7/1/02)
The police department or the code enforcement officer, when
desiring to remove and dispose of junked vehicles from private property,
public property or public rights-of-way, shall comply with the following
procedures:
(1) A
written notice stating the nature of the public nuisance on private
property and that it must be removed and abated within ten (10) days
of the date the letter was mailed, and further stating that any request
for a hearing must be made before the expiration of said ten-day period,
shall be mailed by certified mail with a five-day return receipt requested,
or personally delivered, to the last known registered owner of the
junked vehicle, any lienholder of record and the owner or the occupant
of the private premises whereupon such public nuisance exists. If
the notice is returned undelivered by the United States post office,
official action to abate such nuisance shall be continued to a date
not less than ten (10) days from the date of such return.
(2) The requirements of subsection
(1) above shall also apply to the case of a public nuisance on public property, and similar notice shall be sent to the owner or the occupant of the public premises and to the owner or the occupant of the premises adjacent to the public property whereupon such public nuisance exists.
(3) If
sufficient information is not available to determine the registered
owner of the nuisance, after reasonable effort to locate the owner,
notice may be placed on the nuisance.
(4) Once
a vehicle has been removed under the provisions of this division,
it shall not be reconstructed or made operable.
(5) If
the vehicle is not removed or otherwise brought into compliance, a
public hearing will be held after the expiration of ten (10) days
or more after mailing or personal delivery of notice to abate the
nuisance. A hearing will be held prior to the removal of the vehicle
or part thereof as a public nuisance, before the chief of police.
Should the chief of police find that such vehicle is a public nuisance
as defined herein, he/she shall enter an order requiring the removal
of the vehicle or part thereof from the public or private property
or public right-of-way where it is situated, and such order shall
include a description of the vehicle, identification number, and license
number of the vehicle, if available. Any aggrieved city officer, owner
or lienholder may appeal any such decision of the chief of police
to the city council.
(6) The
police department shall give notice to the state department of transportation
within five (5) days after the date of the removal of a junked vehicle
by the department, identifying the vehicle or part thereof.
(7) The
administration of the procedures of this section shall be carried
out by regularly salaried, full-time employees of the city, except
that the removal of vehicles or parts thereof from property may be
accomplished by any other duly authorized person, including authorized
wrecker service operators acting at the direction of the city.
(8) If
the nuisance is not removed and abated and a hearing is not requested
within the ten-day period provided, in addition to any other procedure
authorized by this article, a complaint may also be filed in municipal
court for the violation of maintaining a public nuisance; provided
that such notice shall not be a requirement for any such complaint
being filed in municipal court.
(Ordinance 2002-07-01-008, sec.
2, adopted 7/1/02)
The procedures set out in this division shall not apply to a
vehicle or part thereof which 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 part thereof which is stored
or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or a junkyard, or an antique
and special interest vehicle stored by a collector on his property,
provided that the vehicle and outdoor storage areas are maintained
in such a manner 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.
(Ordinance 2002-07-01-008, sec.
2, adopted 7/1/02)
Junked vehicles or parts thereof may be disposed of by removal
to a scrap yard, a demolisher or any suitable site operated by a city
or county for processing as scrap or salvage. Relocation of a junked
vehicle, for which a notice has been issued under or the procedures
provided in this article have been otherwise initiated, to another
location shall have no effect on the proceeding if the junked vehicle
constitutes a public nuisance at the new location.
(Ordinance 2002-07-01-008, sec.
2, adopted 7/1/02)