Whenever the following terms are used in this division, they shall have the meanings respectively ascribed to them in this section:
Antique vehicle.
A passenger car or truck that is at least thirty-five (35) years old.
Demolisher.
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.
Junked vehicle.
A vehicle that:
(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 division, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This division 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.
Motor vehicle collector.
A person who owns one or more antique or special interest vehicles and acquires, collects, or disposes of an antique or special interest vehicle or parts of them 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 altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.
(Ordinance 7050-A, sec. 5-1, adopted 7/18/02; Ordinance adopting Code)
A junked vehicle, including a part of a junk 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 the city; and
(7) 
Is a public nuisance.
(Ordinance 7050-A, sec. 5-2, adopted 7/18/02)
The following vehicles and vehicle parts are exempt from the provisions of this division:
(1) 
A vehicle that is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
(2) 
A vehicle 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 and the outdoor storage area are:
(A) 
Maintained in an orderly manner;
(B) 
Do not constitute a health hazard; and
(C) 
Are screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery.
(Ordinance 7050-A, sec. 5-3, adopted 7/18/02)
(a) 
The city shall abate and remove from private or public property or a public right-of-way any junked vehicle or part of a junked vehicle which is a public nuisance.
(b) 
Procedures to abate:
(1) 
A public hearing as set forth in section 8.06.067 shall be required before removal of the public nuisance.
(2) 
A junked vehicle shall not be allowed to be reconstructed or made operable after removal by the city.
(3) 
Notice shall be sent to the state department of transportation no later than the fifth day [after the day] of removal.
(c) 
The municipal court may issue necessary orders to enforce the order from the building official to remove the public nuisance.
(d) 
Procedures for abatement and removal of the public nuisance shall be administered by the building official or his designated representative and [such officials] 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.
(e) 
Any person authorized by the city may enter private property to remove the nuisance.
(Ordinance 7050-A, sec. 5-4, adopted 7/18/02)
The relocation of a junked vehicle that is a public nuisance to another location within the city limits 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.
(Ordinance 7050-A, sec. 5-5, adopted 7/18/02)
(a) 
The procedures for the abatement and removal of a public nuisance under this division shall provide not less than ten (10) days’ notice of the nature of the violation and must be 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 in a public right-of-way, the property adjacent to the right-of-way.
(b) 
The notice must state:
(1) 
The nuisance must be abated and removed not later than the tenth (10th) day after the date on which the notice was mailed; and
(2) 
Any request for a hearing must be made before the ten (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, hand delivered.
(d) 
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of the return.
(Ordinance 7050-A, sec. 5-6, adopted 7/18/02)
(a) 
If a person for whom notice was sent requests an administrative hearing, or if a hearing is required by the city for abatement, such hearing shall be held before the building official as follows:
(1) 
If a hearing is requested by a person for whom notice is required under section 8.06.066(a)(3) above, the hearing shall be held not earlier than the eleventh (11th) day after the date of the service of notice.
(2) 
If the notice is delivered but the person for whom notice is required does not request a hearing, the city may conduct an abatement hearing not earlier than the eleventh (11th) day after the date of the notice.
(3) 
If the notice is returned undelivered, then the hearing date shall be set not earlier than the eleventh (11th) day after the date of the return of the undelivered letter.
(b) 
At the hearing, the junked motor vehicle is presumed to be inoperable, unless demonstrated otherwise by the owner.
(c) 
Any order requiring the removal of a vehicle or vehicle part must include the vehicle’s description, identification number, and license number of the vehicle if the information is available at the location of the nuisance.
(Ordinance 7050-A, sec. 5-7, adopted 7/18/02)
If, within ten (10) days after receipt of notice to abate the nuisance as provided in this division, the owner of the vehicle shall give his written permission to the building official or his authorized representative for the removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this division.
(Ordinance 7050-A, sec. 5-8, adopted 7/18/02)
(a) 
A junked vehicle or vehicle part shall be disposed of by removal to a scrap yard, motor vehicle demolisher, or any suitable site operated by the city for processing as scrap or salvage.
(b) 
Any individual who fails to timely abate a nuisance may be required to pay the city restitution for the city’s cost in removing, abating, or curing such nuisance, as provided in the fee schedule in appendix A of this code.
(c) 
Any vehicle or vehicle part, after removal [as required] by this division, shall not be reconstructed or made operable.
(Ordinance 7050-A, sec. 5-9, adopted 7/18/02; Ordinance adopting Code)
A person who commits an offense under section 8.06.062 is, on conviction, subject to a fine as prescribed in section 6.04.076. On conviction, the court shall order removal and abatement of the nuisance.
(Ordinance 7050-A, sec. 5-11, adopted 7/18/02)