The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Antique vehicle.
A passenger car or truck that is at least 25 years old.
Demolisher.
A person in the business of converting motor vehicles into processed scrap or scrap metal, or wrecking or dismantling motor vehicles.
Junked vehicle.
A vehicle that is self-propelled and:
(1) 
Does not have lawfully attached to it:
(A) 
An unexpired license plate; or
(B) 
A valid motor vehicle inspection certificate; and
(2) 
Is wrecked, dismantled, or partially dismantled, or discarded; or 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 vehicle.
A vehicle that is subject to registration under V.T.C.A., Transportation Code, chapter 501.
Motor vehicle collector.
A person who:
(1) 
Owns one or more antique or special interest vehicles; and
(2) 
Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Person.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
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.
(Ordinance 117-03-03-11, sec. 3(3), adopted 3/11/03)
In a prosecution for violations of any provisions of this article, no culpable mental state shall be required. Any person violating any of the provisions of this article, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Each day that such nuisance shall continue after the time for abatement as set out in this article shall constitute a separate offense. On conviction, the court shall order removal and abatement of the nuisance.
(Ordinance 117-03-03-11, sec. 3(10), adopted 3/11/03)
Any person authorized by the city to administer the provisions of the procedures of the type authorized by this article may enter upon private property for the purposes specified in the procedures to examine vehicles or parts thereof, obtain information as to the identity of vehicles, and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to the procedures. The municipal court shall have authority to issue all orders necessary to enforce such procedures.
(Ordinance 117-03-03-11, sec. 3(2), adopted 3/11/03)
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 state by producing urban blight adverse to maintenance and continuing development within the city and shall be deemed a public nuisance. It shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his vehicle on the property of another or to suffer, permit or allow the same to be placed, located, maintained or exist upon his or their own real property; however, this section shall not apply to:
(1) 
A vehicle or part thereof completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
(2) 
A vehicle or part thereof stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or part and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery.
(Ordinance 117-03-03-11, sec. 3(4), adopted 3/11/03)
(a) 
Whenever a public nuisance exists in the city on private property in violation of this article, the chief of police and/or his employees, who shall administer this article, shall not give less than [give not less than] ten days’ notice to the owner of the real property or the occupant, if any, of the premises whereon such public nuisance exists to abate or remove the same, stating the nature of the public nuisance on the private property and that it must be removed and abated within ten days and further that a request for a hearing must be made before expiration of the ten-day period by the aggrieved person, such notice to be mailed, by certified mail with a five-day return receipt requested, to the last known registered owner of the junked vehicle and each lienholder of record and the owner or the occupant of the private premises whereupon such public nuisance exists. If the post office address of the last known registered owner is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known owner is physically located, the notice may be hand delivered. 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 11 days from the date of such return.
(b) 
Whenever such public nuisance exists in the city on public property in violation of this article, the chief of police and/or his employees shall give not less than a ten-day notice, stating the nature of the public nuisance on the public property or on a public right-of-way and that it must be removed and abated within ten days and further that a request for a hearing must be made before expiration of the ten-day period, such notice to be mailed, by certified mail with a five-day return receipt requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or the occupant of the public premises or to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists. 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 Postal Service, official action to abate the nuisance shall be continued to a date not less than 11 days from the date of such return.
(c) 
After a vehicle has been removed, it shall not be reconstructed or made operable.
(d) 
A public hearing prior to the removal of the vehicle or part thereof as a public nuisance is to be held before the municipal court, when such 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 days after service of notice to abate the nuisance. At the hearing, it is presumed, unless otherwise demonstrated by the owner, that the vehicle is inoperable. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site.
(e) 
Notice by the city is to be given to the state department of transportation within five days after the date of removal, identifying the vehicle or part thereof. The department shall forthwith cancel the certificate of title to such vehicle pursuant to V.T.C.A., Transportation Code ch. 501.
(f) 
The chief of police and/or his employees shall administer the removal of vehicles or parts thereof from the property.
(Ordinance 117-03-03-11, sec. 3(5), adopted 3/11/03)
If, within ten days after receipt of notice from the chief of police and/or his employees, or his duly authorized agent, to abate a nuisance, as provided in this article, the owner or occupant of the premises shall give his written permission to the chief of police, his employees or his duly authorized agent for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of section 8.04.006.
(Ordinance 117-03-03-11, sec. 3(6), adopted 3/11/03)
(a) 
If such public nuisance is not abated by the owner or occupant after notice is given in accordance with this article, official action shall be taken by the city to abate such nuisance. Junked vehicles or parts thereof may be disposed of by removal to a scrap yard, demolisher or any suitable site operated by the city for process as scrap or salvage, which removal or process shall be considered [compliance] with subsection (b) of this section. A junked vehicle disposed of to a demolisher, in accordance with this article, must be transferred to such demolisher by a form acceptable to the state department of transportation (Form #MVD 71-5). The transfer receipt must be listed on the demolisher’s inventory list and surrendered to the state department of transportation in lieu of the certificate of title under the provisions of the Texas Transportation Code.
(b) 
After a vehicle has been removed pursuant to this section, it shall not be reconstructed or made operable by any person.
(c) 
Notice shall be given to the state department of transportation five days after the date of removal, identifying the vehicle or part thereof.
(Ordinance 117-03-03-11, sec. 3(7), adopted 3/11/03)