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:
Antique vehicle.
A passenger car or truck that is at least 25 years old.
Junked vehicle.
A vehicle that:
(1) 
Is self-propelled; and
(2) 
Is:
(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.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. 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 described by section 31.055, Parks and Wildlife Code.
Motor vehicle.
Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
Motor vehicle collector.
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.
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.
(2006 Code, sec. 78-231; Ordinance 05-09-671, sec. 2 (93.01), adopted 9/6/05; Ordinance adopting 2015 Code)
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:
(1) 
Is detrimental to the safety and welfare of the public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is an attractive nuisance creating a hazard to the health and safety of minors;
(6) 
Produces urban blight adverse to the maintenance and continuing development of municipalities; and
(7) 
Is a public nuisance.
(2006 Code, sec. 78-232; Ordinance 05-09-671, sec. 2 (93.02), adopted 9/6/05)
(a) 
A person commits an offense if the person allows or maintains a junked vehicle in any place, whether on private or public property, in view of the public or on a public right-of-way.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00 per day that the public nuisance continues or exists. Each day that the nuisance persists is a separate offense.
(c) 
A culpable mental state is not required, and need not be proved, for an offense under this section.
(d) 
The municipal court shall order abatement and removal of the public nuisance on conviction of this offense.
(2006 Code, sec. 78-233; Ordinance 05-09-671, sec. 2 (93.03), adopted 9/6/05)
To abate and remove a junked vehicle from any place visible to the public, whether on private or public property, the following procedure is required:
(1) 
General abatement procedure.
(A) 
The city, by this section, is adopting procedures for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance.
(B) 
Regularly salaried, full-time city employees shall administer the procedures for abatement and removal of a junked vehicle, except that any authorized person may remove the junked vehicle.
(C) 
Any employee of the city authorized by the city manager to enforce this article may enter private property to examine the public nuisance, to obtain information to identify the nuisance, and to remove or direct removal of the nuisance.
(D) 
Any person authorized by the city manager, or his designee, may enter private property to remove the junked vehicle, or part thereof.
(2) 
Notice.
(A) 
Notice of the nature of the junked vehicle must be sent by certified mail with a five-day return requested to:
(i) 
The last known registered owner of the junked vehicle;
(ii) 
Each lienholder of record of the junked vehicle; and
(iii) 
The owner or occupant of:
a. 
The property on which the junked vehicle is located; or
b. 
If the junked vehicle is located on a public right-of-way, the property adjacent to the right-of-way.
(B) 
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, hand delivered.
(C) 
The notice must state the nature of the nuisance, and that:
(i) 
The junked vehicle must be abated and removed not later than the tenth day after the date on which the notice was mailed; and
(ii) 
Any request for a hearing must be made in writing and received before that ten-day period expires.
(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.
(E) 
No notice is required for issuance of a citation for an offense under this article.
(F) 
In the case where a person receiving notice neither requests a hearing nor abates the nuisance within the ten-day period provided in subsection (2)(C)(i) of this section, the city shall, in compliance with subsections (2)(A) and (2)(B) of this section, give notice of a public hearing, providing the date, time, and place of the hearing.
(3) 
Hearing.
(A) 
The municipal court judge shall conduct hearings relative to the abatement of junked vehicles.
(B) 
A public hearing must be conducted prior to the removal of the junked vehicle not earlier than the 11th day after the date of service of notice.
(C) 
If a hearing is requested by a person for whom notice is required under subsection (2)(A)(iii) of this section, the hearing shall be held not earlier than the 11th day after the date of the service of notice. If a person has not responded to the initial notice, a public hearing may occur five business days after the date on the notification of public hearing.
(D) 
At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(E) 
If the information is available at the location of the nuisance, a municipal court order requiring removal of the junked vehicle must include the junked vehicle’s:
(i) 
Description;
(ii) 
Vehicle identification number; and
(iii) 
License plate number.
(F) 
As part of the order authorizing removal or abatement of the junked vehicle, the municipal court shall:
(i) 
Prohibit a vehicle from being reconstructed or made operable after removal; and
(ii) 
Require that notice identifying the vehicle or part of the vehicle be given to the state department of public safety not later than the fifth day after the date of removal.
(G) 
The municipal court shall have full authority to enforce the abatement procedures, including but not limited to issuing all necessary orders.
(4) 
Request for removal of junked vehicle.
(A) 
After receiving written notice from the city regarding the public nuisance created by a junked vehicle:
(i) 
The owner of the junked vehicle may request and authorize the city to remove the junked vehicle; or
(ii) 
The owner or occupant of the private property upon which the junked vehicle is located may request and authorize the city to remove the junked vehicle if the city cannot locate the vehicle’s owner.
(B) 
Before the city removes a junked vehicle, the person requesting removal under this section must execute an authorization and indemnification agreement, thereby allowing the city to enter the private property and holding the city harmless from any claim of injury or damage sustained as a result of the removal and disposal of the junked vehicle in accordance with this section.
(2006 Code, sec. 78-234; Ordinance 05-09-671, sec. 2 (93.04), adopted 9/6/05)
Procedures adopted herein shall not apply to a vehicle or vehicle part thereof:
(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:
(A) 
Is maintained in an orderly manner;
(B) 
Does not constitute a health hazard; and
(C) 
Is screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery. A vehicle or part covered by a tarp, car blanket or similar covering does not meet the requirements of this subsection.
(2006 Code, sec. 78-235; Ordinance 05-09-671, sec. 2 (93.05), adopted 9/6/05)
(a) 
A junked vehicle removed under this article may not be reconstructed or made operable.
(b) 
A junked vehicle may be removed to a scrap yard, a motor vehicle demolisher, or any other suitable site for processing as scrap or salvage.
(c) 
The relocation of the junked vehicle that is a public nuisance to another location within the city, after a proceeding for the abatement and 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.
(2006 Code, sec. 78-237; Ordinance 05-09-671, sec. 2 (93.07), adopted 9/6/05)