[1]
Editor’s note–Former article 8.04 pertaining to abandoned or junked vehicles, was repealed and replaced with similar provisions by Ordinance 400-06-2025 adopted 6/9/2025. Prior to the replacement, this article derived from the following: Ordinance 52 adopted 4/2/90; Ordinance 254-3-2013, sec. 6(B), (C), adopted 5/6/13 and Ordinance adopting Code.
(a) 
The town adopts chapter 683 of the Texas Transportation Code, as amended.
(b) 
Texas Transportation Code chapter 683, as amended, shall govern the definition and disposition of abandoned motor vehicles in the town.
(c) 
Texas Transportation Code chapter 683, as amended, shall govern the definition and disposition of junked motor vehicles in the town.
(Ordinance 400-06-2025 adopted 6/9/2025)
Any person violating any of the provisions of this article or violating the provisions of the Texas Transportation Code adopted pursuant to this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the town, shall be subject to a fine in accordance with the general penalty provided in section 1.01.009(a) of this code for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense.
(Ordinance 400-06-2025 adopted 6/9/2025)
The administration of the provisions of this article or the provisions of the Texas Transportation Code adopted pursuant to this article shall be by the regularly salaried, full-time employees of the town, except that any authorized person may remove a nuisance. The municipal court shall have authority to issue any order necessary to enforce the procedures set out in this article. Nothing in this article, including the adoption of the provisions of the Texas Transportation Code pursuant to this article, shall affect parking or other ordinances of the town which permit the immediate removal of a vehicle left upon public property or on public rights-of-way when said vehicle constitutes an obstruction of traffic.
(Ordinance 400-06-2025 adopted 6/9/2025)
The sheriff’s department shall notify within ten (10) days, by certified mail, return receipt requested, the last known registered owner and all lienholders of record that it has taken into custody an abandoned motor vehicle under the provisions of this article. The notice shall be as prescribed by V.T.C.A., Transportation Code, section 683.012, as amended, for abandoned motor vehicles. The notice shall specifically state, in addition to the other requirements, that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction to be held by the sheriff’s department.
(a) 
If an abandoned motor vehicle has not been reclaimed within twenty (20) days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment have not been paid, the sheriff’s department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given in accordance with the requirements of this code. The giving of notice of the sale of abandoned property shall be sufficient to comply with the requirements of this section.
(b) 
The sheriff’s department shall furnish a sales receipt for each vehicle to the purchaser thereof at the public auction. The proceeds shall be applied first to reimburse the sheriff’s department for the expenses of the auction, costs of towing, preserving and storing the vehicle, and all notice and publication costs. Any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days, and then shall be deposited into a special fund which shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from the sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs.
The sheriff’s department is authorized to apply to the state department of transportation for authority to sell, give away, or dispose of any abandoned vehicle, or vehicle parts, in its possession to a demolisher in accordance with the provisions of V.T.C.A., Transportation Code, chapter 683, as amended.
Junked vehicles or parts thereof which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, reduce the value of private property, invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state, by producing urban blight which is adverse to the maintenance and continuing development of the town, and such vehicles or parts thereof are therefore declared to be a public nuisance.
The town, when desiring to remove and dispose of junked vehicles, or parts thereof, as public nuisances, from private property, public property or public right-of-way shall comply with the following procedures:
(1) 
A notice of not less than ten (10) days, stating the nature of the public nuisance and that it must be removed and abated within ten (10) days, and further that a request for any hearings regarding said nuisance must be made before the expiration of said ten (10) day period. Such notice(s) shall be mailed, by certified mail with a five (5) day return receipt requested, [and] must be sent to the owner or the occupant of the private premises whereupon such public nuisance exists and to the last known registered owner of said vehicle and all lienholders of record. If the notice(s) is/are returned undelivered by the United States Postal Service, official action to abate said nuisance shall be continued on a date not less than ten (10) days from the date of such return.
(2) 
The requirements of subsection (1) above shall apply to the case of a public nuisance on public property or on a public right-of-way, and such notice(s) shall be sent to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists and the last known registered owner of said vehicle and all lienholders of record.
(3) 
Where a hearing is requested by the owner of the vehicle, or by the owner or occupant of the premises on which, or adjacent to the public right-of-way on which, such vehicle is located, within ten (10) days after service of the notice to abate the nuisance, a public hearing, prior to the removal of the vehicle or part thereof as a public nuisance, must be held before the municipal judge of the town. It shall be the responsibility of the town prosecuting attorney to prosecute the case on behalf of the town, and should the municipal judge find that such vehicle is a public nuisance as defined herein, he shall enter an order requiring the removal of the vehicle or part thereof from the public or private property or public right-of-way where it is situated, and such order shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.
(4) 
If the nuisance is not removed and abated and a hearing is not requested within the ten (10) day period provided in this section, a complaint may be filed in municipal court for the violation of maintaining a public nuisance. Any person found guilty of maintaining a public nuisance as defined in this section shall be guilty of a misdemeanor and be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense and the municipal court shall order the removal and abatement of the nuisance.
(5) 
The town shall give notice to the state department of transportation within five (5) days after the date of removal of the nuisance, identifying the vehicle or part thereof.
(6) 
The procedure set out in this section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from the street or other public or private property.
Junked vehicles or parts thereof may be disposed of by removal to a scrap yard or demolisher or by any suitable means authorized by the town.
Unlicensed operable or inoperable special interest and/or antique motor vehicles may be stored by a collector on his property provided that:
(1) 
The vehicles and any outdoor storage areas are maintained in such a manner that they do not constitute a health hazard; and
(2) 
The vehicles or parts thereof are screened in a manner where they are not visible from the street or other public or private property by means of a fence, rapidly growing trees and shrubbery or other appropriate means.