ARTICLE 8.06 ABANDONED AND JUNKED VEHICLES

Inoperable and more than five years old and is left unattended on public property for more than 48 hours;

A motor vehicle that has remained illegally on public property for a period of more than 48 hours;

Local law enforcement agency.

A motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours;

(4)

A motor vehicle left unattended on any right-of-way of a designated county, state or federal highway for more than 48 hours.

Antique motor vehicle.

A passenger car or truck that is at least 25 years old.

Junked vehicle.

A vehicle that:

(1)	Is self-propelled; and
(2)	Is:
	(A)	Wrecked, dismantled, or partially dismantled, or discarded; or
	(B)	Inoperable and has remained inoperable for more than:
		(i)	72 consecutive hours, if the vehicle is on public property; or
		(ii)	30 consecutive days if the vehicle is on private property.
For purposes of this definition, "junked vehicle" includes a motor vehicle, aircraft, or watercraft. This definition applies only to:
(1)	A motor vehicle that displays an expired license plate or does not display a license plate;
(2)	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
(3)	A watercraft that:
	(A)	Does not have lawfully on board an unexpired certificate of number; and
	(B)	Is not a watercraft described by section 31.055, Parks and Wildlife Code.

The city or county sheriff’s office.

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 for personal use to restore and preserve an antique or special interest vehicle for historic interest.

Outboard motor.

An outboard motor subject to registration under V.T.C.A., Parks and Wildlife Code, section 31.001 et seq.

Special interest vehicle.

A motor vehicle of any age that has not been changed from original manufacturer’s specification and, because of its historic interest, is being preserved by a hobbyist.

Watercraft.

A vessel subject to registration under V.T.C.A., Parks and Wildlife Code, section 31.001 et seq.

(Ordinance 98-4, sec. 1, adopted 6/8/98; 2007 Code, sec. 34-19; Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20; Ordinance 2024-01 adopted 4/9/2024)

§ 8.06.002 Authority to impound abandoned vehicles; notification; sale.

(a)

The city marshal or the county sheriff’s department is hereby authorized to take into custody any abandoned motor vehicle, watercraft, or outboard motor found on public or private property. Abandoned trailers, large equipment, and agriculture equipment found on certain lot sizes or acreage may be impounded. The local law enforcement agency may use department personnel, equipment, and facilities and may contract, upon approval from the city council, for other personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody under this section.

(b)

Upon the impoundment of an abandoned motor vehicle under subsection (a) of this section, the local law enforcement agency shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner and all lienholders of record pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code, section 501.001 et seq.) or V.T.C.A., Parks and Wildlife Code, section 31.001 et seq., that the vehicle has been taken into custody. Such notice shall describe the year, make, model and vehicle identification number of the abandoned vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeepers’ charges if proper notice has been given thereof. The notice shall also state that the failure of the owner and all lienholders to claim the item during this period is a waiver of all right, title, and interest in the vehicle and their consent to the sale of the abandoned vehicle at a public auction. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, such notice shall be published one time in one newspaper of general circulation in the city. The notice by publication shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. Multiple listings of abandoned vehicles may be published in such notice.

(c)

If an abandoned vehicle is not reclaimed as provided in subsection (b) of this section, the local law enforcement agency shall sell the motor vehicle at a public auction. The purchaser thereof shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the local law enforcement agency and is entitled to register the motor vehicle and receive a certificate of title. The local law agency shall reimburse itself from the proceeds of the sale for the expenses of the auction, the cost of towing, preserving and storing the vehicle, together with all notice and publication costs incurred. Any excess remaining from the proceeds of such sale shall be held for the owner of the vehicle or the entitled lienholder for 90 days, and then shall be deposited in a special fund of the city which shall remain available for the payment of future auction, towing, preserving, storage and all notice and publication costs, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet such expenses and costs. The local law enforcement agency may use an unclaimed abandoned motor vehicle taken into custody under this section for departmental purposes; provided, however, that the vehicle is not subject to a garagekeeper’s lien and, upon discontinuance of use, the vehicle is auctioned in accordance with this section.

(d)

This section and the procedures set forth herein do not affect or in any way impair the local law enforcement agency’s authority or any law authorizing the agency to immediately remove a vehicle left on public property that is an obstruction to traffic. This section and the procedures set forth herein shall not be read or construed as conflicting with this article.

