City of Greenville, TX Junked Vehicles

(a)

The city hereby adopts procedures for the abatement and removal of a junked vehicle, or a part of a junked vehicle, as a public nuisance, from public or private property or a public right-of-way. Such vehicle or part of a junked vehicle will not be reconstructed or made operable after removal of the public nuisance.

(b)

For a nuisance on private property, the city shall give not less than ten days’ notice stating the nature of the public nuisance on private property, that the nuisance must be abated or removed not later than the tenth day after the date on which the notice was personally delivered or mailed, and, if a hearing is desired, a written request for hearing must be made before the ten-day period expires. The notice must be personally delivered or sent by certified mail, five-day return receipt 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 on the public right-of-way, the property adjacent to the right-of-way.

(c)

If the notice is returned undelivered, official action to abate the nuisance shall be continued to not earlier than the eleventh day after the date of the return. 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, personally delivered.

(d)

For a nuisance on public property, the city shall give not less than ten days’ notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten days, and, if a hearing is desired, a written request for hearing must be made before expiration of the ten-day period. The notice must be personally delivered or mailed by certified mail, with a five-day return receipt requested, to the last known registered owner of the public nuisance, each lienholder of record of the nuisance, and the owner or occupant of the private property or, if the nuisance is located on the public right-of-way, the property adjacent to the right-of-way. If the notice is returned undelivered, official action to abate the nuisance shall be continued to not earlier than the eleventh day after the date of return.

(e)

Upon request for a hearing as provided herein, a public hearing shall be held before the municipal court of the city for determination of the existence of a junked vehicle as a public nuisance and for the purpose of entering an order requiring removal of the junked vehicle or junked vehicle part as a public nuisance. Where a request for a hearing has not been made, the judge of the municipal court, if shown a public nuisance exists, may enter an order requiring the removal of the vehicle or vehicle part as a public nuisance. The order requiring the removal of the vehicle or vehicle part must include a description of the vehicle and the vehicle identification number and license number of the vehicle if the information is available at the site.

(f)

Notice shall also be given to the state department of transportation not later than the fifth day after removal. The notice must identify the vehicle or vehicle part. The department shall immediately cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501).

(g)

Where the vehicle is declared a public nuisance by the municipal court judge and is ordered to be removed, it shall not thereafter be reconstructed or made operable.

(h)

This section does not apply to a vehicle or vehicle part that 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 vehicle part 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 an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so 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 approved means.

(i)

This section shall be administered by regularly salaried, full-time employees of the city, except that removal of a vehicle or part thereof from public or private property or the public right-of-way may be by any other duly authorized person under the direction of the city.

(j)

The person designated by the city and authorized to administer the procedures of this division may enter upon private property for the purposes specified in these procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a public nuisance. The judge of the municipal court may issue orders necessary to enforce these procedures.

(k)

The relocation of a junked vehicle that is a public nuisance to another location within the corporate limits of the city after a proceeding for the abatement or removal of the public nuisance has commenced has no effect on the proceedings if the junked vehicle constitutes a public nuisance at the new location.

(Ordinance adopting Code)