Junked vehicle.
(1) 
A motor vehicle, aircraft or watercraft that:
(A) 
Is self-propelled; and
(B) 
Is:
(i) 
Wrecked, dismantled or partially dismantled, or discarded; or
(ii) 
Inoperable and has remained inoperable for more than:
a. 
72 consecutive hours, if the vehicle is on public property; or
b. 
30 consecutive days, if the vehicle is on private property.
(2) 
For purposes of this section, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This section applies only to:
(A) 
A motor vehicle that displays an expired license plate or does not display a license plate;
(B) 
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
(C) 
A watercraft that:
(i) 
Does not have lawfully on board an unexpired certificate of number; and
(ii) 
Is not a watercraft described by Section 31.055, Texas Parks and Wildlife Code.
Motor vehicle demolisher.
A person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.
(Ordinance 2019-08 adopted 9/10/19)
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 the city; and
(7) 
Is a public nuisance.
(Ordinance 2019-08 adopted 9/10/19)
A person commits an offense if the person maintains a public nuisance described by section 8.04.002.
(Ordinance 2019-08 adopted 9/10/19)
(a) 
Upon conviction for violation of any provisions of this article relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist, such violator shall be punished by a fine not exceeding $200.00, and each day that such nuisance exists shall constitute a separate offense.
(b) 
On conviction, the court shall order abatement and removal of the nuisance.
(Ordinance 2019-08 adopted 9/10/19)
(a) 
Vehicles and vehicle parts on private property.
(1) 
For a public nuisance under this article on private property within the city, notice to abate and remove the nuisance shall be provided to the last known registered owner of the nuisance, any lienholder of record of the nuisance and the owner or occupant of the private premises on which the nuisance is located.
(2) 
The notice must state the nature of the nuisance, must provide that the nuisance be abated and removed not later than the tenth (10th) day after the date on which the notice was personally delivered or mailed, and that any request for a hearing must be made before that ten-day period expires. Additionally, the notice must include a statement that if the city abates and removes or causes the abatement and removal of the nuisance, costs associated with the abatement and removal may be assessed against the registered owner of the nuisance or the owner or occupant of the private premises on which the nuisance is located.
(3) 
The 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 confirmation to the persons listed above.
(4) 
If the address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered.
(5) 
If any notice is returned undelivered, action to abate and remove the nuisance shall be continued to a date not earlier than the eleventh day after the date of return.
(b) 
Vehicles and vehicle parts on public right-of-way.
(1) 
For a public nuisance under this article on a public right-of-way within the city, notice to abate and remove the nuisance shall be provided to the last known registered owner of the nuisance, any lienholder of record of the nuisance and the owner or occupant of the property adjacent to the right-of-way.
(2) 
The notice must state the nature of the nuisance and must provide that the nuisance be abated and removed not later than the tenth (10th) day after the date on which the notice was personally delivered or mailed, and that any request for a hearing must be made before that ten-day period expires.
(3) 
Additionally, the notice must include a statement that if the city abates and removes or causes the abatement and removal of the nuisance, costs of such abatement and removal may be assessed against the registered owner of the nuisance.
(4) 
The 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 confirmation to the persons listed above.
(5) 
If the address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered.
(6) 
If any notice is returned undelivered, action to abate and remove the nuisance shall be continued to a date not earlier than the eleventh day after the date of return.
(Ordinance 2019-08 adopted 9/10/19)
(a) 
If requested within the ten days after service of the notice to abate and remove the public nuisance by a person for whom notice is required under section 8.04.005(a) or section 8.04.005(b), as applicable, a hearing must be held prior to the abatement and removal of the vehicle or vehicle part constituting the nuisance.
(b) 
The hearing shall be held before the Municipal Court Judge not earlier than the eleventh day after the date of the service of notice.
(c) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must 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.
(e) 
If the judge finds that such a nuisance as herein defined exists, the judge 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.
(f) 
It shall be unlawful and a violation of this article for any person to whom such order is given to fail or refuse to comply therewith and to fail to remove such junked vehicle within the time provided by said order.
(g) 
In the event the owner or occupant of the premises does not request a hearing, as herein provided, it shall be the duty of such owner or occupant to comply with the provisions of the notice given him and to abate such nuisance within ten (10) days after the date of the receipt of such notice.
(Ordinance 2019-08 adopted 9/10/19)
(a) 
Procedures for the abatement and removal of a public nuisance described by section 8.04.002 shall be administered by regularly salaried, full-time employees of the city, except that any authorized person may remove the nuisance.
(b) 
A person authorized to administer the procedures may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.
(c) 
The relocation of a junked vehicle that is a public nuisance to another location in 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.
(Ordinance 2019-08 adopted 9/10/19)
(a) 
Not later than the fifth day after the date of removal, notice shall be sent to the state department of transportation that the junked vehicle or junked vehicle part has been declared a public nuisance and removed. The notice must identify the vehicle or vehicle part in question.
(b) 
On receipt of notice of removal of a watercraft, the state department of transportation shall notify the parks and wildlife department of the removal and upon receipt of the notice from the state department of transportation, the parks and wildlife department shall immediately cancel the certificate of title issued for the watercraft.
(Ordinance 2019-08 adopted 9/10/19)
If the public nuisance is not removed and abated after notice as required herein and official action results in a resolution or order requiring removal of vehicle or vehicle part, said vehicle or part may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or any suitable site operated by the city or the county.
(Ordinance 2019-08 adopted 9/10/19)
(a) 
It is an affirmative defense to prosecution under this article if a junked vehicle or junked vehicle part:
(1) 
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) 
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; or
(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 2019-08 adopted 9/10/19)