(Ordinance 98-4, sec. 2, adopted 6/8/98; 2007 Code, sec. 34-20: Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)

§ 8.06.003 Declared public nuisance; procedures for abatement; junked vehicles not to be reconstructed or made operable.

(a)

Junked vehicle as public nuisance.

A junked vehicle, including a part of a junked vehicle, trailers or equipment as well as 18-wheeler boxes that is located in any place where it is visible from a public place or a public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is hereby declared to be a public nuisance.

A person commits an offense if that person maintains a public nuisance as determined under this section.

A person who commits an offense under this section is, on conviction, subject to a fine not to exceed the sum of $200.00 for each offense. On conviction, the court shall order removal and abatement of the nuisance.

(b)

Procedures for abating nuisance.

In addition to the procedures set forth in subsection (a) of this section, upon complaint or upon his own initiative, the mayor or his delegate is hereby authorized to abate such nuisances under the following procedures for the abatement and removal of junked vehicles, or parts of junked vehicles as a public nuisance from private property, public property, or public rights-of-way.

Notice for nuisance on private property.

For a nuisance on private property, notice of not less than ten days shall be given, stating the nature of the public nuisance on private property, that it must be removed and abated within ten days, and if a hearing is desired, a request for a hearing must be made before expiration of the ten-day period. The notice must be mailed by certified mail, with a five-day return requested, to the last known registered owner of the junked vehicle and/or equipment/trailers, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.

Notice for nuisance in public property.

For a nuisance on public property, notice of not less than ten days shall be given, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten days, and if a hearing is desired, a request for hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked vehicle, any lienholder of record, and the owner or occupant of the public premises, or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.

Public hearing; order to remove vehicle.

Upon a request for a hearing as provided for in this subsection (b), a public hearing shall be held before the municipal court of the city for determination of the existence of a junked vehicle as a public nuisance, and for the purpose of entering an order requiring the removal of the vehicle or vehicle part as a public nuisance. Where a request for a hearing has not been made, the judge of the municipal court, if shown that a public nuisance exists, may enter an order requiring the removal of the vehicle or vehicle part as a public nuisance. The order requiring the removal of the vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.

(4)

Notice to department of transportation.

Notice shall be given to the state department of transportation not later than 50 days after the date of removal. The notice must identify the vehicle or vehicle part.

(5)

Vehicle not to be reconstructed or made operable.

Where the junked vehicle is declared a public nuisance by such official and is ordered to be removed, it shall not thereafter be reconstructed or made operable.

(6)

Administration of procedures.

These procedures must be administered by a regularly salaried full-time employee of the city as designated by the mayor, except that the removal of the vehicle or vehicle part from property may be by any duly authorized person.

(7)

Authorization of administrator.

The person designated by the mayor to administer the procedures authorized by this article may enter upon private property for the purposes specified in these procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle part that constitutes a nuisance. The judge of the municipal court of the city may issue orders necessary to enforce these procedures.

(8)

Violation; penalty.

Any person who fails to abate such public nuisance and to remove the vehicle or vehicle part after being directed to do so by the judge of the municipal court of the city shall be deemed guilty of a misdemeanor, and upon conviction in the municipal court such person shall be subject to a fine not to exceed the sum of $200.00 for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense.

(c)

Applicability of provisions.

The procedures set forth in subsection (b) of this section do not apply to a vehicle or vehicle part that is:

Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

§ 8.06.004 Disposal of junked vehicles; city’s rights of entry upon private premises.

A vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, that is an antique or special-interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or vehicle part 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, such as a privacy fence.

(Ordinance 98-4, sec. 3, adopted 6/8/98; 2007 Code, sec. 34-21: Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)

Junked vehicles may be disposed of by removal to a scrap yard, demolishers or any other suitable site. Vehicles so removed shall not thereafter be reconstructed or made operable. Persons authorized under this article and as designated by the mayor may enter upon private property for the purposes specified in this article to examine vehicles or parts thereof, obtain information as to the identity of vehicles and remove or cause the removal of vehicles or parts thereof declared to be a nuisance by the judge of the municipal court.

(Ordinance 98-4, sec. 4, adopted 6/8/98; 2007 Code, sec. 34-22)

§ 8.06.005 Registration when impounded.

All motor vehicles, watercraft, and outboard motors, trailers, tractors, or agriculture equipment taken into custody by the local law enforcement agency under this article shall be registered in a record book provided for that purpose. The register must contain the following information:

Description of the motor vehicle, watercraft, or outboard motor;

Time and place seized and by whom;