The words and phrases used in this article, unless the context
otherwise indicates, shall have the following meanings:
A motor vehicle, watercraft, outboard motor, trailer, or
any part thereof that has remained on public property for a period
of more than forty-eight (48) hours, or a motor vehicle, watercraft,
outboard motor, trailer, flatbed trailer, or any part thereof that
has remained on private property without the consent of the owner
or person in control of the property for more than forty-eight (48)
hours.
The administrator of the Village of Briarcliff, Texas or
designees, including, but not limited to, law enforcement officers
or other authorized employee, representative, or agent of the village.
Passenger cars or trucks twenty-five (25) or more years old.
The owner of one or more antique or special interest vehicle(s)
who collects, purchases, acquires, trades, or disposes of special
interest or antique vehicles or parts thereof for his own use in order
to restore, preserve, and maintain an antique or special interest
vehicle for historic interest.
The police department of Briarcliff Municipality.
A member of the village police department, the Travis County
Sheriff or deputies, a Travis County Constable or deputies.
A vehicle that is subject to registration under chapter 501
of the Texas Transportation Code.
An outboard motor subject to registration under chapter 31,
Texas Parks and Wildlife Code.
Any individual, firm, partnership, association, corporation,
company, trust, or other legal entity.
A motor vehicle of any age that has not been altered or modified
from original manufacturer's specifications and, because of historic
interest, is being preserved by hobbyists.
A flatbed trailer, open trailer, load trailer, or other equipment
or structure used to transport material, motor vehicles, watercrafts,
and/or any other equipment.
A motor vehicle, outboard motor, or watercraft defined herein.
The Village of Briarcliff, Texas or its authorized employees,
representatives, or agents.
A vessel subject to registration under chapter 31, Texas
Parks and Wildlife Code, and any other boat such as a canoe, kayak,
or sailboat.
(Ordinance 09-20-11-03 adopted 9/21/11; Ordinance 2019-12-04-19-10, sec. 1, adopted 12/4/19)
The village is hereby authorized to remove and take into custody
any abandoned vehicle found on public or private property within the
corporate limits of the village.
(Ordinance 09-20-11-03 adopted 9/21/11)
(a)
When
a vehicle has been determined to be abandoned, a letter and/or notice
shall be mailed to the vehicle owner and securely affixed to the windshield
or other conspicuous place on the vehicle stating the following information:
(1)
The name and telephone number of the affixing agent;
(2)
“WARNING” or “NOTICE”; this vehicle may be
impounded if it is not removed within forty-eight (48) hours;
(3)
The date and time the notice is affixed to the vehicle;
(4)
The vehicle's description, including, if possible, the license plate
number or vehicle identification number, the make, and the model;
(5)
The name and identification number, if any, of the agent affixing
the notice.
(b)
If,
at the end of the forty-eight (48) hour period, the vehicle has not
been removed, the administrator shall remove and store the vehicle.
(c)
The
administrator shall notify within ten (10) days of removal, by registered
or certified mail, return receipt requested, the last known registered
owner of the vehicle and all lienholders of record. The notification
hereunder shall describe the year, make, model and vehicle identification
number, if any, of the abandoned vehicle, give the location of the
facility where the vehicle is being held, inform the owner and any
lienholders of their right to reclaim the vehicle within twenty (20)
days after the date of the notice upon full payment of all towing,
preservation, storage, or other fees resulting from the removal and
custody of the vehicle. Further, the notice shall state the failure
of the owner or lienholders to exercise their right to reclaim the
vehicle within the time provided shall be deemed a waiver by the owner
and all lienholders of all right, title, and interest in the vehicle
and their consent to the sale of the abandoned vehicle at public auction.
(d)
If the identity of the last registered owner cannot be determined, or if the registration has no address for the owner, or if the determination with reasonable certainty of the identity and address of all lienholders is impossible, notice by one publication in one newspaper of general circulation in the village shall be sufficient to meet all requirements of notice pursuant to this section. Such notice by publication may contain a list of more than one abandoned vehicle. Any such notice shall be within the time requirements set forth in subsection (c) hereof, and shall contain all of the information required by that subsection.
(Ordinance 09-20-11-03 adopted 9/21/11)
If an abandoned vehicle has not been reclaimed as provided for
in this article, the administrator taking custody of the abandoned
vehicle shall sell it at public auction. Proper notice shall be given
of the public auction, and of the time and place of such auction.
The purchaser of the motor vehicle shall take title to the motor vehicle
free and clear of all liens and claims of ownership, shall receive
a sales receipt from the village or the law enforcement agency conducting
the auction, and shall be entitled to receive a certificate of title
for the vehicle. From the proceeds of the sale of an abandoned vehicle,
the village or the law enforcement agency conducting the auction shall
be reimbursed for the expenses of the auction, the costs of towing,
preserving, storing and other fees related to taking the vehicle into
custody, and all notice, publication, towing, preserving, storing,
and other costs and expenses which result from placing other abandoned
vehicles in custody whenever the proceeds from such a sale of other
abandoned vehicles are insufficient to meet those costs and expenses.
(Ordinance 09-20-11-03 adopted 9/21/11)
After deducting the reimbursement allowed under section 8.05.004, the remaining proceeds from the sale shall be held for ninety (90) days for the owner or lienholders of the vehicle. After this period, proceeds unclaimed by the owner or lienholders shall be deposited into an account of the village or the law enforcement agency for use by the village or law enforcement agency.
