The police department of the city or its duly authorized representatives
are hereby authorized to enter upon private property for the examination
of vehicles or parts thereof and to obtain information as to the identity
of vehicle, and remove or cause the removal of the vehicle or vehicle
part that constitutes a nuisance.
(Ordinance 2008-0880 adopted 12/15/08)
(a)
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 public; tends to reduce
the value of private property; invites vandalism; creates fire hazards;
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 municipality; and is a public nuisance.
(b)
A
person commits an offense if the person maintains a public nuisance
as described in this article.
(c)
An
offense under this article is punishable by a fine as provided for
in the general penalty provision. On conviction, the court shall order
removal and abatement of the nuisance.
(Ordinance 2008-0880 adopted 12/15/08)
The provisions of this article pertaining to junked vehicles
shall not apply to:
(1)
A
vehicle or part thereof which 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 part thereof which 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)
Unlicensed,
operable or inoperable antique autos and special interest vehicles
stored by a motor vehicle collector on the collector’s property,
if the vehicle or part and the outdoor storage area are maintained
in an orderly manner, not a health hazard; and is screened from ordinary
public view by appropriate means, including a fence, rapidly growing
trees, or shrubbery.
(Ordinance 2008-0880 adopted 12/15/08)
The municipal court shall be authorized to issue orders necessary
to enforce the procedures of this division.
(Ordinance 2008-0880 adopted 12/15/08)
Whenever a junked vehicle exists on private or public property
or a public right-of-way, the city manager or designee is hereby authorized
to abate such nuisance under the following:
(1)
Notice.
Notice of not less than ten (10) days, stating
the nature of the public nuisance, and that it must be removed and
abated within ten (10) days, and that a request for a hearing must
be made before expiration of such ten-day period. The notice must
be sent by certified mail with a five-day return requested to the
last known registered owner of the nuisance, each lienholder of record
of the nuisance and the owner or occupant of the property on which
the nuisance is located; or if the nuisance was located on a public
right-of-way, the property adjacent to the right-of-way. 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, hand delivered. If notice is returned undelivered, action
to abate the nuisance shall be continued to a date not earlier than
the eleventh day after the date of the return.
(2)
Hearing.
Upon timely request by the owner or occupant,
a public hearing shall be held by the municipal court judge not earlier
than the eleventh (11th) day after the date of the service of notice
for the purposes of determination of the existence of a nuisance and
for its removal. At the hearing, the junked motor vehicle is presumed,
unless demonstrated otherwise by the owner, to be inoperable. Where
a request for a hearing has not been made, the judge of the municipal
court, if shown that a nuisance exists, may enter an order requiring
the removal of the nuisance. The order requiring the removal of the
nuisance must if the information is available, include the junked
vehicle’s description, vehicle identification number and the
license plate number.
(3)
Notice
shall be given to the state department of transportation not later
than the fifth (5th) day after the date of removal identifying the
vehicle or part of the vehicle.
(4)
Where
the junked vehicle is declared a public nuisance by the municipal
court judge, it shall not thereafter be reconstructed or made operable.
(5)
The
procedures set forth in this article must be administered by a regularly
salaried full-time employee of the city, except an authorized person
may remove the nuisance.
(6)
Any
person authorized to administer the procedures under this article
may enter private property to examine a public nuisance, to obtain
information to the identity of the nuisance, and to remove or direct
the removal of the nuisance. The municipal court judge may issue orders
necessary to enforce these procedures.
(Ordinance 2008-0880 adopted 12/15/08)
(a)
A request for a hearing shall be made in writing to the municipal court. The municipal court shall set a date and time for the hearing and shall notify the requestor, and all persons entitled to notice under section 8.03.065, of the date and time for such hearing and the location of the hearing. If the address of persons entitled to notice under section 8.03.065, is not available, such notice may be otherwise delivered or posted in accordance with section 8.03.065.
(b)
If a hearing is requested by a person to whom notice is required to be sent in accordance with section 8.03.065, the hearing shall be held not earlier than the eleventh (11th) day after the date of service of the notice.
(c)
The
municipal court 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 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. It is presumed that the vehicle or vehicle part is inoperable
unless demonstrated otherwise by the owner.
(d)
If
the court so finds the vehicle in question is a junked vehicle or
a part thereof, it 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 (10) days of the order that the chief of
police, or someone acting under this 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:
(Ordinance 2008-0880 adopted 12/15/08)
If the nuisance stated in the aforesaid notice is not removed
and abated and a hearing is not requested within ten (10) days after
services of the notice to abate the nuisance, then the police department
shall make application to the municipal court to abate the nuisance,
followed by an application to the court for an order authorizing the
removal of the junked vehicle or part thereof and the court shall
set such application for hearing. If, upon hearing, the court finds
that the vehicle in question is a junked vehicle or part thereof,
the court shall order the removal and abatement of the nuisance.
(Ordinance 2008-0880 adopted 12/15/08)
(a)
Removal
of the nuisance shall be carried out, or caused to be carried out,
by the chief of police or his authorized agent, in accordance with
this article, and the orders issued hereunder.
(b)
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.
(c)
A
junked vehicle or part may not be reconstructed or made operable after
it is removed.
(d)
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.
(e)
Junked
motor vehicles or vehicle parts may be disposed of in accordance with
this article.
(Ordinance 2008-0880 adopted 12/15/08)
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 2008-0880 adopted 12/15/08)
