In this article, the term “junked vehicle” shall
mean a vehicle that is self-propelled and: 683.071 et seq.
(Ordinance 2013-01-23, sec. 2013-01-23.001,
adopted 1/22/13)
(a)
Automotive
vehicles or trailers not bearing current license plates and state
motor vehicle inspection stickers, excluding racing cars, and cars
belonging to members of armed forces who are on active duty, shall
be parked or stored on and [any] residential area only in completely
enclosed buildings.
(b)
A
junked vehicle, including a part of a junked vehicle, that is located
in a place where it is visible from a public place or public right-of-way
is detrimental to the safety and welfare of the general public, tends
to reduce the value of private property, invites vandalism, creates
fire hazards, constitutes an attractive nuisance creating a hazard
to the health and safety of minors, and produces urban blight adverse
to the maintenance and continuing development of the city, and is
hereby declared a public nuisance.
(c)
Section
683.072 of the Transportation Code declares a junked vehicle or part
thereof visible from a public place or public right-of-way a public
nuisance.
(Ordinance 2013-01-23, sec. 2013-01-23.002,
adopted 1/22/13)
A person commits an offense under the Transportation Code when
he or she maintains a junked vehicle or vehicle part in a manner declared
a public nuisance, and it is the city council’s intent that
the municipal police of the city enforce the Transportation Code to
discourage the creation and/or maintenance of such a public nuisance.
Section 683.073 of the Transportation Code makes such an offense (misdemeanor)
punishable by a fine not to exceed $200.00.
Section 683.073(c) of the Transportation Code also requires
the court in which the case is tried to order abatement and removal
of the nuisance upon conviction.
(Ordinance 2013-01-23, sec. 2013-01-23.003,
adopted 1/22/13; Ordinance adopting
Code)
The city has, by this article, adopted procedures for the abatement,
removal and disposal of a junked vehicle or a part of a junked vehicle
as a public nuisance. These procedures conform to the requirements
of chapter 683, subchapter E, of the Texas Transportation Code.
(Ordinance 2013-01-23, sec. 2013-01-23.004,
adopted 1/22/13)
(a)
Prior
to the abatement and removal of the public nuisance, the chief of
police or his designee shall provide not less than ten (10) days’
written notice of the nature of the nuisance, which notice must be
personally delivered, or mailed by certified mail with a five-day
return requested, to:
(c)
If
the post office address of the last known registered owner of the
nuisance is unknown, notice may be placed on the nuisance or, if the
owner is located, personally delivered.
(d)
If
the notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the 11th day after the date
of the return.
(Ordinance 2013-01-23, sec. 2013-01-23.005,
adopted 1/22/13)
(a)
Procedure when hearing is requested.
(1)
If a hearing is requested by a person to whom notice is required to be sent in accordance with section 8.04.005, the hearing shall be held not earlier than the eleventh (11th) day after the date of service of the notice. A request for a hearing shall be made in writing to the mayor. The mayor will transmit the request to the municipal judge. Upon receiving a request for hearing, the clerk of the municipal court or the municipal judge himself/herself shall set a date and time for the hearing, and shall notify the requestor, and all persons entitled to notice under section 8.04.005, of the date and time for such hearing, and the location of the hearing. If the address of persons entitled to notice under section 8.04.005 is not available, such notice may be otherwise delivered or posted in accordance with section 8.04.005. The municipal judge shall hear the matter at the location, date and time noticed, unless changed by agreement or necessity with notice to the requestor, and shall, based on the information presented by the city representative(s) and the requestor (or any other person with a legal or equitable interest in the matter) at the hearing, make a determination of whether the vehicle or vehicle part is a public nuisance under this article.
