Junked Vehicle.
A vehicle that:
(1)
Is self-propelled; and
(A)
Does not have lawfully attached to it an unexpired license plate;
or
(B)
Does have lawfully attached to it an unexpired license plate
but does not have lawfully attached to it a valid motor vehicle insignia
(registration sticker); and
(2)
Is:
(A)
Wrecked, dismantled or partially dismantled, or discarded;
(B)
Substantially disfigured, damaged, or disintegrated;
(C)
Ruined, destroyed or demolished; or
(D)
Inoperable and has remained inoperable for more than:
(i)
Seventy-two (72) consecutive hours, if the vehicle is on public
property;
(ii)
Thirty (30) consecutive days if the vehicle is on private property.
Motor Vehicle.
Any motor vehicle subject to registration pursuant to the
Texas Certificate of Title Act.
Motor Vehicle Collector.
A person who owns one or more antique or special interest
vehicles and who collects, purchases, acquires, trades, or disposes
of special interest or antique vehicles or parts of them for his own
use in order to restore, preserve, and maintain an antique or special
interest vehicle for historic interest.
Motor Vehicle Demolisher.
Any person in the business of converting motor vehicles into
processed scrap or scrap metal, or to otherwise wreck or dismantle
motor vehicles.
Special Interest Vehicle.
A motor vehicle of any age which has not been altered or
modified from original manufacturer’s specifications and, because
of its historic interest, is being preserved by a hobbyist.
Storage Facility.
A garage, parking lot, or any type of facility or establishment
for the servicing, repairing, storing, or parking of motor vehicles.
(Ordinance 2018-22 adopted 7/12/18)
A junked vehicle, including a part of a junked vehicle that
is visible at any time of the year from a public place or public right-of-way
is hereby declared a public nuisance because it:
(1) Is detrimental
to the safety and welfare of the public;
(2) Tends
to reduce the value of private property;
(5) Is an
attractive nuisance creating a hazard to the health and safety of
minors; and
(6) Produces
urban blight adverse to the maintenance and continuing development
of the city.
(Ordinance 2018-22 adopted 7/12/18)
(a) A person
commits an offense if the person maintains a public nuisance described
by Section 8.202 of this article.
(b) An offense
under this section is a misdemeanor punishable by a fine not to exceed
two hundred and no/100 dollars ($200.00).
(c) The court
shall order abatement and removal of the nuisance on conviction.
(Ordinance 2018-22 adopted 7/12/18)
The following vehicles or parts thereof are excepted from the
provisions of this article:
(1) A vehicle
or vehicle part 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.
(2) A vehicle
or vehicle part which is stored or parked in a lawful manner on private
property that is an antique or special interest vehicle or part thereof
stored by a motor vehicle collector on the collector’s property,
provided that the vehicle or part and the outdoor storage area, if
any, are:
(A) Maintained
in an orderly manner;
(B) Do
not constitute a health hazard; and
(C) Screened
from ordinary public view by means of a fence. Fences shall be consistent
with building regulations and zoning requirements applicable to the
property.
(3) An unlicensed,
operable or inoperable antique or special interest vehicle or part
thereof stored by a motor vehicle collector on the collector’s
property, provided that the vehicle or part and the outdoor storage
area, if any, are:
(A) Maintained
in an orderly manner;
(B) Do
not constitute a health hazard; and
(C) Screened
from ordinary public view by means of a fence. Fences shall be consistent
with building regulations and zoning requirements applicable to the
property.
(Ordinance 2018-38 adopted 10/11/18)
(a) Any peace
officer, code enforcement officer or other regularly salaried, full-time
city employee authorized to enforce this article, may enter the public
areas of any building or premises, not a private residence or dwelling,
structure or completely enclosed structure on private property, at
all reasonable times whenever necessary in the performance of his
duties to inspect and investigate for violations of any law, or to
enforce any law.
(b) The authority
to inspect shall include but not be limited to the authority to examine
vehicles or parts thereof, obtain information as to identity of vehicles
and to remove or cause the removal of a vehicle or part thereof declared
to be a nuisance.
(c) If such
building or premises be occupied and involved in conducting business,
he shall first present proper credentials and demand entry, unless
otherwise permitted by law. If such entry is refused, or, if no owner
or other person having charge or control of the building or premises
can be located, he shall have recourse to every remedy provided by
law to secure entry.
(Ordinance 2018-22 adopted 7/12/18)
The procedure for the abatement and removal of a junked vehicle
or part thereof, as a public nuisance, from private property, public
property, or public right-of-way shall be as follows:
(1) Once a
determination has been made that a public nuisance under this article
exists, the enforcement authority shall give not less than ten (10)
days written notice to:
(A) The
last known registered owner of the public nuisance;
(B) Each
lienholder of record; and
(C) The
owner or occupant of:
(i) The property on which the public nuisance is located; or
(ii) If the public nuisance is located on the public right-of-way, the
property adjacent to the right-of-way.
(2) The notice
must be personally delivered or sent by certified mail with a five-day
return requested. If the address of the last known registered owner
is unknown, notice may be placed on the public nuisance. If the notice
is returned undelivered, action to abate the public nuisance shall
not be taken until the 11th day after the date of return;
(3) The notice
must state that: The public nuisance must be removed not later than
the 10th day after the date on which the notice was personally delivered,
mailed, or placed on the public nuisance; and
(4) A request
for a hearing must be made not later than the 10th day after the notice
was personally delivered, mailed, or placed on the public nuisance.
(Ordinance 2018-22 adopted 7/12/18)
(a) The city
manager or authorized designee shall conduct a public hearing if timely
requested by a person who received notice under Section 8.206.
(b) The hearing
shall be held not earlier than the 11th day after the service of notice
in Section 8.206.
(c) At the
hearing, the junked vehicle is presumed to be inoperable, unless demonstrated
otherwise.
(d) An order
requiring the removal of the public nuisance must contain a description,
license plate number, and identification number of the public nuisance,
if available at the location of the nuisance.
(e) A judge
of the municipal court of the city may issue necessary orders to enforce
the procedures for the abatement and removal of a public nuisance
under this article.
(Ordinance 2018-22 adopted 7/12/18)
(a) Once abatement
proceedings have been commenced, the relocation of the public nuisance
to another location in the city has no effect on the proceedings.
(b) Once the
public nuisance is removed, it may not be reconstructed or made operable.
(c) If the
public nuisance is not removed by the 10th day after proper notice,
the enforcement authority may remove it or cause it to be removed.
(d) No later
than the 5th day after removal, the enforcement authority shall give
notice to the Texas Department of Motor Vehicles of the removal.
(e) A citation
may be issued and a complaint may be filed in the municipal court
of the city for the violation of maintaining a public nuisance, if
the nuisance is not removed and abated and a hearing is not requested
within the ten (10) day period provided in Section 8.207.
(Ordinance 2018-22 adopted 7/12/18)
A junked vehicle or part thereof may be disposed of by removal
to a scrapyard, a motor vehicle demolisher, or any suitable site operated
by the city, for processing as scrap or salvage pursuant to authority
provided in the Texas Transportation Code, § 683.078 or any successor
statute for junked vehicle disposal.
(Ordinance 2018-22 adopted 7/12/18)
Nothing in this article shall affect laws that permit immediate
removal of a vehicle left on public property that is obstructing traffic
or laws that establish procedures for taking possession of abandoned
vehicles.
(Ordinance 2018-22 adopted 7/12/18)