Is defined as a motor vehicle that is:
inoperable and more than five (5) years old and is left unattended
on public property for more than forty-eight (48) hours;
a motor vehicle that has remained illegally on public property
for a period of more than forty-eight (48) hours;
a motor vehicle 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; or
a motor vehicle left unattended on any right-of-way of a designated
county, state or federal highway for more than forty-eight (48) hours.
Means any vehicle that is self-propelled and:
Means a passenger car or truck that is at least 25 years
old.
Means a motor vehicle of any age that has not been changed
from original manufacturer's specification and, because of its historic
interest, is being preserved by a hobbyist.
Means a person who owns one or more antique or special interest
vehicles and acquires, collects, or disposes of an antique or special
interest vehicle for personal use to restore and preserve an antique
or special interest vehicle for historic interest.
Means a vessel subject to registration under Chapter 31,
Texas Parks and Wildlife Code, and "outboard motor" means an outboard
motor subject to registration under Chapter 31, Texas Parks and Wildlife
Code.
(Ordinance 39-12 adopted 4/1/97; Ordinance adopting Code)
(a)
The police
department of the Town of Double Oak is hereby authorized to take
into custody any abandoned motor vehicle, watercraft, or outboard
motor found on public or private property. The police department may
use department personnel, equipment, and facilities and may contract,
upon approval from the town council, for other personnel, equipment,
and facilities to remove, preserve, and store an abandoned motor vehicle,
watercraft, or outboard motor taken into custody under this section.
(b)
Upon the impoundment of an abandoned motor vehicle under subsection (a), the police department shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner and all lienholders of record pursuant to the Certificate of Title Act (Chapter 501, Texas Transportation Code) or Chapter 31, Texas Parks and Wildlife Code, that the vehicle has been taken into custody. Such notice shall describe the year, make, model and vehicle identification number of the abandoned vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeepers' charges if proper notice has been given thereof. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall constitute 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 a public auction. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, such notice shall be published one time in one newspaper of general circulation in the city. The notice by publication shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. Multiple listings of abandoned vehicles may be published in such notice.
(c)
If an abandoned vehicle is not reclaimed as provided in subsection (b), the police department shall sell the motor vehicle at a public auction. The purchaser thereof shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department and is entitled to register the purchased vehicle and receive a certificate of title. The police department shall reimburse itself from the proceeds of the sale for the expenses of the auction, the cost of towing, preserving and storing the vehicle, together with all notice and publication costs incurred. Any excess remaining from the proceeds of such sale shall be held for the owner of the vehicle or the entitled lienholder for ninety (90) days, and then shall be deposited in a special fund of the city which shall remain available for the payment of future auction, towing, preserving, storage and all notice and publication costs, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet such expenses and costs. The police department may use an unclaimed abandoned motor vehicle taken into custody under this section for departmental purposes; provided, however, that the vehicle is not subject to a garagekeeper's lien and, upon discontinuance of use, the vehicle is auctioned in accordance with this section.
(d)
This section
and the procedures set forth herein do not affect or in any way impair
the police department's authority or any law authorizing the police
department to immediately remove a vehicle left on public property
that is an obstruction to traffic. This section and the procedures
set forth herein shall not be read or construed as conflicting with
Section 8.403 or Section 8.404 of this article.
(Ordinance 39-12 adopted 4/1/97)
(a)
Junked
Vehicle as Public Nuisance.
(1)
A junked
vehicle, including a part of a junked vehicle that is located in any
place where it is visible from a public place or a public right-of-way
is detrimental to the safety and welfare of the general public, tends
to reduce the value of property, invites vandalism, creates fire hazards,
constitutes an attractive nuisance creating a hazard to the health
and safety of minors, produces urban blight adverse to the maintenance
and continuing development of the town, and is hereby declared to
be a public nuisance.
(2)
A person
commits an offense if that person maintains a public nuisance as determined
under this section.
(3)
A person
who commits an offense under this section is, on conviction in the
municipal court, subject to a fine in accordance with the general
penalty provision set forth in Section 1.109 of this code for each
offense. On conviction, the court shall order removal and abatement
of the nuisance.
(b)
Procedures
for Abating Nuisance.
In addition to the procedures set forth in the foregoing subsection (a), upon complaint or upon his own initiative, the mayor or his delegate is hereby authorized to abate such nuisances under the following procedures for the abatement and removal of junked vehicles, or parts of junked vehicles as a public nuisance from private property, public property, or public rights-of-way.
