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.
Junked vehicle.
(1)
A vehicle that:
(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.
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;
(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
(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:
(B) Vehicle identification number; and
(2) For an aircraft, the aircraft’s:
(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:
(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)
After any junked vehicle has been removed under the authority
of this article, the junked vehicle shall not be reconstructed or
made operable again.
(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;
(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)
Nothing in this article shall affect other ordinance or laws
that permit the immediate removal of a vehicle left on public property
that is abandoned or that constitutes an obstruction to traffic.
(Ordinance 17-04 adopted 2/16/17)