(Code 1983, § 7-30; Ord. No. B-648, § 1(7-30), 4-27-2000; Ord. No. B-674, § 1(7-30), 1-24-2002; Ord. No. CSO#278-08-2015, § 1, 8-3-2015)
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
INOPERABLE
Incapable of being propelled on its own power due to dismantling,
disrepair, or some other cause.
JUNKED VEHICLE
Any motor vehicle, as defined in V.T.C.A., Transportation
Code ch. 683, subch. E, as amended, that:
(1)
Does not have lawfully attached to it an unexpired license plate;
and
(2)
Is:
a.
Wrecked, dismantled or partially dismantled, or discarded; or
b.
Inoperable and has remained inoperable for more than:
1.
Seventy-two consecutive hours, if the vehicle is on public property;
or
2.
Thirty consecutive days, if the vehicle is on private property.
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.
(Code 1983, § 7-32; Ord. No. B-648, § 1(7-32), 4-27-2000)
The procedures for abatement and removal of junked vehicles
as set forth in this division shall be administered by regularly salaried,
full-time employees of the city as designated by the city manager,
except that the removal of a junked vehicle from property may be performed
by any duly authorized person.
(Code 1983, § 7-31; Ord. No. B-648, § 1(7-32), 4-27-2000; Ord. No. B-674, § 1(7-31), 1-24-2002)
A junked vehicle, including a part of a junked vehicle, that
is visible from a public place or public right-of-way:
(1) Is
detrimental to the safety and welfare of the general public;
(2) Tends
to reduce the value of private property;
(5) Constitutes
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
(Code 1983, § 7-33; Ord. No. B-648, § 1(7-33), 4-27-2000; Ord. No. B-674, § 1(7-32), 1-24-2002)
(a) Prior
to any official action being taken to abate and remove a junked vehicle
constituting a public nuisance, from private property, public property
or public right-of-way, not less than ten days' notice shall be given,
except as hereinafter provided, to the following parties:
(1) The last known registered owner of the junked vehicle as shown on
the certificate of title;
(2) Any lienholder of record; and
(3) The owner or occupant of the property upon which the junked vehicle
is located or the owner or occupant of the premises adjacent to the
public right-of-way on which the junked vehicle is located.
(b) The
notice shall be mailed, by certified mail with a five-day return requested,
and if the vehicle is reasonably accessible, also by posting a copy
of such notice to the front windshield of the vehicle, and shall state
the following:
(1) The nature of the public nuisance.
(2) It must be removed and abated not later than the tenth day after
the date on which the notice was mailed.
(3) Any request for a hearing must be made in writing before the ten-day
period expires.
(4) Failure to abate the nuisance, request a hearing or attend the hearing,
if requested, constitutes a waiver by the owner and lienholders of
all right, title and interest in the vehicle and their consent to
disposal for the junked vehicle under the terms of the state transportation
code concerning the disposal of junked vehicles.
(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, hand-delivered.
(d) If
any notice is returned undelivered by the United States post office,
the validity of the notice is not affected, and the notice is considered
as delivered; however, official action to abate the nuisance shall
be continued to a date not earlier than 11 days after the date of
the return of the notice.
(Code 1983, § 7-34; Ord. No. B-648, § 1(7-34), 4-27-2000; Ord. No. B-674, § 1(7-33), 1-24-2002)
(a) The owner of the vehicle or occupant of the premises may, within the ten-day period after the service of notice required by section
34-144(b) to abate the nuisance, request the city secretary, either in person or in writing, to set a date and time to appear before the hearing officer for a public hearing to determine whether the person is in violation of this division. If a hearing is requested within ten days after service of notice to abate the nuisance, the junked vehicle shall not be abated by the city until ordered to do so by the hearing officer.
(b) At
the public hearing, the hearing officer shall hear and consider all
relevant evidence, objections or protests and shall receive testimony
from owners, witnesses, city employees and interested persons relative
to such alleged public nuisance. The hearing may be continued from
time to time.
(c) At
the hearing the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(d) Following
the public hearing, the hearing officer shall consider all evidence
and determine whether the vehicle, or any part thereof, constitutes
a public nuisance as alleged. If the hearing officer finds that a
public nuisance does exist and that there is sufficient cause to abate
the nuisance, and that notice requirements provided in this division
have been met, the hearing officer shall make a written order setting
forth his findings and ordering that the nuisance shall be abated.
(e) If
the information is available at the location of the nuisance, the
order requiring removal of the nuisance must include the vehicle's:
(2) Vehicle identification number;
(3) License plate number; and
(4) A statement that the vehicle will be disposed of in accordance with
the state transportation code.
(Code 1983, § 7-35; Ord. No. B-648, § 1(7-35), 4-27-2000; Ord. No. B-674, § 1(7-34), 1-24-2002)
If no hearing is requested prior to the expiration of ten days after the notice required by section
34-144(b) was served or in the event the hearing officer orders abatement of the nuisance, the city code enforcement officer or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle after the issuance of an order meeting the requirements of section
34-145(e).
(Ord. No. B-674, § 1(7-35), 1-24-2002)
After any junked vehicle has been removed under the authority
of this division, it shall not be reconstructed or made operable again.
(Ord. No. B-674, § 1(7-36), 1-24-2002)
No later than the fifth day after the date of removal of a junked
vehicle pursuant to this division, notice must be given to the state
department of transportation. Such notice must identify the vehicle.
(Ord. No. B-674, § 1(7-37), 1-24-2002)
After the city has sent notice in accordance with section
34-144, the relocation of a junked vehicle that is a public nuisance to another location in the city has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Code 1983, § 7-36; Ord. No. B-648, § 1(7-36), 4-27-2000; Ord. No. B-674, § 1(7-38), 1-24-2002)
Any junked vehicle taken into custody by the city or any duly
authorized person pursuant to a provision of this division shall be
disposed of in accordance with applicable provisions of V.T.C.A.,
Transportation Code ch. 683, subch. E.
(Code 1983, § 7-39; Ord. No. B-648, § 1(7-39), 4-27-2000; Ord. No. B-674, § 1(7-39), 1-24-2002)
The provisions of this division shall 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; 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, are:
a. Maintained
in an orderly manner;
c. Screened
from ordinary public view by appropriate means, including a fence,
rapidly growing trees, or shrubbery.
(Code 1983, § 7-37; Ord. No. B-648, § 1(7-37), 4-27-2000; Ord. No. B-674, § 1(7-39.1), 1-24-2002)
(a) In
lieu of or in addition to following the abatement proceedings set
forth in this division, the city may pursue the filing of a criminal
complaint against the owner or occupant of the property in the municipal
court for violation of this division or V.T.C.A., Transportation Code
ch. 683, subch. E.
(b) A person commits an offense if the person maintains a public nuisance described by section
34-143. An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00. Each day an offense occurs shall be a separate offense.
(Ord. No. B-674, § 1(7-39.2), 1-24-2002)
If, within ten days after receipt of notice from the city in accordance with section
34-144 to abate the nuisance, the owner or occupant of the premises shall give his written permission to the city for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with provisions of this division.
(Ord. No. B-674, § 1(7-39.3), 1-24-2002)
Nothing in this division shall affect ordinances or other laws
that permit immediate removal of a vehicle left on public property
which is abandoned or which constitutes an obstruction to traffic.