For the purpose of this article:
A vehicle that is self propelled and:
A self-propelled mechanical device in, upon, or by which
any personal property is or may be transported or drawn upon a public
highway, including commercial motor vehicles, truck-tractors, trailers,
and semi-trailers.
(Ordinance adopting Code; 1987 Code,
sec. 15-31)
The provisions of this article shall not apply to:
(1)
Any
motor vehicle in an operable condition specifically adapted or constructed
for racing or operation on privately owned drag strips or raceways;
(2)
Any
motor vehicle retained by the owner for antique collection purposes
rather than for salvage or for transportation;
(3)
Any
motor vehicle stored as the property of a member of the armed forces
of the United States who is on active duty assignment.
(1987 Code, sec. 15-32)
The presence of any junked motor vehicle on any private lot,
tract or parcel of land, or portion thereof, occupied or unoccupied,
improved or unimproved, within the city, shall be deemed a public
nuisance, and it shall be unlawful for any person to cause or maintain
such public nuisance by wrecking, dismantling, partially dismantling,
rendering inoperable, abandoning or discarding any motor vehicle on
the real property of another or to suffer, permit or allow any junked
motor vehicle to be parked, left or maintained on his own real property;
provided, however, this section shall not apply with regard to:
(1)
Any
junked motor vehicle in an enclosed building;
(2)
Any
junked motor vehicle on the premises of a business enterprise operated
in a lawful manner, when necessary to the operation of such business
enterprise;
(3)
Any
junked motor vehicle in an appropriate storage place or depository
maintained at a location officially designated and in a manner approved
by the city.
(1987 Code, sec. 15-33)
(a)
Vehicles on occupied premises.
(1)
Whenever any public nuisance exists on occupied premises within the city in violation of section 8.05.003, the chief of police or his duly authorized agent shall order the owner of the premises, if in possession thereof, or the occupant of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall:
(2)
The order shall be served by sending such order by certified mail,
with a five-day return receipt requested, to the last known address
of the owner of the vehicle, any lienholder of record and the owner
or occupant of the property. 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 less than ten (10) days
after the date of the return. If the owner or occupant of the premises
fails or refuses to comply with the order of the chief of police or
his duly authorized agent within the ten-day period after service
thereof, as provided in this section, the chief of police or his duly
authorized agent shall take possession of the junked motor vehicle
and remove it from the premises. The chief of police or his duly authorized
agent shall thereafter dispose of such junked motor vehicle in such
a manner as the city council may provide. If the owner or occupant
of the premises so desires, he may, within such ten-day period after
service of notice to abate the nuisance, request of the clerk of the
municipal court, either in person or in writing and without the requirement
of a bond, that a date and time be set when he may appear before the
judge of the municipal court for a trial to determine whether or not
he is in violation of this article.
(b)
Vehicles on unoccupied premises.
(1)
Whenever any public nuisance exists on unoccupied premises within the city in violation of section 8.05.003, and the owner thereof can be found, the chief of police or his duly authorized agent shall order the owner of the premises whereon such public nuisance exists to abate or remove the same. Such order shall:
(2)
The notice must be mailed, by certified mail with a five-day return
requested, to the last known registered owner of the junked motor
vehicle, any lienholder of record, and the owner or occupant of the
public premises or to the owner or occupant of the premises adjacent
to the public right-of-way on which the public nuisance exists. If
the notice is returned undelivered by the United States Postal Service,
official action to abate the nuisance shall be continued to a date
not less than ten (10) days after the date of the return. If the owner
of the premises fails or refuses to comply with the order of the chief
of police or his duly authorized agent within the ten-day period after
service thereof, as provided in this section, the chief of police
or his duly authorized agent shall take possession of the junked motor
vehicle and remove it from the premises. The chief of police or his
duly authorized agent shall thereafter dispose of such junked motor
vehicle in such a manner as the city council may provide.
(c)
Notice to state department of transportation.
Notice
shall be given to the state department of transportation no later
than the fifth day after the date of removal. The notice must identify
the vehicle or vehicle part. The department shall immediately cancel
the certificate of title to the vehicle pursuant to the Certificate
of Title Act (V.T.C.A., Transportation Code, ch. 501).
(d)
Hearing.
There shall be a public hearing before the
removal of the vehicle or vehicle part as a public nuisance. The hearing
shall be held before the city council or any board, commission, or
official designated by the city council, if a hearing is requested
by the owner or occupant of the public or private premises or by the
owner or occupant of the premises adjacent to the public right-of-way
on which the vehicle is located, within ten (10) days after service
of notice to abate the nuisance. A resolution or order requiring the
removal of a vehicle or vehicle part must include a description of
the vehicle and the correct identification number and license number
of the vehicle if the information is available at the site.
(1987 Code, sec. 15-34)
No vehicle removed pursuant to this article shall be reconstructed
or made operable after it has been removed.
(1987 Code, sec. 15-35)
If, within ten (10) days after receipt of notice from the chief
of police or his duly authorized agent to abate the nuisance, as provided
in this article, the owner or occupant of the premises shall give
his written permission to the chief of police or his duly authorized
agent for removal at his expense of the junked motor vehicle from
the premises, such permission shall be considered compliance with
the provisions of this article.
(1987 Code, sec. 15-36)
If there is a junked motor vehicle on premises that are unoccupied,
and neither the owner of the premises nor the owner of the vehicle
can be found and notified to remove the same, then, upon a showing
of such facts to the judge of the municipal court, the court may issue
an order directing the chief of police to have the same removed, and
the chief of police or his duly authorized agent shall take possession
of the junked motor vehicle and remove it from the premises at the
expense of the owner of the premises. The chief of police or his duly
authorized agent shall thereafter dispose of the junked motor vehicle
in such a manner as the city council may provide.
(1987 Code, sec. 15-37)
If a junked motor vehicle has been situated on the private property
of any person without such person’s permission for a period
of forty-eight (48) hours or longer, such fact shall be prima facie
evidence that the owner of the vehicle has abandoned the same.
(1987 Code, sec. 15-38)