(2)
Pursuant to section 683.076(c) of the Transportation Code, it is
presumed that the vehicle or vehicle part is inoperable unless demonstrated
otherwise by the owner. If the municipal judge so finds, he/she shall
enter an order making such finding, ordering the owner of the vehicle
or vehicle part, or owner or occupant of the private premises where
the vehicle or vehicle part is located, as the case may be, to abate
the public nuisance by removing or causing the removal of the same,
and directing that if such public nuisance is not abated within ten
days of the order that the chief of police, or someone acting under
his direction, remove or cause to be removed the vehicle or vehicle
part from the public or private property. The order shall be in writing,
and must include, if available at the location of the nuisance, the
following:
(b)
Procedure when hearing is not requested.
(1)
If a hearing is not requested by a person entitled to notice pursuant to section 8.04.005, the matter will be placed on the agenda of a regular or special meeting of the city council for public hearing and action. A public hearing will be held to receive information from city staff as to the alleged public nuisance. Any interested person (having a legal or equitable interest in the vehicle or vehicle part, or the property on which it is located) may also be heard. Comments from the public may be received within limits set by the city council. At the conclusion of the public hearing, the city council shall take action on the item. If the council determines that the vehicle or vehicle part constitutes a public nuisance within the purview of this article, it shall pass a written resolution making such determination, and directing that if such nuisance is not abated within ten (10) days of the resolution that the chief of police, or his authorized agent, remove or cause the removal of the nuisance from the private or public property, as the case may be. The resolution shall include the following, if available from the location of the nuisance:
(Ordinance 2013-01-23, sec. 2013-01-23.006,
adopted 1/22/13)
Pursuant to section 683.074(e) of the Transportation Code, the
chief of police or his authorized agent(s) 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 in accordance
with this article.
(Ordinance 2013-01-23, sec. 2013-01-23.007,
adopted 1/22/13)
Removal of the nuisance shall be carried out, or caused to be
carried out, by the chief of police or his authorized agent(s), in
accordance with this article, and the orders and resolutions issued
hereunder.
(1)
The
chief of police or other authorized city official shall give notice
to the state department of transportation identifying the vehicle
or vehicle part not later than the fifth (5th) day after the date
of removal.
(2)
A
junked vehicle or part may not be reconstructed or made operable by
the city after it is removed.
(3)
Nothing
herein shall be construed to affect laws or regulations permitting
the immediate removal of a motor vehicle or part left on public property
which constitutes an obstruction to traffic or a danger to the traveling
public.
(4)
Junked
motor vehicles or vehicle parts may be disposed of in accordance with
this article.
(Ordinance 2013-01-23, sec. 2013-01-23.008,
adopted 1/22/13)
The chief of police, or his authorized agent(s), may dispose
of or cause the disposal of the junked motor vehicle or vehicle part
by removal to a scrap yard, a motor vehicle demolisher, or a suitable
site operated by a county or a municipality, or as otherwise provided
by chapter 683, subchapter E of the Transportation Code, or amendments
or recodifications thereof.
(Ordinance 2013-01-23, sec. 2013-01-23.009,
adopted 1/22/13)
In accordance with the authority provided by section 683.074
of the Transportation Code, the relocation of a junked vehicle or
vehicle part that is a public nuisance to another location in the
city after a proceeding for abatement and removal of the public nuisance
has commenced by notice has no effect on the proceeding if the junked
vehicle or vehicle part constitutes a public nuisance at the new location.
(Ordinance 2013-01-23, sec. 2013-01-23.010,
adopted 1/22/13)
This article does not apply to a vehicle or vehicle part:
(1)
That
is completely enclosed in a building in a lawful manner and is not
visible from the street or other public or private property; or
(2)
That
is 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
and the outdoor storage area, if any, are:
(Ordinance 2013-01-23, sec. 2013-01-23.011,
adopted 1/22/13)
means a passenger car or truck that is at least 25 years
old.
means a person who:
means 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 2013-01-23, sec. 2013-01-23.012,
adopted 1/22/13)
This article shall not affect any ordinance of the city regarding
dangerous buildings, unlawful accumulation of rubbish or excessive
growth of vegetation or brush.
(Ordinance 2013-01-23, sec. 2013-01-23.013,
adopted 1/22/13)
