City of Coleman, TX JUNKED AND ABANDONED VEHICLES

Is inoperable, is more than five years old, and has been left unattended on public property for more than forty-eight (48) hours;

Has remained illegally on public property for more than forty-eight (48) hours;

Has remained on private property without the consent of the owner or person in charge of the property for more than forty-eight (48) hours;

(4)

Has been left unattended on the right-of-way of a designated city, county, state, or federal highway, street, alley or road for more than forty-eight (48) hours.

Antique vehicle.

A passenger car or truck that is at least twenty-five (25) years old.

Garagekeeper.

An owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair or maintenance of a motor vehicle.

Junked vehicle.

A vehicle that is self-propelled and:

Does not have lawfully attached to it:

(A)

An unexpired license plate; and

(B)

A valid motor vehicle inspection certificate;

Is wrecked, dismantled or partially dismantled, or discarded; or

Motor recreational equipment.

Is inoperable and has remained inoperable for more than:

(A)

72 consecutive hours, if the vehicle is on public property; or

(B)

30 consecutive days, if the vehicle is on private property.

Any boat or trailer designed or intended by its manufacturer primarily for the transportation of a boat; and any trailer, semitrailer or self-propelled motor vehicle which is designed, constructed and equipped for human habitation as a dwelling place, living abode or sleeping place either permanently or temporarily.

Motor vehicle.

A motor vehicle subject to registration under the laws of the state, except that for the purposes of section 8.03.003(a), (b), and (d) of this article, motor vehicle includes a motorboat, outboard motor, or watercraft subject to registration under chapter 31, Texas Parks and Wildlife Code.

Motor vehicle collector.

The owner of one or more antique or special interest vehicles who collects, acquires, or disposes of special interest or antique vehicles or parts of them for personal use in order 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.

Storage facility.

A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storage, or parking of motor vehicles.

(Ordinance 1124 adopted 2/17/11)

§ 8.03.003 Abandoned motor vehicles.

(a)

Authority to take possession.

The city police department may take into custody an abandoned motor vehicle found on public or private property. The police department may employ its own personnel, equipment and facilities or authorize third-party operators to provide personnel, equipment and facilities to remove, preserve and store an abandoned motor vehicle taken into custody.

The city police department may take into custody any type of trailer or semitrailer (as defined in state law) or any item of mobile recreation equipment (as defined in section 8.03.002) parked on any public street, alley, sidewalk, highway or public property within the city for a period of forty-eight (48) continuous hours, and the presence of such mobile recreation equipment upon any public street, alley, sidewalk, highway or public property after the expiration of such forty-eight hour period is declared to be a nuisance.

(b)

Notice.

In the event the police department takes into custody an abandoned motor vehicle, it shall notify not later than the 10th day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record, pursuant to section 683.012 of the Texas Transportation Code, that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle; set forth the location of the facility where the motor vehicle is being held; inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges, if applicable. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title, and interest in the vehicle and their consent to the sale of the motor vehicle at a public auction.

If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail.

(c)

Storage fees.

When the police department has taken custody of an abandoned motor vehicle, the city shall be entitled to reasonable storage fees for:

A period of not more than 10 days beginning on the day the department takes custody and ending on the day the department mails notice as provided by this section; and

A period beginning on the day after the department mails notice and ending on the day that accrued charges are paid and the vehicle is removed.

(d)

Sale or other disposition.

If an abandoned motor vehicle has not been reclaimed as provided, the police department may sell the vehicle at a public action or use the vehicle for agency purposes. The law enforcement agency shall auction the vehicle as required by chapter 683 of the Texas Transportation Code if the agency discontinues use of the vehicle.

(Ordinance 1124 adopted 2/17/11)

§ 8.03.004 Junked vehicles.

(a)

Declaration of public nuisance/offense.

A junked vehicle that is located in a place where it is visible from a public place or public right-of-way 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.

A person commits an offense if that person maintains a public nuisance as described by subsection (a)(1) above.

A person who commits an offense under this section is, on conviction, subject to a fine not to exceed two hundred dollars ($200.00). Upon conviction, the court shall order removal and abatement of the nuisance. Notwithstanding section 1.01.009 of this code, the maximum fine shall be in accordance with the general penalty provision in section 1.01.009 of this code or the maximum amount of the fine specifically authorized by the Texas Transportation Code.

(b)

Abatement of nuisance.

In the event a junked vehicle constituting a public nuisance is visible from public property and found on public property, private property, or a public right-of-way, notice in writing must be mailed, by certified mail with a 5-day return requested, to the last known owner of the junked motor vehicle, each lienholder of record and to the owner or occupant of the public premises or to the owner or occupant of the property on which the public nuisance is located or, if the public nuisance is located on a public right-of-way, to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. Notice shall state the nature and location of the public nuisance, that the nuisance must be removed and abated within ten (10) days after the date on which the notice is mailed, and that a request for a hearing must be made before expiration of that ten-day period. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the notice is returned undelivered by the United States post office, official action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.

Any junked vehicle constituting a public nuisance hereunder which is removed from either private or public property shall not be reconstructed or made operable after such removal.

(c)

Public hearing.

If a public hearing is requested by a person who has received notice under section 8.03.003 of this article, a public hearing shall be held before the municipal judge of the city before the removal of a public nuisance. Such hearing shall be held not earlier than the 11th day after the date of the service of the notice to abate the nuisance. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order requiring the removal of such vehicle or vehicle part and shall in such order include the description of the vehicle or vehicle part and the correct vehicle identification number and license plate number of the vehicle, if the information is available at the site.

If such public hearing is not requested, the municipal judge shall nevertheless conduct a public hearing relative to the removal and abatement of the nuisance. If, after such hearing, the municipal judge determines that the vehicle or vehicle part is a is a public nuisance as defined herein, he/she shall enter an order as outlined in subsection (b)(1). In addition, the city may file a complaint in an appropriate court seeking injunctive relief and/or any other legal remedy available to it.

(d)

Removal or relocation, by the owner or agent of the owner, of a junk vehicle constituting a public nuisance must result in compliance with all conditions set forth in this article. In the event compliance is not achieved, the enforcement process may continue under the original notice issued to the property owner and no further notice is required.

(e)

Notice to state department of transportation.

In the event of removal of a junked vehicle as provider herein, notice shall be given to the state department of transportation not later than the fifth day after the date of removal. Such notice shall identify the vehicle by providing information sufficient to allow the department to cancel the certificate of title for the vehicle.

(f)

Exceptions.

The procedures of this section 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 property or right-of-way;

Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or

An antique or special interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or vehicle part and the outdoor storage area, if any, are maintained in an orderly 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.

(g)

Authority to enforce.

The procedures for abatement and removal of a public nuisance shall be administered by regularly salaried, full-time employees of the city as designated by the city council, except that any person authorized by the city council may remove the nuisance.

After a hearing has been conducted declaring a vehicle or vehicle part to be a public nuisance under this section, those city employees authorized to administer this section may enter private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance.