The location or presence of any junked motor vehicle or vehicles
on any private or public property, occupied or unoccupied, improved
or unimproved, within the city shall be deemed a public nuisance.
It shall be unlawful for any person to cause or maintain such public
nuisance by wrecking, dismantling, partially dismantling, rendering
inoperable, abandoning, or discarding any motor vehicle on the real
property of another or to suffer, permit, or allow the same to be
placed, located, maintained, or exist upon his own real property.
This section 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 a junkyard;
(3)
A
vehicle in an appropriate storage place or depository maintained in
a location officially designated and in a manner approved by the city;
(4)
A
motor vehicle in operable condition specifically constructed for racing
or operation on privately owned drag strips or race strips;
(5)
An
unlicensed, inoperable antique or special interest vehicle stored
on property, provided that the vehicle and outdoor storage area are
maintained so 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; or
(6)
A
motor vehicle stored as the property of a member of the armed forces
of the United States while on active duty assignment.
(2001 Code, sec. 95.10)
(a)
Whenever such public nuisance as described in section 8.04.031 exists on private property within the city, the chief of police or other designated official enforcing this article shall order the owner of the premises, or the occupant of the premises if in possession thereof, to abate or remove the same. Such order shall:
(1)
Be in writing;
(2)
Specify the public nuisance and its location;
(3)
Specify the corrective measure required:
(4)
Provide for compliance within ten (10) days from service thereof;
and
(5)
Inform the owner or occupant of his right to a hearing before the
city council if notice of a demand for hearing is given in writing
within ten (10) days of the issuance of the order.
(b)
Such
order shall be served upon the owner or occupant of the premises wherein
the nuisance is located, by sending said order by certified United
States mail with a five-day return receipt requested to:
(c)
If
the owner or the occupant of the premises fails and refuses to comply
with the notice stating the order of the chief of police or his duly
authorized agent within ten (10) days after service thereof, the chief
of police or his duly authorized agent shall take possession of said
junked motor vehicle and remove it from the premises.
(d)
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.
(e)
The
chief of police or his duly authorized agent shall thereafter dispose
of said junked motor vehicle in such a manner as the city council
may provide.
(f)
The
owner or occupant of said premises may, within said ten-day period
after service of notice to abate the nuisance, request of the chief
of police, either in person or writing and without the requirement
of bond, that a date and time be set when he may appear before the
municipal judge for a hearing to determine whether he is in violation
of this article.
(2001 Code, sec. 95.11)
(a)
Whenever such public nuisance as described in section 8.04.031 exists on public property within the city, the chief of police or other designated official enforcing this article shall order the owner of the premises, or the occupant of the premises if in possession thereof, to abate or remove the same. Such order shall:
(1)
Be in writing;
(2)
Specify the public nuisance and its location;
(3)
Specify the corrective measure required;
(4)
Provide for compliance within ten (10) days from service thereof;
and
(5)
Inform the owner or occupant of his right to a hearing before the
city council if notice of a demand for hearing is given in writing
within ten (10) days of the issuance of the order.
(b)
Such
order shall be served upon the owner of the vehicle and any lienholder
of record thereof by sending said order by certified United States
mail with a five-day return receipt requested to the address listed
on the certificate of title of the offending vehicle, and the address
of any lienholder.
(c)
If
the owner of the offending vehicle fails and refuses to comply with
the notice stating the order of the chief of police or his duly authorized
agent within ten (10) days after service thereof, the chief of police
or his duly authorized agent shall take possession of said junked
motor vehicle and remove it from the premises.
(d)
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.
(e)
The
chief of police or his duly authorized agent shall thereafter dispose
of said junked motor vehicle in such a manner as the city council
may provide.
(f)
The
owner of said vehicle may, within said ten-day period after service
of notice to abate the nuisance, request of the chief of police, either
in person or writing and without the requirement of bond, that a date
and time be set when he may appear before the municipal judge for
a hearing to determine whether he is in violation of this article.
