In this article:
Abandoned vehicle.
(1) 
A motor vehicle that is inoperable, and is more than five years old and left unattended on public property for a period of more than 48 hours;
(2) 
A motor vehicle that has remained illegally on public property for a period of more than 48 hours;
(3) 
A motor vehicle that has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours; or
(4) 
A motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within the state for more than 48 hours or for more than 24 hours on a turnpike project constructed and maintained by the Texas Turnpike Authority.
Antique vehicle.
A passenger car or truck that is at least 25 years old.
Collector.
The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
Dismantled or partially dismantled.
Dismantled to the degree that the vehicle is not usable for the vehicle’s designed and intended purpose.
Inoperable.
A vehicle that cannot be started, driven, operated, steered, or stopped under its own power or without causing damage to the vehicle.
Junked vehicle.
Any motor vehicle that is self-propelled and:
(1) 
Displays an expired license plate or does not display a license plate; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
Seventy-two consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty consecutive days, if the vehicle is on private property.
(3) 
For purposes of this article, “junked vehicle” also includes aircraft or watercraft and applies only to:
(A) 
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft regulations in 14 C.F.R. part 47; or
(B) 
A watercraft that does not have lawfully on board an unexpired certificate of number and is not a watercraft described by section 31 of the Texas Parks and Wildlife Code.
Motor vehicle.
Every vehicle that is subject to registration under the Certificate of Title Act, V.T.C.A., Transp. Code.
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.
Person.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
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.
Vehicle.
Every mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck trailers, trailers, and semitrailers, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
Wrecked.
Damaged to the extent that the vehicle is not usable for the vehicle’s designed and intended purpose.
(Ordinance 442 adopted 1/11/94; Ordinance 830-09, sec. 1, adopted 10/27/09; Ordinance 1118-2016 adopted 8/9/16; Ordinance adopting Code)
(a) 
Custody.
Notwithstanding any other provision of this article to the contrary, the police department may take into custody an abandoned motor vehicle found on public or private property.
(b) 
Procedures.
If an abandoned vehicle is taken into custody, the police department shall follow the procedures set forth in chapter 683, subchapter B, Abandoned Motor Vehicles: Seizure and Auction, Texas Transportation Code.
(Ordinance 526 adopted 11/24/98; Ordinance 1118-2016 adopted 8/9/16)
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 is detrimental to the safety and welfare of the public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is 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 a public nuisance.
(Ordinance 1118-2016 adopted 8/9/16)
The provisions of this article shall not apply to:
(1) 
A vehicle or vehicle part that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property;
(2) 
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; or
(3) 
A vehicle or vehicle part 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:
(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 1118-2016 adopted 8/9/16)
(a) 
Enforcement without notice.
Notwithstanding the notice requirements contained in section 8.04.006 for abatement of nuisance, whenever a junked vehicle is found to exist within the city in violation of section 683.073, Texas Transportation Code, the city may, without notice, pursue the filing of an immediate criminal complaint against the owner of the vehicle or the person responsible for the violation.
(b) 
Enforcement with notice.
If the city notifies the occupant of private property or public property or a premises adjacent to the public right-of-way in the city to remove a junked vehicle from the property as provided in section 8.04.006, and if the owner or occupant fails to either remove the vehicle or request a hearing with the required ten-day period, the city may pursue the filing of a criminal complaint against the owner or occupant in the city municipal court for violation of section 683.073, Texas Transportation Code.
(c) 
Authority of municipal court.
Whenever a person is convicted in the city municipal court of maintaining a junked vehicle constituting a public nuisance in violation of section 683.073, Texas Transportation Code, or section 8.04.012 of this article, the court shall, upon conviction, enter an order directing the city to immediately abate the public nuisance which was the subject of the criminal complaint and assess the reasonable costs of abatement against the guilty party. Any order so entered shall take effect immediately upon conviction becoming final, and is in addition to any fine assessed.
(Ordinance 526 adopted 11/24/98)
(a) 
Persons to notify.
Prior to any official action being taken to abate or remove a junked vehicle constituting a public nuisance from private property, public property, or public right-of-way, except as otherwise provided in this article, not less than ten (10) days notice shall be given, except as hereinafter provided, to the following parties:
(1) 
The last known registered owner of the junked vehicle;
(2) 
Any lienholder of record; and
(3) 
The owner or occupant of the property upon which the junked vehicle is located or, if the junked vehicle is located on a public right-of-way, the owner or occupant of the property adjacent to the right-of-way.
(b) 
Contents of notice.
