Junked vehicles that are visible at any time of the year from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tend to reduce the value of private property, invite vandalism, create fire hazards, are an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the city and state by producing urban blight which is adverse to the maintenance and continuing development of the city. Junked vehicles, as defined herein, are declared to be a public nuisance and subject to abatement as provided herein.
This article applies only to:
(1) 
A motor vehicle that displays an expired license plate or does not display a license plate;
(2) 
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; or
(3) 
A watercraft that:
(A) 
Does not have lawfully on board an unexpired certificate of number; and
(B) 
Is not a watercraft with a valid marine document issued by the United States Coast Guard’s National Vessel Documentation Center or its successor federal agency.
(a) 
A person commits an offense if the person permits or maintains 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.
(b) 
An offense under this section is punishable by a fine not to exceed the amount provided by state law.
(c) 
Upon conviction of an offense under this section, the court shall order abatement and removal of the junked vehicle.
(a) 
The city may remove a junked vehicle, including a part of a junked vehicle, to a scrapyard, motor vehicle demolisher, or other suitable site operated by the city or Bastrop County pursuant to an order of abatement or removal under this article.
(b) 
Any vehicle removed pursuant to this article shall not be reconstructed after removal.
(c) 
The city shall send notice of removal of a junked vehicle to the state department of motor vehicles not later than the fifth (5th) day after the date of removal.
(d) 
The municipal court of the city may issue necessary orders to enforce the provisions of this article.
(e) 
Relocation of a junked vehicle to another location in the city after a proceeding for abatement and removal of such junked vehicle has commenced has no effect if the junked vehicle constitutes a public nuisance at the new location.
(a) 
Prior to any abatement action by the city under this article, notice of a junked vehicle shall be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation 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:
(A) 
The property on which the nuisance is located; or
(B) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(b) 
The notice must state that:
(1) 
The junked vehicle must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and
(2) 
Any request for a hearing must be made before the 10-day period expires by making such request to the clerk of the municipal court in writing.
(c) 
If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle or, if the owner is located, personally delivered.
(d) 
If notice is returned undelivered, action to abate the junked vehicle shall be continued to a date not earlier than the 11th day after the date of the return.
(a) 
A hearing requested pursuant to a notice under this article shall not be held earlier than the 11th day after the date of the service of notice of such hearing.
(b) 
The city council hereby designates the judge of the municipal court to conduct hearings requested pursuant to a notice under this article. Such hearings shall not be criminal in nature.
(c) 
Upon a determination by a preponderance of the evidence that a motor vehicle, aircraft, or watercraft is a junked vehicle, the judge shall order the person that requested the hearing to remove and abate such junked vehicle within ten (10) days. If the person so ordered fails to remove the junked vehicle as ordered, then the judge of the municipal court may issue an order directing the chief of police to remove such junked vehicle.
(d) 
At a hearing under this article, the motor vehicle, aircraft, or watercraft that is the subject of the hearing is presumed to be inoperable unless demonstrated otherwise by the owner.
(e) 
If the information is available at the location of the junked vehicle, the order requiring removal of the junked vehicle shall include:
(1) 
For a motor vehicle, the vehicle’s:
(A) 
Description;
(B) 
Vehicle identification number; and
(C) 
License plate number;
(2) 
For an aircraft, the aircraft’s:
(A) 
Description; and
(B) 
Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47; and
(3) 
For a watercraft, the watercraft’s:
(A) 
Description; and
(B) 
Identification number as set forth in the watercraft’s certificate of number.
(a) 
The judge of the municipal court shall issue an order directing the chief of police to remove a junked vehicle upon a showing that the notices required under this article have been given and no hearing has been requested within 10 days of the date of such notices.
(b) 
If a notice sent pursuant to this article has been returned as undelivered, then the judge of the municipal court may not issue an order under this section until the 11th day after the date that such notice was returned.
(a) 
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 or other public or 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 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, are:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(b) 
In this section:
(1) 
“Antique vehicle” means a passenger car or truck that is at least 25 years old.
(2) 
“Motor vehicle collector” means a person who:
(A) 
Owns one or more antique or special interest vehicles; and
(B) 
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.
(3) 
“Special interest vehicle” means a motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(Ordinance 9710-299 adopted 10/13/97; 2001 Code, secs. 8.701–8.712; Ordinance 2013-02-493 adopted 2/11/13; Ordinance 2019-565 adopted 5/19/19; Ordinance adopting 2020 Code)