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)
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)
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)