Section 683.072, Texas Transportation 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 2016-11-14-2, sec. M, adopted 11/14/16)
It shall be unlawful for any person to maintain a public nuisance, as defined in section 8.08.061 above, within the city. Any person found guilty of maintaining a public nuisance as defined in section 8.08.061 shall be guilty of a misdemeanor and be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense and, upon the municipal court finding any person guilty of maintaining a public nuisance as defined in section 8.08.061, the court shall order removal and abatement of the nuisance.
(Ordinance 2016-11-14-2, sec. N, adopted 11/14/16; Ordinance adopting 2018 Code)
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 (10) day period, shall be mailed, by certified mail with a five (5) day return receipt requested or personal delivery, 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 Postal Service, 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 section, 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 deliver 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 presiding judge or any associate judge of the municipal court for the city. At the hearing, the junked motor vehicle is presumed to be inoperable, unless demonstrated by the owner to be operable. Should the presiding judge 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, the identification number, and the 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 (10) 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 2016-11-14-2, sec. O, adopted 11/14/16)
The procedures set forth in these regulations 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 any 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 2016-11-14-2, sec. P, adopted 11/14/16)
Tarping or covering a vehicle, or any part thereof, shall not be considered as sufficient screening or concealment of a vehicle, or any part thereof, from public view. Tarping or covering a vehicle that is in violation of the junked and abandoned motor vehicle regulations is not permitted; a vehicle, or any part thereof, covered or tarped shall not be considered as in compliance with the junked and abandoned motor vehicle regulations.
(Ordinance 2016-11-14-2, sec. Q, adopted 11/14/16)
Junked vehicles or parts thereof may be disposed of by removal to a scrap yard, a demolisher or any to 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 2016-11-14-2, sec. R, adopted 11/14/16)