For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Antique vehicle.
A passenger car or truck that is at least 25 years old.
Collector.
A person who owns one or more antique or special interest vehicles and who collects, acquires, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore and preserve an antique or special interest vehicle for historic interests.
Junked vehicle.
A vehicle that is self-propelled and:
(1) 
Does not have lawfully attached to it a valid and unexpired license plate and motor vehicle registration insignia; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
48 hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property;
(C) 
Has remained illegally on public property for more than 48 hours;
(D) 
Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(E) 
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours; or
(3) 
Is considered a junked motor vehicle under chapter 683 of the Texas Transportation Code.
Person.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
Special interest vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(Ordinance 820, sec. 1, adopted 4/24/17)
It shall be unlawful to do or perform any act prohibited by this article, and it shall be unlawful to fail to do or perform any act required under this article. An offense under this article is a misdemeanor punishable by a fine as provided in section 1.01.009 of this code. Upon conviction, the court shall order the removal and abatement of the nuisance. Each day in violation of any of the provisions hereof shall be considered a separate offense.
(1999 Code, sec. 97.99)
(a) 
A junked vehicle, including a part of a junked vehicle, that 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 a fire hazard, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and produces urban blight adverse to the maintenance and continued development of the city. As such, junked vehicles are declared a public nuisance.
(b) 
It shall be unlawful for any person to cause, maintain or allow to exist such a nuisance on the real property of another, on real property that he occupies, or on real property that he owns.
(c) 
These provisions shall not apply with regard to:
(1) 
A vehicle or vehicle part that is completely enclosed within 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 a junkyard; or
(3) 
An antique or special interest vehicle stored by a collector on his property, provided that the vehicle or vehicle part and the outdoor storage area (if any) are maintained in an orderly manner, do not constitute a health hazard, and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Appropriate means shall not include a tarp or similar covering.
(d) 
Nothing in this article shall affect a law authorizing the immediate removal of a vehicle left on public property that is an obstruction to traffic.
(Ordinance 820, sec. 2, adopted 4/24/17)
(a) 
Whenever any such public nuisance exists on premises within the city in violation of the provisions of this article, the city manager or his duly authorized agent shall order that the nuisance be abated. Such order shall:
(1) 
Be in writing.
(2) 
Specify the public nuisance and its location.
(3) 
Specify the corrective measures required.
(4) 
State that the nuisance be abated and removed not later than the tenth day after the date on which the notice was mailed.
(5) 
State that the owner may, within ten days of the mailing of the notice, request in writing to the municipal court clerk a hearing to determine whether the junked vehicle is a nuisance.
(b) 
(1) 
Such notice shall be sent to:
(A) 
The last known registered owner of the nuisance;
(B) 
Each lienholder of record of the nuisance; and
(C) 
The owner or occupant of the property on which the nuisance is located or, if the nuisance is located on a public right-of-way, the owner or occupant of the property adjacent to the right-of-way.
(2) 
Notice shall be sent by certified mail with a five-day return requested. 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.
(c) 
If the notice is returned undelivered by the United States post office, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.
(1999 Code, sec. 97.03)
(a) 
At the time a junked vehicle is located, in addition to any other notices required by this article, a visible notice, brightly colored but of a color different from that used for notices of abandonment, shall be securely affixed to such vehicle. Such notice shall state:
(1) 
The nuisance must be abated and removed not later than the tenth day after the date of the notice;
(2) 
A hearing may be requested in writing before the ten-day period expires to contest the notice, with such written notice filed with the municipal court clerk; and
(3) 
The date the notice was affixed.
(b) 
Affixing the notice set out herein shall not be a condition or requirement precedent to any proceeding or official action to abate such nuisance, and such proceeding or action shall not be rendered void or voidable, or in any way affected, by failure to affix the visible notice prescribed herein.
(c) 
In the event the ten-day period set out on the visible notice is different from that prescribed in any other notice served as provided in this article, official action or proceedings to abate such nuisance shall not be commenced until after the expiration of both periods of time.
(1999 Code, sec. 97.04)
(a) 
A person receiving notice under section 8.03.004 or 8.03.005 shall be entitled to request a public hearing before the vehicle or any part of it is removed as a public nuisance. Such request for a public hearing must be made in writing to the clerk of the municipal court within ten days after the notice to abate the nuisance has been mailed.
(b) 
If a person for whom notice is required under sections 8.03.004 and 8.03.005 requests a hearing, the hearing shall be held not earlier than the eleventh day after the date of the service of notice.
(c) 
Upon receiving a request for a hearing, the clerk of the municipal court shall set a date and time for such hearing before the municipal court judge. The clerk of the municipal court shall notify the person requesting the hearing in writing as to the date and time of such hearing.
(1999 Code, sec. 97.05)
(a) 
The municipal court judge shall hear any case brought under this article and shall determine whether or not the subject vehicle is a junked vehicle in violation of this article. At the hearing, the junked vehicle is presumed to be inoperable unless demonstrated otherwise by the owner.
(b) 
If the municipal court judge determines that the subject vehicle is a junked vehicle within the terms of this article, the judge shall order the owner or occupant of the property upon which the junked vehicle is located to remove the vehicle within five days from the date of the order. The order shall include a description of the vehicle, the vehicle identification number, and the license plate number, if available.
(1999 Code, sec. 97.06)
If a person served with notice to abate or remove a nuisance pursuant to this article does not request a public hearing and either fails or refuses to comply with the order of the city manager or his duly authorized agent within the ten-day period after service thereof, the city manager or his duly authorized agent shall cause said junked vehicle to be removed.
(1999 Code, sec. 97.07)
Upon a showing of the following facts to the municipal court judge, the municipal court judge may issue an order directing the removal of a junked vehicle from premises if:
(1) 
Neither the owner nor the occupant of the premises can be found and notified to remove the nuisance; or
(2) 
The notice required by section 8.03.004 is returned undelivered by the U.S. post office and ten days after the return of such notice the nuisance has not been abated.
(1999 Code, sec. 97.08)
If, within ten days after receipt of notice from the city manager or his duly authorized agent to abate the nuisance, the individual notified gives written permission to the city manager for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this article.
(1999 Code, sec. 97.09)
(a) 
Junked vehicles shall be disposed of in such manner as the city manager or his duly authorized agent may designate, consistent with state law; provided, however, such vehicle shall not be reconstructed or made operable. Disposal may be by removal or sale, with or without competitive bidding, to a scrap yard or to a motor vehicle demolisher.
(b) 
Within five days after the date of removal, notice shall be given to the state department of transportation identifying the vehicle or part thereof so the department may cancel the certificate of title to the vehicle.
(1999 Code, sec. 97.10)
(a) 
The administration of this article shall be executed by regularly salaried, full-time employees of the city as may be designated by the city manager; provided, however, that any authorized person may remove the nuisance.
(b) 
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. Such authority shall be exercised only with reason and good discretion.
(1999 Code, sec. 97.11; Ordinance adopting Code)