As used herein, the following words and phrases shall have the meanings set forth adjacent to them:
Demolisher.
Any person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.
Junked vehicle.
A vehicle that:
(1) 
Is self-propelled; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
72 consecutive hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(1)
A motor vehicle that displays an expired license plate or does not display a license plate;
(2)
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47; or
(3)
A watercraft that:
 
(A)
Does not have lawfully on board an unexpired certificate of number; and
 
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
This definition shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 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; a vehicle or vehicle part in an appropriate storage place or depository maintained in a lawful place and manner by the city; vehicles in operable condition specially adapted or constructed for racing or operation on privately owned drag strips or raceways; or an unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so that they 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.
Person.
Any individual, firm, partnership, association, corporation, company, or organization of any kind.
(1977 Code, sec. 9-31; Ordinance adopting 2004 Code; 2004 Code, sec. 8.401; Ordinance adopting 2016 Code)
The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, and located in a place where it is visible from a public place or public right-of-way, within the city, shall be deemed a public nuisance, and it shall be unlawful for any person or persons to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning, or discarding his or their vehicle or vehicles on the property of another or to suffer, permit, or allow the same to be placed, located, maintained, or exist upon his or their own real property; provided that this section shall not apply to a vehicle or vehicles or a part thereof not defined as a junked vehicle under section 8.05.001 of this article.
(1977 Code, sec. 9-32; 2004 Code, sec. 8.402)
Whenever any such public nuisance exists on either private or public property within the corporate limits of the city in violation of this article, the city manager or code enforcement officer, who shall be authorized to enforce this article, shall send written notice, by certified mail with a 5-day return requested, to the owner or occupant of the private premises on which the public nuisance exists, to the owner or occupant of the public premises on which the public nuisance exists, or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, to abate or remove the same. The notice shall specify the nature of the public nuisance and its location, specify that it must be removed and abated within ten (10) days after the delivery date of the certified mail receipt of such notice, specify that a request for a public hearing under section 8.05.004 of this article must be made in writing to the city manager before expiration of said 10-day period, and specify that failure to request a public hearing under section 8.05.004 of this article shall constitute consent to the removal and abatement of such public nuisance by the city. If the notice is returned undelivered by the United States Postal Service, official action by the city to abate the nuisance shall be continued to a date not less than less than ten (10) days from the date of such return.
(1977 Code, sec. 9-33; 2004 Code, sec. 8.403)
Upon written request to the city manager by the owner or occupant of the public or private premises on which the junked vehicle or part thereof exists or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle or a part thereof exists, and provided that such request is made within ten (10) days after the delivery of the certified mail receipt of the notice to abate the nuisance, a public hearing shall be held before the city council prior to the removal of the junked vehicle or part thereof as a public nuisance. The city manager shall place such hearing on the agenda of the city council, give notice to the owner or occupant requesting the hearing of the time and place of the next meeting of the city council, and state in such notice that the city council will make a determination as to whether the vehicle or part thereof constitutes a nuisance under the terms of this article, and shall invite the owner or occupant to appear in person or by an attorney and present the reasons for his protest of the removal of the vehicle or part thereof as a public nuisance under the terms of this article. If, after hearing the evidence and making such investigation as the council deems necessary, the council shall determine that the vehicle or part thereof in question constitutes a nuisance, the council may, by resolution, order the same removed from the premises, or it may recommend prosecution in municipal court in accordance with the penal provisions hereof. Any resolution or order by the council requiring the removal of a vehicle or part thereof as a public nuisance shall include a description of the vehicle and the correct identification number and license number of the vehicle if available at the site.
(1977 Code, sec. 9-34; 2004 Code, sec. 8.404)
If, within ten (10) days after receipt of notice from the city manager or code enforcement officer, as herein provided, the owner or occupant of the premises shall give his written permission to the city manager or code enforcement officer 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.
(1977 Code, sec. 9-35; 2004 Code, sec. 8.405)
(a) 
If such public nuisance is not abated by the owner or occupant of the premises after notice is given in accordance with this article, and the owner or occupant of the premises fails, neglects or refuses to request a public hearing under section 8.05.004 of this article, official action shall be taken or caused to be taken by the city manager or code enforcement officer to abate such nuisance by removing the junked vehicle from the premises. Upon removal from the premises, junked vehicles or parts thereof may be disposed of by immediate removal to a demolisher or any suitable site operated by the city for processing as scrap or salvage. After a vehicle has been removed pursuant to this section, it shall not be reconstructed or made operable by any person.
(b) 
A junked vehicle disposed of to a demolisher in accordance with this section must be transferred to such demolisher by a form acceptable to the state department of transportation (Form #MVD 71-5). The transfer receipt must be listed on the demolisher’s inventory sheet and surrendered to the state department of transportation in lieu of the certificate of title.
(c) 
Notice shall be given to the state department of transportation within five (5) days after the date of removal of the vehicle or part thereof from the premises, identifying the vehicle or part thereof.
(1977 Code, sec. 9-36; 2004 Code, sec. 8.406)
The city manager or code enforcement officer may enter upon private property for the purpose specified in this article to examine vehicles or parts thereof, to obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. The municipal court of the city shall have authority to issue all orders necessary to enforce this article.
(1977 Code, sec. 9-37; 2004 Code, sec. 8.407(a))
The relocation of a junked vehicle that is a public nuisance to another location within the corporate city limits after a proceeding for the abatement or removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Ordinance adopting 2004 Code; 2004 Code, sec. 8.407(b))
Upon conviction for the violation of any provision of this article relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist, such violator shall be punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code, and each day’s violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such.
(1977 Code, sec. 9-38; 2004 Code, sec. 8.408)