This article is adopted pursuant to the authority provided by the V.T.C.A., Transportation Code, chapter 683, subchapter E, and any successor statutes, to establish procedures for the abatement and removal, from private or public property, of junked vehicles or parts thereof as a public nuisance.
(Ordinance 2019-18 adopted 8/12/19)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned motor vehicle
means a motor vehicle that:
(1) 
Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(2) 
Has remained illegally on public property for more than 48 hours;
(3) 
Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(4) 
Has been left unattended on the right-of-way of a designated city street, county, state, or federal highway for more than 48 hours;
(5) 
Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the turnpike authority division of the state department of transportation or a controlled access highway; or
(6) 
Is considered an abandoned motor vehicle under V.T.C.A., Transpo1iation Code section 644.l 53(r).
Antique vehicle
means a passenger car or truck that is at least twenty-five (25) years old.
Junked vehicle
means a motor vehicle that is self-propelled, and:
(1) 
Displays an expired license plate/registration or does not display a license plate/registration; and
(2) 
Is as follows:
(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.
(3) 
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.
(4) 
A watercraft that does not have lawfully on board an unexpired certificate number and current registration sticker and is not a watercraft described by V.T.C.A. § 31.055, Parks and Wildlife Code.
(5) 
A camper or recreational vehicle that does not have lawfully displayed license plate/registration.
Motor vehicle collector
means a person who:
(1) 
Owns one or more antique or special interest vehicles; and
(2) 
Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Special interest vehicle
means 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.
(Ordinance 2019-18 adopted 8/12/19)
The location or presence of any junked vehicles on any lot, tract or parcel of land or any portion thereof, occupied or unoccupied, improved or unimproved, within the city limits shall be deemed a public nuisance and it shall be unlawful for any person to maintain such a public nuisance or to permit or allow the same to exist on his property or on the property of another; provided that this section shall not apply to a vehicle or vehicle part that is:
(1) 
Completely enclosed or opaquely screened (not to include car covers or tarps) in a lawful manner and is not visible from the street or other public property; or
(2) 
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 or part and the outdoor storage area, if any, me:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Completely enclosed or screened in a lawful manner and not visible from the street or other public property. The antique or special interest vehicle must follow all state regulations regarding registration and license plates for these type vehicles.
(Ordinance 2019-18 adopted 8/12/19)
(a) 
Whenever any such public nuisance exists in the city in violation of this article, the city, through its designated official or employee charged with enforcement of city codes and ordinances, shall provide not less than ten days’ notice of the nature of the nuisance and its location, which notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature conformation service, 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 the property on which the nuisance is located, or if the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(b) 
The notice shall order that such junked vehicle be removed, and the nuisance abated within ten days from the date of the notice. If the post office address of the last known owner registered owner of the motor vehicle is unknown, notice may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the owner or occupant of the premises on which the nuisance is located fails or refuses to comply with the order of the director within the ten-day period after service thereof, the judge of the municipal court of the city may issue an order authorizing the city official designated for enforcement of this article to take possession of the junked vehicle and remove it. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days after the date of return.
(Ordinance 2019-18 adopted 8/12/19)
If the owner or occupant of the premises, or the owner of such vehicle, fails, neglects or refuses to comply with the terms of any notice issued under the provisions of section 8.06.004, within ten days after service of such notice by personal service, mailing, or attachment to such vehicle, on the eleventh day the nuisance charge will be filed with the city’s municipal court. The city will hold a hearing in municipal court no less than eleven days after receipt of the notice.
(1) 
When a person is found guilty of violating this article pursuant to this section, the judge of the municipal court shall further order the defendant to remove and abate the nuisance within ten days. If the defendant shall fail and refuse within such ten days to abate or remove the nuisance, the judge of the municipal court may enter an order directing the code official to have the same removed, and the code official or any duly authorized person shall take possession of the junked motor vehicle and remove it from the premises. The code official or any duly authorized person shall thereafter dispose of such junked motor vehicle in accordance with this article. If, after the expiration of such ten-day period, the defendant has not caused or allowed the vehicle to be removed from the premises, he shall be guilty of a separate violation of this article and be subject to a separate penalty for each day thereafter.
(2) 
If there is a junked motor vehicle on premises that are unoccupied and neither the owner of the premises nor the owner of the vehicle can be found and notified to remove the same, upon a showing of such facts to the judge of the municipal court, the court may issue an order directing the code official or any duly authorized person to have the same removed, and the code official or any duly authorized person shall take possession of the junked motor vehicle and remove it from the premises in accordance with the provisions of this article.
(3) 
All expenses incurred in the abatement of such nuisance, and costs of taking possession of and storing such vehicle prior to final disposition, shall be charged against the actual owner and/or last known registered owner of the junked vehicle, payable to the city, and the city shall have a privileged lien on such junked vehicle for such cost, together with ten percent per annum interest on the delinquent amount from the date of the city taking possession of such vehicle.
(Ordinance 2019-18 adopted 8/12/19)
The code official shall have full responsibility for the administration of this article, except that the removal of junked motor vehicles or parts thereof from property may be by any other duly authorized person.
(Ordinance 2019-18 adopted 8/12/19)
(a) 
The code official or any duly authorized person may enter onto private property at all reasonable times whenever necessary in the performance of his/her duties to inspect and investigate for violations specified in this article.
(b) 
The authority to inspect shall include but not be limited to:
(1) 
The authority to examine vehicles or parts thereof;
(2) 
Obtain information as to identity of vehicles; and
(3) 
To remove or cause the removal of a vehicle or part thereof declared to be a nuisance.
(c) 
If such building or premises are occupied and/or are involved in conducting business, the code official or duly authorized person shall first present proper credentials to the occupant and demand entry, unless otherwise permitted by law. If such entry is refused, or, if no owner or other person having authority or control of the building or premises can be located, he/she shall have recourse to every remedy provided by law to secure entry.
(Ordinance 2019-18 adopted 8/12/19)
Nothing in this article shall be construed to affect state statutes or city ordinances relating to the removal of a motor vehicle left on public property, right-of-way, streets, or alleys which constitutes an obstruction to traffic.
(Ordinance 2019-18 adopted 8/12/19)
The bona fide owner of any such junked vehicle which has been impounded in accordance with the provisions of this article may acquire possession of such junked vehicle by paying the costs of abatement as shall have been computed in accordance with section 8.06.005 and by paying a reasonable storage charge based upon the period of time such junked vehicle has been impounded.
(Ordinance 2019-18 adopted 8/12/19)
In the event that possession by the bona fide owner thereof of any junked vehicle impounded in accordance with the provisions hereof is not acquired within 90 days from the date of such impoundment, such junked vehicle shall be deemed to have been abandoned and may be sold by the city. Proceeds from any such sale shall first be applied to reduce or satisfy the storage charges computed in accordance with section 8.06.005, and any amount of such proceeds then remaining shall be applied to reduce or satisfy the lien perfected. Such lien shall remain in full force and effect with respect to any portion of the costs of abatement remaining unsatisfied.
(Ordinance 2019-18 adopted 8/12/19)