The notice required by subsection (a) shall be either personally delivered, mailed by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service. The notice shall state the following:
(1) 
The nature of the public nuisance;
(2) 
The nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed;
(3) 
The addressee is entitled to a public hearing if requested in writing prior to the expiration of the ten-day period, and if a public hearing is timely requested, the hearing will be held prior to the removal of the nuisance by the city;
(4) 
A request for a public hearing must be filed with the permit clerk of the permit division of the city;
(5) 
The addressee is entitled to speak at the public hearing, either by making a request prior to the time of the hearing or by making a request at the time of the hearing;
(6) 
In the event that no request for a hearing is received before the expiration of the ten-day period or the persons entitled to notice fail to attend a requested hearing, it shall be conclusively presumed that the vehicle or vehicle part is a junked vehicle as defined under state law and this article; and
(7) 
Failure to abate the nuisance, failure to request a public hearing, or failure to attend a public hearing that has been requested constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to disposal of the junked vehicle under the terms of the Texas Transportation Code and this article concerning the disposal of junked vehicles.
(c) 
Returned notice.
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 earlier than the 11th day after the date of the return of the notice.
(d) 
Notice to registered owner.
If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, notice may be hand delivered.
(Ordinance 1118-2016 adopted 8/9/16)
(a) 
Hearing officer.
The judge of the municipal court of the city shall conduct all hearings necessary for the application and enforcement of this article.
(b) 
Request for hearing.
A request for a hearing under this article shall be made in writing and shall be delivered to the permit clerk of the permit division of the city. If timely requested, a public hearing shall be held before the judge not earlier than the eleventh (11th) day after the date on which the notice required by section 8.04.006 was delivered or mailed.
(c) 
Notice of hearing.
If a hearing is timely requested, the permit clerk of the city shall notify the persons entitled to notice under section 8.04.006(a) of a date and time of the hearing to determine whether the vehicle or part of a vehicle is a junked vehicle.
(d) 
Evidence.
At the hearing, the judge shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and any other interested persons relative to the alleged public nuisance. The hearing may be continued from time to time.
(e) 
Presumption.
At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(f) 
Determination.
Following the hearing, the judge shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a public nuisance. If the judge finds that a public nuisance does exist and that the notice requirements of section 8.04.006 have been satisfied, the judge shall make a written order setting forth his findings and ordering that the nuisance be abated by the city and that the vehicle be disposed of in accordance with subchapter E, chapter 683, Texas Transportation Code and this article.
(g) 
Special provisions for order.
If the information is available at the location of the nuisance, an 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.
(3) 
For a watercraft, the watercraft’s:
(A) 
Description; and
(B) 
Identification number as set forth in the watercraft’s certificate of number.
(h) 
Order without hearing.
In the event that no request for a hearing is received before the expiration of the ten-day period or the persons entitled to notice fail to attend a requested hearing, it shall be conclusively presumed that the vehicle or part of a vehicle is a junked vehicle as defined under state law and this article and the judge shall make a written order that the junked vehicle be abated by the city and disposed of in accordance with subchapter E, chapter 683, Texas Transportation Code and this article.
(Ordinance 1118-2016 adopted 8/9/16)
(a) 
Removal.
In the event the hearing officer orders the abatement of the nuisance, the city or any authorized person may abate such public nuisance by removal and disposal of the junked vehicle.
(b) 
Reconstruction of vehicle.
After any junked vehicle has been removed under authority of this article, it shall not be reconstructed or made operable again.
(c) 
Disposal.
Any junked vehicle taken into custody by the city or any authorized person pursuant to this article, shall be disposed of in accordance with the applicable provisions of section 683.078, Texas Transportation Code.
(Ordinance 442 adopted 1/11/94; Ordinance 526 adopted 11/24/98; Ordinance 540 adopted 9/28/99)
Not later than the fifth (5th) day after the date of removal of a junked vehicle pursuant to this article, notice must be given to the state department of transportation. The notice must identify the vehicle.
(Ordinance 442 adopted 1/11/94)
(a) 
Administration of article.
This article shall be administered by regularly salaried, full-time employees of the city as designated by the city council, except that removal of a nuisance may be performed by any authorized person.
(b) 
Entry onto property.
A person authorized by the city to administer the procedures of this article may enter private property to examine a vehicle, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle that constitutes a nuisance.
(c) 
Enforcement.
The city municipal court may take any actions and issue any orders necessary to enforce the procedures of this article.
(d) 
Relocation of junked vehicle.
After the city has sent notices in accordance with section 8.04.006, the relocation of a junked vehicle, that is a public nuisance, to another location in the city has not effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Ordinance 1118-2016 adopted 8/9/16)
This article does not affect any ordinance or law authorizing the immediate removal as an obstruction to traffic of a vehicle left on public property.
(Ordinance 442 adopted 1/11/94)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 8.04.003.
(b) 
An offense under this section is a misdemeanor punishable by a fine as provided in section 1.01.009 for each offense.
(c) 
Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 1118-2016 adopted 8/9/16)