Whereas, it is the desire of the city to prevent the accumulation of abandoned and junked vehicles within the city, to eliminate the health hazards associated with said vehicles and to abate the nuisances attributable to such vehicles, the city hereby adopts chapter 683 of the Texas Transportation Code regarding junked motor vehicles in its entirety herein, as amended, and it shall serve as the city’s ordinance for said vehicles. An alternative administrative procedure as outlined in section
8.03.003 will be used in enforcement.
(Ordinance 1124 adopted 2/17/11)
For purposes of this article, the following definitions apply:
Abandoned motor vehicle.
A motor vehicle that:
(1)
Is inoperable, is more than five years old, and has been left
unattended on public property for more than forty-eight (48) hours;
(2)
Has remained illegally on public property for more than forty-eight
(48) hours;
(3)
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:
(1)
Does not have lawfully attached to it:
(A)
An unexpired license plate; and
(B)
A valid motor vehicle inspection certificate;
(2)
Is wrecked, dismantled or partially dismantled, or discarded;
or
(3)
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.
Motor recreational equipment.
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)
(a) Authority to take possession.
(1) 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.
(2) 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.
(1) 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.
(2) 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:
(1) 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
(2) 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)
(a) Declaration of public nuisance/offense.
(1) 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.
(2) A person commits an offense if that person maintains a public nuisance as described by subsection
(a)(1) above.
(3) 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.
(1) 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.
(2) 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.
(1) 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.
(2) 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:
(1) 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;
(2) Stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or junkyard; or
(3) 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.
(1) 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.
(2) 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.
(3) The relocation of a junked vehicle that is a public nuisance to another
location in the city or county after a proceeding for the abatement
and 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 1124 adopted 2/17/11)
This article shall not affect any law authorizing the immediate
removal, as an obstruction to traffic, of a vehicle left on public
property.
(Ordinance 1124 adopted 2/17/11)