As used in this article, the following words and terms shall
have the meanings provided in this section:
Antique vehicle.
A passenger car or truck that is at least twenty-five (25)
years old.
Junked vehicle.
(1)
A vehicle that is self-propelled and:
(A)
Does not have a valid registration lawfully attached to it;
(B)
Is wrecked, dismantled or partially dismantled, or discarded;
or
(C)
Is inoperable and has remained inoperable for more than:
(i)
Seventy-two (72) consecutive hours if the vehicle is on public
property; or
(ii)
Thirty (30) consecutive days if the vehicle is on private property.
(2)
For the purpose of this article, “junked vehicle”
includes a motor vehicle, aircraft, or watercraft. This article applies
only to:
(A)
A motor vehicle that displays an expired registration or does
not display a license plate;
(B)
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
(C)
A watercraft that:
(i)
Does not have lawfully on board an unexpired certificate of
number; and
(ii)
Is not a watercraft described by section 31.055 Parks and Wildlife
Code.
Motor vehicle collector.
A person who:
(1)
Owns one or more antique or special interest vehicles; and
(2)
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.
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.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.501)
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:
(1) Is
detrimental to the safety and welfare of the general public;
(2) Tends
to reduce the value of private property;
(5) Constitutes
an attractive nuisance creating a hazard to the health and safety
of minors;
(6) Produces
urban blight adverse to the maintenance and continuing development
of the city; and
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.502)
(a) The
procedures for the abatement and removal of a public nuisance under
this article must provide not less than ten (10) days’ notice
of the nature of the nuisance. The notice must be personally delivered,
sent by certified mail with a five-day return requested, or delivered
by the United States Postal Service with signature confirmation service
to:
(1) The last known registered owner of the nuisance;
(2) Each lienholder of record of the nuisance; and
(3) The owner or occupant of the property upon which the nuisance is
located or the owner or occupant of the premises adjacent to the public
right-of-way on which the nuisance is located.
(b) The
notice must state that:
(1) The nuisance must be abated and removed not later than the tenth
(10th) day after the date on which the notice was personally delivered
or mailed;
(2) Any request for a hearing must be made before that 10-day period
expires; and
(3) Failure to abate the nuisance or failure to attend the hearing after
notice constitutes a waiver by the owner and lienholders of all right,
title and interest in the vehicle and their consent to dispose of
the junked vehicle under the terms of chapter 683 of the Texas Transportation
Code.
(c) 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, personally delivered.
(d) If
any notice is returned undelivered by the United States Postal Service,
official action to abate the nuisance shall be continued to a date
not earlier than the eleventh (11th) day after the date of the return
of the notice.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.503)
(a) If
the junked vehicle is not removed and abated within the prescribed
time period, the municipal court judge shall hold a public hearing
on the abatement and removal of the junked vehicle. At the hearing,
the municipal court judge shall hear and consider all relevant evidence,
objections or protests and shall receive testimony from owners, witnesses,
city personnel and interested persons relative to such alleged public
nuisance. The hearing may be continued from time to time.
(b) At
the hearing, the junked motor vehicle is presumed to be inoperable,
unless demonstrated otherwise by the owner.
(c) Following
the hearing, the municipal court judge shall consider all evidence
and determine whether the vehicle, or any part thereof, constitutes
a public nuisance as alleged. If the municipal court judge finds that
a public nuisance does exist and that there is sufficient cause to
abate the nuisance, and that the notice requirements provided in this
article have been met, the municipal court judge shall make a written
order setting forth his findings and ordering that the nuisance be
abated.
(d) If
the information is available at the location of the nuisance, the
order requiring removal of the nuisance must include:
(1) For a motor vehicle, the motor vehicle’s:
(B) Vehicle identification number; and
(2) For an aircraft, the aircraft’s:
(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:
(B) Identification number as set forth in the watercraft’s certificate
of number; and
(4) A statement that the vehicle will be disposed of in accordance with
the Texas Transportation Code.
(e) 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 1048 adopted 7/14/15; 2004 Code, sec. 8.504)
In the event the municipal court judge orders abatement of the
nuisance, the city or any duly authorized person may abate such public
nuisance by removal and disposal of the junked vehicle.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.505)
After any junked vehicle has been removed under the authority
of this article, it shall not be reconstructed or made operable again.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.506)
No 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. Such notice must identify
the vehicle or vehicle part.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.507)
Any junked vehicles taken into custody by the city or any duly
authorized person pursuant to a provision of this article shall be
disposed of in accordance with applicable provisions of chapter 683
of the Texas Transportation Code.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.508)
The provisions of this article shall not apply to a vehicle
or vehicle part that is:
(1) Completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property; or
(2) Stored
or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or 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;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.509)
(a) A person commits an offense if the person maintains a public nuisance described by section
8.08.002.
(b) An offense under this article is a misdemeanor punishable by a fine in accordance with the general penalty provision set forth in section
1.01.009 of this code. Each day an offense occurs shall be a separate offense.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.510)
(a) Any peace officer, code enforcement officer or other regularly salaried, full-time city employee is authorized to enforce this article. Such employee may issue a warning or a citation before issuing a notice pursuant to section
8.08.003.
(b) Upon
conviction of a violation of this article, the municipal court judge
shall order that the vehicle be abated and removed within a prescribed
period of time. The judge’s order shall provide that, if the
vehicle is not removed within the prescribed period of time, the city
may remove the vehicle in accordance with state law.
(c) The
enforcement remedies authorized under this article shall not be deemed
exclusive and the city reserves the right to seek any enforcement
remedy available at law or in equity. The failure of the city to seek
enforcement by any means shall not foreclose the enforcement of this
article by any other means.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.511)
An abandoned vehicle left upon public property or public rights-of-way
constitutes a nuisance and may be abated in accordance with state
law.
(Ordinance 1048 adopted 7/14/15; 2004 Code, sec. 8.512)