For the purpose of this article, the following words and phrases
have the following meaning:
A passenger car or truck that was manufactured in 1925 or
before or a passenger car or truck that is at least thirty-five (35)
years old.
The owner of one or more antique or special interest vehicles
who collects, purchases, acquires, trades or disposes of special interest
or antique vehicles or parts of them for personal use in order to
restore, preserve and maintain an antique or special interest vehicle
for historic interest.
A vehicle that is self propelled and:
A motor vehicle subject to registration under the Certificate
of Title Act (V.T.C.A., Transportation Code, chapter 501).
A motor vehicle of any age that has not been altered or modified
from original manufacturer’s specifications and, because of
its historic interest, is being preserved by hobbyists.
(Ordinance 380, sec. 1, adopted 5/16/02; Ordinance adopting Code)
A junked vehicle, not in a properly zoned location and kept
under all applicable regulations, is detrimental to the safety and
welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates fire hazards, constitutes an
attractive nuisance creating a hazard to the health and safety of
minors and is detrimental to the economic welfare of the city by producing
urban blight adverse to the maintenance and continuing development
of the city and is a public nuisance. Any person, firm or corporation
maintaining a public nuisance as defined above shall be guilty of
a misdemeanor and, upon conviction, subject to a fine. Each and every
day the maintenance of such public nuisance shall continue shall be
deemed to constitute a separate offense. Upon conviction in the municipal
court of the city, the court shall have the authority to order removal
and abatement of such nuisance.
(Ordinance 380, sec. 2, adopted 5/16/02)
(a)
Upon
complaint, or upon its own initiative, the code enforcement officer
may initiate appropriate official action to remove and abate a public
nuisance in the nature of a junked vehicle. Upon initiation of the
action, the owner or occupant of the private premises, or premises
adjacent to the public right-of-way, whereupon the public nuisance
exists, together with the last known registered owner of the junked
motor vehicle and any lienholder of record, shall be notified by the
code enforcement officer of the city, by certified mail with a five-day
return requested, that the nuisance exists, and that it must be removed
and abated within ten (10) days of the receipt of such notice or that
a request for hearing must be made before expiration of the ten (10)
day period. 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.
(b)
Upon
timely request by the owner or occupant of the public or private premises
or the owner or occupant adjacent to the public right-of-way, a public
hearing shall be held before the municipal court of the city for determination
of the existence of a junked vehicle as a public nuisance and for
the purpose of entering an order requiring the removal of the same
if found to be so. The judge of the municipal court shall be the designated
official to make such determination and, upon the finding that the
vehicle is a junked vehicle and constitutes a public nuisance, shall
have the authority to enter an order requiring the removal of the
vehicle or a part thereof. Said order 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.
(c)
When
the junked vehicle is declared a public nuisance by the municipal
court judge and is ordered to be removed, it shall not thereafter
be reconstructed or made operable.
(d)
Notice
shall be given to the state department of transportation not later
than the fifth (5th) day after the date of removal. The notice shall
identify the vehicle or vehicle part which was removed.
(e)
The
provisions of this article do 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,
or 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. Nor does it apply to an unlicensed operable
or inoperable antique or special interest vehicle so stored by a collector
on the collector’s property. In any other case a vehicle may
be stored in a manner protecting the public health and screening [screened]
from public view in a manner satisfactory to the city administrator
or such official’s designee. Any such storage shall only be
by written permit issued by the appropriate official and shall not
be valid more than ninety (90) days.
(f)
The
provisions of this article shall be carried out and enforced by regularly
salaried, full-time employees of the city, except that the removal
of a vehicle or vehicle parts thereof from property may be done by
any other duly authorized person, including persons with whom the
city may, at the time of passage of this article, or hereafter, have
a valid contract for the removal of such vehicles.
(Ordinance 380, sec. 3, adopted 5/16/02)
A person authorized by the city to administer the procedures
of this article may enter private property for the purpose specified
herein to examine a vehicle or vehicle part, obtain information as
to the identity of the vehicle or vehicle part, and remove or cause
the removal of a vehicle or vehicle part that constitutes a nuisance
as defined herein. The judge of the municipal court of the city may
issue orders necessary to enforce the procedures of this article.
(Ordinance 380, sec. 4, adopted 5/16/02)
Any person who violates any provision of this article shall,
upon conviction, be subject to a fine of not more than two hundred
dollars ($200.00) for each offense. Each day that such violation is
permitted to continue shall constitute a separate offense. The term “person”
as used in this section shall include the owner, occupant, mortgagee,
or vender in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of a building or tract of land.
(Ordinance 380, sec. 5, adopted 5/16/02)
