This article may be cited as the junked vehicle ordinance.
(1994 Code, sec. 7.101)
The following terms, whenever used or referred to in this article,
shall have the following respective meaning, unless a different meaning
clearly appears from the context:
Any person whose business is to convert the motor vehicle
into processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
A vehicle meeting the requirements of section 683.071 of
the Texas Transportation Code.
Any motor vehicle subject to registration pursuant to the
Texas Certificate of Title Act.
The police department of the city.
Any semi-trailer as defined and subject to the Texas Certificate
of Title Act.
Any trailer as defined and subject to the Texas Certificate
of Title Act.
(1994 Code, sec. 7.102)
Junked vehicles which are located in any place where they are
visible from a public place or public right-of-way are detrimental
to the safety and welfare of the general public, tending to reduce
the value of private property, to invite vandalism, to create fire
hazards, and to constitute an attractive nuisance creating a hazard
to the health and safety of minors, and are detrimental to the economic
welfare of the state, by producing urban blight which is adverse to
the maintenance and continuing development of the municipalities in
the state, and such vehicles are therefore declared to be a public
nuisance.
(1994 Code, sec. 7.103)
It shall be unlawful for any individual, company or corporation
to leave or permit to remain upon public property, private property
or public rights-of-way (except as hereinafter provided) within the
city any junked vehicle, or parts or portion thereof, for any period
of time in excess of ten (10) days.
(1994 Code, sec. 7.104)
(a)
Whenever
it is brought to the attention of the chief of police of the city
that a nuisance, as defined herein, exists in the city, the chief
of police shall give or cause to be given to the owner or the occupant
of the private premises whereupon such public nuisance exists, or
to the owner or occupant of the public premises or to the owner or
occupant of the premises adjacent to the public right-of-way whereupon
such public nuisance exists, in writing, a ten (10) day notice, stating
the nature of the public nuisance and that it must be removed and
abated within ten (10) days; and further that a request for a hearing
must be made before the expiration of said ten (10) day period, said
notice to be mailed, by certified or registered mail with a five (5)
day return requested, to the owner or occupant of the private premises
whereupon such public nuisance exists, or to owner or occupant of
the public premises or to the owner or occupant of the premises adjacent
to the public right-of-way whereupon such public nuisance exists.
If the notice is returned undelivered by the United States Postal
Service, official action to abate said nuisance shall be continued
to a date not less than ten (10) days from the date of such return.
(b)
Notice as set forth in subsection (a) of this section shall be mailed, by certified mail with a five (5) day return requested, to the last known registered owner of the motor vehicle, trailer, or semi-trailer and to any lienholders of record.
(c)
A
public hearing shall be had prior to the removal of the vehicle or
part thereof as a public nuisance; the same should be held before
the municipal judge of the city, when such hearing is requested by
the owner or occupant of the premises on which said vehicle is located,
within ten (10) days after service of notice to abate the nuisance.
Any resolution or order requiring the removal of the vehicle or part
thereof shall include a description of the vehicle and the correct
identification number and license number of the vehicle, if available
at the site.
(1994 Code, sec. 7.105)
After the hearing is held by the judge of the municipal court
of the city, as herein provided, if said municipal judge finds that
such a nuisance as herein defined exists, he or she shall order the
owner or occupant of the premises on which said vehicle is located
to remove such junked vehicle within ten (10) days after said order
is given to such owner or occupant of the premises on which said vehicle
is located. It shall be unlawful and a violation of this article for
any such person to whom such order is given to fail or refuse to comply
therewith and to remove such junked vehicle within the time provided
by said order.
(1994 Code, sec. 7.106)
In the event the owner or occupant of the premises does not
request a hearing as hereinabove provided, it shall be his or her
duty to comply with the provisions of the notice given him or her
and to abate such nuisance within ten (10) days after the date of
the receipt of such notice.
(1994 Code, sec. 7.107)
Notice shall be given to the state department of transportation
within five (5) days after the date of removal identifying the vehicle
or part thereof.
(1994 Code, sec. 7.109)
This article shall not apply to:
(1)
A
vehicle or part thereof 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 part thereof which is stored or parked in a lawful manner
on private property in connection with the business of a licensed
vehicle dealer or junkyard.
(3)
Unlicensed
operable or inoperable antique and special interest vehicles stored
by a collector on his property, provided that the vehicles and the
outdoor storage areas are maintained in such a manner 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
appropriate means.
(1994 Code, sec. 7.110)
The administration of this article shall be by regularly salaried,
full-time employees of the city, except that the removal of vehicles
or parts thereof from the property may be by any other duly authorized
person.
(1994 Code, sec. 7.111)
Within ten (10) days after notice has been delivered to the
owner or occupant of the private premises on which a junked vehicle
is located, or to the owner or occupant of the public premises or
to the owner or occupant of the premises adjacent to the public right-of-way
whereupon such public nuisance exists, if a hearing is not requested,
or if a hearing is requested within ten (10) days after an order requiring
the removal of such junked vehicle has been served upon or delivered
to the owner or occupant of the private premises on which said vehicle
is located, or to the owner or occupant of the public premises or
to the owner or occupant of the premises adjacent to the public right-of-way
whereupon such public nuisance exists, the chief of police of the
city, or members of the police department of the city acting under
the direction of the chief of police, may, if said nuisance has not
been abated, remove or cause to be removed the vehicle which was the
subject of such notice to a suitable city storage area designated
by the city council. Such vehicle shall be stored in such storage
area for a period of not less than twenty (20) days, during which
period any party owning or claiming any right, title or interest therein
shall be entitled to claim possession of same by the payment to the
city of the actual cost of the city of abating such nuisance.
(1994 Code, sec. 7.112)
When any junked vehicle has remained in the storage area provided in section 8.04.011 hereof for not less than ten (10) days, it shall be the duty of the chief of police of the city to dispose of same by removal to a scrap yard or by sale to a demolisher for the highest bid or offer received therefor or to remove same to any suitable site operated by the city for processing as scrap or salvage.
(1994 Code, sec. 7.113)
Out of the proceeds of same, the chief of police shall pay the
cost of removal and storage, and the balance, if any, shall be paid
to the person entitled thereto (either owner or lienholder). If there
is not a bid or offer for the junked vehicle, the chief of police
may dispose of same by causing it to be demolished or removed to a
place provided by the city council, or by permitting it to be removed
by a demolisher who is willing to do so for the benefit of the junk
or parts he or she can salvage.
(1994 Code, sec. 7.114)
Whenever the chief of police is charged with the enforcement
of this article, he or she may delegate said authority to any regular
salaried employee of the police department of the city.
(1994 Code, sec. 7.115)
It is not intended by this article to make provisions pertaining
to abandoned motor vehicles as that term is defined by the Abandoned
Motor Vehicle Act.
(1994 Code, sec. 7.116)
Any person authorized by the city council to administer the
provisions of the procedures of this article may enter upon private
property for the purposes specified in the procedures to examine vehicles
or parts thereof, to obtain information as to the identity of vehicles
and to remove or cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to these procedures. The municipal court
of this city, enacting such procedure as provided herein, shall have
authority to issue all orders necessary to enforce such procedures.
(1994 Code, sec. 7.117)
Any person who shall violate the terms and provisions of this article shall, upon conviction thereof, be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(1994 Code, sec. 7.118)