(Ordinance 09-20-11-03 adopted 9/21/11)
A junked vehicle, including part of a junked vehicle, which
is visible from a public place, public right-of-way, and/or neighboring
private property:
(1)
Is
detrimental to the safety and welfare of the public;
(2)
Tends
to reduce the value of private property;
(3)
Creates
a fire hazard;
(4)
Is
an attractive nuisance creating a hazard to the health and safety
of minors;
(5)
Produces
urban blight adverse to the maintenance and continuing development
of municipalities; and
(6)
Is
a public nuisance.
(Ordinance 09-20-11-03 adopted 9/21/11)
The administrator may summarily abate any nuisance caused by
a junked vehicle pursuant to the following procedures:
(1)
Whenever the village determines that a public nuisance exists under this article, it shall send written notice by registered or certified mail, return receipt requested with a five (5) day return requested, and the information required in subsection (2) hereof, to the last known registered owner of the vehicle and each lienholder of record, and the owner or occupant of the property on which the nuisance is located, or, if the nuisance is located on public property or a public right-of-way, the property adjacent to the public property or public right-of-way.
(2)
If
the address of the last known registered owner of the junked vehicle
is unknown, notice shall be securely affixed to the windshield or
other conspicuous place on the vehicle, or if the owner is located,
hand delivered to the owner, and the notice shall state:
(A)
The name and telephone number of the affixing agent;
(B)
“NOTICE”; this vehicle has been declared a nuisance and
must be abated and removed not later than ten (10) days from the date
of this notice; if this nuisance is not abated and removed by that
time, the village will summarily dispose of the vehicle; the owner
or lienholder has a right to a hearing, but the request for this hearing
must be made before the 10-day period expires. An exception may be
allowed for a reasonable amount of time in the event that a resident
is not available at the discretion of the administrator.
(Ordinance 09-20-11-03 adopted 9/21/11)
(a)
The
village council, or a board, commission, or official designated by
the village council, shall conduct hearings under this article.
(b)
If a hearing is requested by a person for whom notice is required under section 8.05.007, the hearing shall be held not earlier than the 11th day after the date on which the notice was mailed or affixed to the vehicle.
(c)
At
the hearing, the junked vehicle is presumed, unless demonstrated otherwise
by the owner, to be inoperable.
(e)
The
relocation of a junked vehicle that is a public nuisance to another
location 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 09-20-11-03 adopted 9/21/11)
(a)
If
authorized by a resolution or order made following a hearing as provided
above, a junked vehicle, including any part of a junked vehicle, may
be removed to a scrap yard, a motor vehicle demolisher, or a suitable
site operated by any municipality or county. Any such disposal shall
comply with the applicable provisions of chapter 683 of the Texas
Transportation Code, as amended, and with all applicable rules adopted
by the Texas Department of Transportation. In the event removal of
a junked vehicle is required, the owner will be liable for the costs
and expenses associated with the removal, storage and disposal of
the junk vehicle.
(b)
After
a vehicle has been removed pursuant to this section, it shall not
be reconstructed or made operable by any person.
(c)
Notice
shall be given to the Texas Department of Transportation within five
(5) days after the date of removal identifying the vehicle or part
thereof.
(d)
Failure
to abate the nuisance or failure to attend the hearing after notice
constitutes waiver by the owner and lienholders of all right, title,
and interest in the vehicle or parts thereof, and their consent to
disposal of the junked vehicle by the village.
(Ordinance 09-20-11-03 adopted 9/21/11)
Upon receiving permission from the property owner or after receiving
a court order, the administrator may enter upon private property for
the purposes specified in this article to examine vehicles or parts
thereof, obtain information as to the identity of vehicles and to
remove or cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this article. The municipal court of
the village or a justice court of the county shall have authority
to issue all orders necessary to enforce this article.
(Ordinance 09-20-11-03 adopted 9/21/11)
This article does 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, other public or private property, and/or
neighboring 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, legitimate motor vehicle,
watercraft, or outboard motor repair or service facility, or that
is an antique or special interest vehicle stored by a motor vehicle
collector on the collector's property, if the vehicle or any part,
and the outdoor storage area, if any are:
(Ordinance 09-20-11-03 adopted 9/21/11)
(a)
A person commits an offense if the person maintains a public nuisance described in section 8.05.006.
(b)
An
offense under this article is a class C misdemeanor punishable by
a fine not to exceed $200.00.
(c)
The
municipal court of the village shall order abatement and removal of
the nuisance upon conviction.
(Ordinance 09-20-11-03 adopted 9/21/11)
(a)
Notice.
The vehicle is observed by the administrator
or a sworn, written complaint is received by the village.
(b)
A
registered letter is sent to the property/vehicle owner and is hand
delivered (if possible) to the property explaining this article and
offering remedial suggestions such as the village-initiated free removal
program. The owner is given a 30-day deadline to remedy the situation.
The village will engage in conversations with the owner to determine
if the vehicle is indeed a junk vehicle. Multiple 30-day windows may
be used depending upon the seventy of the problem and the capability
for the owner to remedy the situation.
(c)
An
action plan will be developed with no less than 14 days to remedy
the situation, more time if needed. The owner will be asked to agree
and sign the action plan. The length of time associated with the action
plan will be at the discretion of the village after coordinating with
the owner but in no case will be less than 14 days.
(d)
After
the action plan expires or after 14 days from the initiation if the
owner refuses to sign, the ordinance procedure will be initiated.
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Note: Anytime during the process, time may be delayed if the
owner is not available for numerous reasons such as vacation/business
travel, illness or other.
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(Ordinance 09-20-11-03 adopted 9/21/11; Ordinance 2019-12-04-19-10, sec. 2, adopted 12/4/19)
