As used herein, the following words and phrases shall have the following meanings:
City council.
The city council of the City of Canadian, Texas.
Completely fenced area.
That lot, tract, parcel of land, or portion thereof which is completely surrounded by a fence or wall which:
(1) 
Is of solid construction; and
(2) 
Completely covers the area from the ground to a minimum height of eight (8) feet above the ground.
Owner/occupant.
That person who has a right of possession of that lot, tract, parcel of land, or portion thereof, upon which a salvage yard is located.
Person.
Any individual, firm, partnership, association, corporation, company, or organization of any kind.
Salvage yard.
That lot, tract, parcel of land, or portion thereof, which is not located within an enclosed building or completely fenced area, as hereinafter defined, upon which the following materials:
(1) 
Household appliances;
(2) 
Household electrical or plumbing fixtures;
(3) 
Floor coverings;
(4) 
Window coverings;
(5) 
Used lumber;
(6) 
Brick;
(7) 
Cement block;
(8) 
Wire;
(9) 
Tubing and pipe;
(10) 
Tubs;
(11) 
Drums;
(12) 
Barrels;
(13) 
Roofing material;
(14) 
Air conditioning and heating equipment not currently in use;
(15) 
Vehicle components and parts;
(16) 
Furniture other than that designed for outdoor use;
(17) 
Residential lawn care equipment and machinery;
(18) 
Pallets;
(19) 
Windows;
(20) 
Doors;
(21) 
Sheetmetal;
(22) 
Structural steel;
(23) 
Chain;
(24) 
Vending machines;
(25) 
Radios;
(26) 
Televisions;
(27) 
Tires;
(28) 
Rope;
(29) 
Signs;
(30) 
Inoperable machinery or equipment;
or parts of said materials, or any combination thereof, are maintained or are stored for more than seventy-two (72) consecutive hours.
Salvage yard materials.
One or more of those items defined in subsections (1) through (30) of the definition of “Salvage yard.”
(1977 Code, sec. 9-41; 2004 Code, sec. 8.501; Ordinance adopting 2016 Code)
The presence of a salvage yard on any lot, tract, parcel of land, or portion thereof, within the corporate limits of the city, is hereby deemed a public nuisance. From and after the effective date of this article, it shall be unlawful and a violation of this article for a person:
(1) 
To cause or maintain a salvage yard on the property of another; and/or
(2) 
Allow a salvage yard to exist upon property to which he has the right of possession.
(1977 Code, sec. 9-42; 2004 Code, sec. 8.502)
Upon receipt of a written complaint that a salvage yard exists on a lot, tract, parcel of land, or portion thereof, specifically described in said complaint, located within the corporate limits of the city, the city council shall, after having given the notice hereinafter described, conduct a public hearing at which it shall hear evidence and make a determination as to whether the then-existing use of said land constitutes a salvage yard. Prior to said public hearing, the city shall: (i) give public notice of said hearing at least fourteen (14) days prior to the date of said hearing by publication in a newspaper of general circulation within the city, and (ii) give written notice of said hearing at least ten (10) days prior to the date of said hearing to each person then known or suspected by the city to be an owner/occupant of the property upon which the alleged salvage yard exists. Said written notice shall state that the person to whom it is delivered shall have the right to appear at such hearing in person and/or by attorney and present evidence and argument relevant to the determination by the city council as to whether a salvage yard exists upon the property described in the written complaint. Such written notice shall be served: (i) by certified mail with a five (5) day return requested, or (ii) by personal service by a police officer of the city. If any such written notice is returned undelivered by the United States Postal Service, then in that event the public hearing shall be postponed until a date not less than ten (10) days from the date of the city’s receipt of said return.
(1977 Code, sec. 9-43; 2004 Code, sec. 8.503)
If, after the public hearing described in section 8.04.003 of this article, the city council shall, by a majority vote of those councilmen present and voting, find that a salvage yard exists upon the property described in the written complaint, then the city council shall, by duly adopted ordinance, order each owner/occupant of the property described in the written complaint to abate the public nuisance created by the existence of the salvage yard so found within sixty (60) days from the date of his receipt of said ordinance, by: (i) removing the salvage yard material from the property described in the written complaint, or (ii) placing said salvage yard material in an enclosed building or completely fenced area located upon the property described in the written complaint. Said ordinance ordering abatement of the salvage yard nuisance shall be served upon each owner/occupant by a police officer of the city. In the event that each owner/occupant of the property so served with the ordinance ordering abatement of the salvage yard nuisance fails to abate said nuisance within sixty (60) days from the date of his receipt of said ordinance, as described above, then the city council may order the city attorney to file suit, seeking a declaration that a salvage yard nuisance exists upon the property as described in the abatement ordinance, and further seeking abatement of said public nuisance by mandatory injunction, as well as any other relief to which the city may be entitled.
(1977 Code, sec. 9-44; 2004 Code, sec. 8.504)
Any person violating this article shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code, including costs, for each offense. Each day the violation is permitted to exist shall constitute a distinct and separate offense and is punishable as such.
(1977 Code, sec. 9-45; 2004 Code, sec. 8.505)