(1)
For
a nuisance on private property, notice of not less than ten (10) days
shall be given, stating the nature of the public nuisance on private
property, that it must be moved and abated within ten (10) days, and
if a hearing is desired, a request for a hearing must be made before
expiration of the ten (10) day period. The notice must be mailed by
certified mail, with a five (5) day return requested, to the last
known registered owner of the junked vehicle, any lienholder of record,
and the owner or occupant of the private premises on which the public
nuisance exists. If any notice is returned undelivered by the United
States Post Office, official action to abate the nuisance shall be
continued to a date not less than ten (10) days after the date of
the return.
(2)
For
a nuisance on public property, notice of not less than ten (10) days
shall be given, 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 (10) days, and if a hearing is desired, a request
for hearing must be made before expiration of the ten (10) day period.
The notice must be mailed, by certified mail with a five (5) day return
requested, to the last known registered owner of the junked vehicle,
any lienholder of record, and the owner or occupant of the public
premises, or to the owner or occupant of the premises adjacent to
the public right-of-way on which the public nuisance exists. If the
notice is returned undelivered by the United States Post Office, official
action to abate the nuisance shall be continued to a date not less
than ten (10) days after the date of the return.
(3)
Upon
a request for a hearing as provided for 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 the removal of the vehicle
or vehicle part as a public nuisance. Where a request for a hearing
has not been made, the judge of the municipal court, if shown that
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 correct identification number and license number
of the vehicle if the information is available at the site.
(4)
Notice
shall be given to the Texas Department of Transportation not later
than the fifth day after the date of removal. The notice must identify
the vehicle or vehicle part.
(5)
Where
the junked vehicle is declared a public nuisance by such official
and is ordered to be removed, it shall not thereafter be reconstructed
or made operable.
(6)
These
procedures must be administered by a regularly salaried full-time
employee of the town as designated by the mayor, except that the removal
of the vehicle or vehicle part from property may be by any duly authorized
person.
(7)
The
person designated by the mayor to administer the procedures authorized
by this article 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 nuisance. The judge
of the municipal court of the town may issue orders necessary to enforce
these procedures.
(8)
Any
person who fails to abate such public nuisance and to remove the vehicle
or vehicle part after being directed to do so by the judge of the
municipal court of the town shall be deemed guilty of a misdemeanor,
and upon conviction in the municipal court such person shall be subject
to a fine in accordance with the general penalty provision set forth
in Section 1.109 of this code for each offense, and each and every
day such offense shall continue shall be deemed to constitute a separate
offense.
(9)
The
relocation of a junked vehicle that is a public nuisance to another
location within the corporate city limits after a proceeding for the
abatement or 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.
(c)
The procedures set forth in the foregoing subsection (b) do not apply to a vehicle or vehicle part that is:
(1)
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 that is stored or parked in a lawful manner on private
property in connection with the business of a licensed vehicle dealer
or junkyard, that is an antique or special interest vehicle stored
by a motor vehicle collector on the collector's property, if the vehicle
or part and the outdoor storage area, if any, are:
(Ordinance 39-12 adopted 4/1/97; Ordinance adopting Code)
Junked vehicles may be disposed of by removal to a scrap yard,
demolishers or any other suitable site. Vehicles so removed shall
not thereafter be reconstructed or made operable. Persons authorized
under this article and as designated by the mayor 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 remove or cause the removal of vehicles or parts thereof declared
to be a nuisance by the judge of the municipal court.
(Ordinance 39-12 adopted 4/1/97)
All motor vehicles, watercraft, and outboard motors taken into
custody by the police department under this article shall be registered
in a record book provided for that purpose. The register must contain
the following information:
(1)
Description
of the motor vehicle, watercraft, or outboard motor;
(2)
Time and
place seized and by whom;
(3)
Name of
the owner, if known; and
(4)
Storage
and towing charges accrued against the motor vehicle, watercraft,
or outboard motor.
(Ordinance 39-12 adopted 4/1/97)
(a)
The town
shall have a lien on all abandoned, stolen, wrecked and/or recovered
motor vehicles, watercraft, and outboard motors for towing and storing
charges as may be established by resolution of the town council from
time to time.
(b)
The operator
of the city pound or any facility designated by the town to store
motor vehicles, watercraft or outboard motors taken into custody under
any law, shall maintain duplicate itemized records for the amount
charged for wrecker and pound fees for each vehicle impounded, notice
of such wrecker and pound fees shall be furnished to the owner of
said vehicle at the last known address reflected by the license registration
records of said vehicle within five (5) days after said vehicle is
impounded.
(Ordinance 39-12 adopted 4/1/97)
