This article is adopted to provide for the abatement and disposition of abandoned and/or junked vehicles, as public nuisances, in a manner consistent with the provisions therefor contained in V.T.C.A., Transportation Code, chapter 683.
(Ordinance 17-04 adopted 2/16/17)
Abandoned motor vehicle.
A motor vehicle that:
(1) 
Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(2) 
Has remained illegally on public property for more than 48 hours;
(3) 
Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(4) 
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours;
(5) 
Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the state turnpike authority division of the state department of transportation or a controlled access highway; or
(6) 
Is considered an abandoned motor vehicle under section 644.153(r), V.T.C.A., Texas Transportation Code.
Antique vehicle.
A passenger car or truck that is at least 25 years old.
Junked vehicle.
(1) 
A vehicle 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) 
In this article, “junked vehicle” includes:
(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 does not have lawfully on board an unexpired certificate of number and is not a watercraft described by section 31.055, V.T.C.A., Texas Parks and Wildlife Code.
Motor vehicle.
Any motor vehicle subject to registration pursuant to chapter 501, V.T.C.A., Texas Transportation Code, the Texas Certificate of Title Act.
Motor vehicle collector.
A person who owns one or more antique or special interest vehicles and 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.
Police department.
The police department of the city.
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.
(Ordinance 17-04 adopted 2/16/17)
The police department may take into custody any abandoned motor vehicle found on public or private property in the city, and may make disposition thereof in accordance with the provisions of chapter 683, V.T.C.A., Transportation Code.
(Ordinance 17-04 adopted 2/16/17)
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 general public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates fire hazards;
(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 the city; and
(7) 
Is a public nuisance.
(Ordinance 17-04 adopted 2/16/17)
(a) 
This article shall be administered by the city administrator, or his designee.
(b) 
The procedures for abatement and removal of a junked vehicle set forth in this article must be administered by regularly salaried, full-time employees of the city, except that any authorized person may remove the nuisance.
(c) 
A person authorized to administer the procedures under this article 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.
(Ordinance 17-04 adopted 2/16/17)
(a) 
Prior to any 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 and shall contain the following:
(1) 
A description of the nature of the public nuisance;
(2) 
A statement that the junked vehicle must be removed and abated not later than the tenth day after the date on which the notice was mailed;
(3) 
A statement that a request for a hearing must be filed not later than the tenth day after the date on which the notice was mailed;
(4) 
A statement that if the owner or lienholder fails to abate the nuisance before the tenth day after the date on which the notice was mailed, fails to request a hearing, or fails to attend the hearing, if requested, such owner or lienholder shall be deemed to have waived all right, title and interest in the vehicle and to have given their consent to disposal of the junked vehicle under the terms of this article and subchapter E, chapter 683, Texas Transportation Code.
(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, personally 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 delivered, however, official action to abate the junked vehicle shall be continued to a date not earlier than 11 days after the date of the return of the notice.
(Ordinance 17-04 adopted 2/16/17)
(a) 
The judge of the municipal court shall preside over all hearings under this article and shall have authority to issue all necessary orders and to take any other action necessary to enforce this article.
(b) 
The owner or lienholder of the junked vehicle or the owner or occupant of the premises on which the junked vehicle is located or the premises that is adjacent to the right-of-way where the junked vehicle is located may, not later than the tenth day after the notice is mailed, request a public hearing concerning whether or not the vehicle or part of a vehicle is a junked vehicle. A hearing may be requested by timely filing a request for hearing with the city secretary. If a hearing is timely requested, the hearing shall be held not earlier than the 11th day after the date the notice is mailed, and the junked vehicle shall not be abated until after there is a ruling from the hearing.
(c) 
At a hearing under this article, the judge of the municipal court shall hear and consider all relevant evidence, objections, and protests. Any interested party may be allowed to provide evidence at a hearing, including the city attorney. A hearing may be continued from time to time.
(d) 
At a hearing under this article concerning a motor vehicle, the motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(e) 
Following the hearing, the judge of the municipal court shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a junked vehicle and a public nuisance as alleged. If the municipal court finds that a junked vehicle and a public nuisance exist, that there is sufficient cause to abate the nuisance, and that the notice requirements provided in this article have been met, the judge of the municipal court shall enter a written order setting forth its findings and authorizing the city to abate the nuisance.
(f) 
If the information is available at the location of the nuisance, the 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.
(Ordinance 17-04 adopted 2/16/17)
If no hearing is requested not later than the tenth day after the notice is mailed or if after a hearing the judge of the municipal court orders that the nuisance be abated, the city administrator, or his designee, may abate the public nuisance by removal and disposal of the junked vehicle in accordance with this article and subchapter E, chapter 683, V.T.C.A., Texas Transportation Code.
(Ordinance 17-04 adopted 2/16/17)
Any junked vehicle removed under the authority of this article shall be disposed of by removal and sale to a scrap yard, a motor vehicle demolisher, or a suitable site operated by a municipality or county. The disposal of any junked vehicle under this article must also be done in accordance with the terms of this article and all applicable provisions of subchapter E, chapter 683, V.T.C.A., Texas Transportation Code.
(Ordinance 17-04 adopted 2/16/17)
Not later than the fifth day after the date of removal of a junked vehicle pursuant to the authority of this article, the city must give notice to the state department of transportation. The notice must identify the junked vehicle.
(Ordinance 17-04 adopted 2/16/17)
After the city has sent a notice in accordance with section 8.05.006, 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.
(Ordinance 17-04 adopted 2/16/17)
The provisions of this article shall not apply to a vehicle or part of a vehicle 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 of a vehicle and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(Ordinance 17-04 adopted 2/16/17)
If, not later than the tenth day after notice is mailed, the owner or occupant of the premises shall give the city written permission to remove the junked vehicle, the given of such permission shall be considered compliance with the provisions of this article.
(Ordinance 17-04 adopted 2/16/17)
(a) 
In lieu of or in addition to the abatement proceedings set forth in this article, the city administrator, or his designee, may pursue the filing of a criminal complaint against the owner of the junked vehicle or the owner or occupant of the property on which the junked vehicle is located or the owner or occupant of the property adjacent to the right-of-way where the junked vehicle is located for violation of this article.
(b) 
A person commits an offense if the person maintains a public nuisance described by section 8.05.002. An offense under this section is a class C misdemeanor, punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day that a public nuisance occurs or continues to exist shall be a separate offense.
(c) 
The court shall order the abatement and removal of the nuisance upon conviction for an offense under this section.
(Ordinance 17-04 adopted 2/16/17)