(g)
If a request is made under the provisions of subsection (f) above, no action to remove said vehicle shall be taken pending the hearing.
(h)
Nothing
in this section shall affect laws that permit immediate removal of
a vehicle left on public property which constitutes an obstruction
to traffic.
(2001 Code, sec. 95.12)
(a)
Upon receipt of a request for a hearing made pursuant to section 8.04.032(f) and section 8.04.033(f), the chief of police or his duly authorized agent shall set a date and time for such hearing before the municipal judge. The chief of police or his duly authorized agent shall notify the owner of the vehicle or the owner or occupant of the premises, as the case may be, in writing as to the date and time of such hearing.
(b)
The
municipal judge shall hear any case brought before him and as set
out herein determine whether the subject vehicle is a junked vehicle
under the provisions of this article. The judge may summon any witnesses
or solicit any information he deems necessary in determining the status
of the vehicle.
(c)
If
the judge determines that the subject vehicle is junked under the
provisions of this article, the owner of said vehicle or the owner
or occupant of the premises, as the case may be, shall be ordered
to remove or cause to be removed said vehicle from either public or
private property within five (5) days from the date of the order of
the judge. Any resolution or order requiring the removal of a vehicle
or part thereof shall include a description of the vehicle, the correct
vehicle identification number, and the license number of the vehicle,
if available.
(2001 Code, sec. 95.13)
If the order of the municipal judge is not complied with, the
city attorney shall forthwith cause to be prepared, filed, and served
on the defendant a written complaint charging that the owner of the
vehicle or the owner or occupant of the premises, as the case may
be, has violated the provisions of this article.
(2001 Code, sec. 95.14)
(a)
The judge of the municipal court shall hear any case brought before said court and shall determine whether the defendant is in violation of this article. Upon finding that the defendant is in violation of this article, said defendant shall be found guilty of a misdemeanor and subject to a fine as provided in section 1.01.009 of this code. Each day that the nuisance continues shall be considered a separate occurrence.
(b)
The
judge of said court shall further order such offense removed and said
nuisance abated within ten (10) days, same being a reasonable time.
(c)
If
the defendant shall fail and refuse to abate and remove said nuisance
within ten (10) days, the judge of said court may issue an order directing
the chief of police or his duly authorized agent to have the same
removed and the chief of police or his duly authorized agent shall
take possession of said junked motor vehicle and remove it from the
premises.
(d)
The
chief of police or his duly authorized agent shall thereafter dispose
of said junked motor vehicle in such manner as the city council may
provide.
(2001 Code, sec. 95.15)
The owner of the vehicle or the owner or occupant of the premises,
as the case may be, after receipt of ten (10) days’ notice from
the chief of police or his duly authorized agent to abate the nuisance
as herein provided, may give his written permission to the chief of
police or his duly authorized agent for removal of the junked motor
vehicle, and the giving of such permission shall be considered in
compliance with the terms and provisions of this article. Once a vehicle
has been removed, it shall not be reconstructed or made operable.
(2001 Code, sec. 95.16)
If a junked vehicle as defined in section 8.04.001 is located on premises that are unoccupied and the owner of the premises is notified to remove same but cannot be found, then, upon a showing of such facts to the judge of the municipal court, the court may issue an order directing the chief of police or his duly authorized agent to have the same removed, and the chief of police or his duly authorized agent shall take possession of said junked motor vehicle and remove it from the premises. The chief of police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide.
(2001 Code, sec. 95.17)
When a junked motor vehicle is removed from any premises by
the chief of police or his duly authorized agent, notice shall be
given to the state department of transportation within five (5) days
after the date of removal of the junked vehicle or part thereof identifying
the junked vehicle or part thereof, and requesting that said department
cancel the certificate of title to such vehicle pursuant to V.T.C.A.,
Transportation Code, chapter 501, as amended.
(2001 Code, sec. 95.18)
