A junked vehicle is a vehicle that:
(2) Is:
(A) Wrecked, dismantled or partially dismantled, or discarded; or
(B) Inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
(ii)
30 consecutive days, if the vehicle is on private property.
For purposes of this article, “junked vehicle” includes
a motor vehicle, aircraft, or watercraft. This article applies only
to:
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(1)
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A motor vehicle that displays an expired license plate or does
not display a license plate;
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(2)
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An aircraft that does not have lawfully printed on the aircraft
an unexpired federal aircraft identification number registered under
Federal Aviation Administration aircraft registration regulations
in 14 C.F.R. part 47; or
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(3)
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A watercraft that:
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(A)
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Does not have lawfully on board an unexpired certificate of
number; and
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(B)
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Is not a watercraft described by section 31.055, Parks and Wildlife
Code.
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(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(A); Ordinance adopting 2015 Code)
The presence of any junked motor vehicle on private or public
property, occupied or unoccupied, improved or unimproved, within the
city, shall be deemed a public nuisance, and it shall be unlawful
for any person to cause or maintain such a public nuisance by wrecking,
dismantling, partially dismantling, rendering inoperable, abandoning,
or discarding any motor vehicle on the real property of another or
to suffer, permit, or allow any junked motor vehicle to be parked,
left, or maintained on his own real property; provided this section
shall not apply with regard to:
(1) Any
junked motor vehicle in an enclosed building;
(2) Any
junked motor vehicle on the premises of a business enterprise operated
in a lawful manner when necessary to the operation of such business
enterprise;
(3) Any
junked motor vehicle in an appropriate storage place or depository
maintained in a location officially designated and in a manner approved
by the city;
(4) Any
motor vehicle in operable condition specifically constructed for racing
or operation on privately owned drag strips or race strips;
(5) Any
motor vehicle retained by the owner for antique collection purposes
rather than for transportation; or
(6) Any
motor vehicle stored as the property of a member of the armed forces
of the United States while on active duty assignment.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(B))
(a) Notice to abate vehicle on private property.
(1) Whenever any such public nuisance on occupied private premises within the city in violation of section
8.06.002 is observed, the mayor or his duly authorized agent shall order the owner of the premises, if in possession thereof, or the occupant of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall:
(B) Specify the public nuisance and its location;
(C) Specify the corrective measures required;
(D) Provide for compliance within ten (10) days from service thereof;
(E) Provide that a request for hearing must be made before expiration
of the ten (10) day period.
(2) Such order shall be served upon the last known registered owner of
the vehicle and all lienholders of record and to the owner or the
occupant of the premises by serving him personally or by sending said
order by certified United States mail, five (5) day return receipt
requested. If the owner or the occupant of the premises fails or refuses
to comply with the notice stated in the order of the mayor or his
duly authorized agent within ten (10) days after service thereof,
as provided herein, the mayor or his duly authorized agent shall take
possession of said junked motor vehicle and remove it from the premises.
If the notice is returned undelivered by the United States Postal
Service, official action to abate said nuisance shall be continued
to a date not less than ten (10) days from the date of such return.
The mayor or his duly authorized agent shall thereafter dispose of
said junked motor vehicle in such a manner as the city council may
provide. However, if the owner or occupant of said premises so desires,
he may, within said ten (10) day period after service of notice to
abate the nuisance, request of the mayor, either in person or writing
and without the requirement of bond, that a date and a time be set
when he may appear before the city council for a hearing to determine
whether or not he is in violation of this article. If such request
for hearing is made, no action to remove said vehicle shall be taken
pending the hearing.
(b) Notice to abate vehicle on public property.
(1) Whenever any such public nuisance exists on public property within the city in violation of section
8.06.002, the mayor or his duly authorized agent shall order the owner of the junked motor vehicle, whereon such public nuisance exists [sic], to abate or remove the same. Such order shall:
(B) Specify the public nuisance and its location;
(C) Specify the corrective measures required;
(D) Provide for compliance within ten (10) days from service thereof;
(E) Provide that a request for hearing must be made before expiration
of the ten (10) day period.
(2) The order shall be served upon the last known registered owner of
the vehicle and all lienholders of record and to the owner thereof,
by serving him personally or by sending said order by certified United
States mail, return receipt requested, to his address as shown on
the current tax roll of the city. If the owner of the junked motor
vehicle fails or refuses to comply with the notice stated in the order
of the mayor or his duly authorized agent within ten (10) days after
service thereof, as provided herein, the mayor or his duly authorized
agent shall take possession of said junked motor vehicle and remove
it from the premises. If the notice is returned undelivered by the
United States Postal Service, official action to abate said nuisance
shall be continued to a date not less than ten (10) days from the
date of such return. The mayor or his duly authorized agent shall
thereafter dispose of said junked motor vehicle in such a manner as
the city council may provide. However, if the owner of said premises
[said vehicle] so desires, he may, within said ten (10) day period
after service of notice to abate the nuisance, request of the mayor,
either in person or in writing and without the requirement of bond,
that a date and time be set when he may appear before the city council
for a hearing to determine whether or not he is in violation of this
article. If such request for hearing is made, no action to remove
said vehicle shall be taken pending the hearing. Nothing in this section
shall affect laws that permit immediate removal of a vehicle left
on public property which constitutes an obstruction to traffic.
(c) Setting of hearing date.
Upon receiving a request for a hearing made pursuant to subsections
(a) and
(b), the mayor or his duly authorized agent shall set a date and time for such hearing before the city council. The mayor or his duly authorized agent shall notify the owner of the vehicle or the owner/occupant of the premises, as the case may be, in writing, as to the date and time of such hearing.
(d) Conduct of hearing.
The city council shall hear any
case brought before it and as set out herein, determine whether or
not the subject vehicle is within the purview of this article. The
council may summon any witnesses or solicit any information which
it deems necessary in determining the status of the vehicle. If the
council determines that the subject vehicle is junked within the terms
and provisions of this article, the owner of said vehicle or the owner/occupant
of the premises, as the case may be, shall be ordered to remove or
cause to be removed said vehicle from either public or private property
within five (5) days from the date of the order of the city council.
The order of the city council shall include a description of the vehicle,
the correct identification number, and the license number, if available.
(e) Filing of complaint.
If the order of the city council
is not complied with, the city attorney shall forthwith cause to be
prepared, filed, and served on the defendant a written complaint charging
that the owner of the vehicle or the owner/occupant of the premises,
as the case may be, has violated this article.
(f) Trial.
The judge of the municipal court shall hear any
case brought before said court, and, as set out herein, shall determine
whether or not the defendant is in fact in violation of this article.
Upon finding that the defendant is in violation of this article, said
defendant shall be found guilty of a misdemeanor and subject to a
fine in accordance with the provisions of this code. The judge of
said court shall further order such offense removed and said nuisance
abated within ten (10) days, same being a reasonable time. If the
defendant shall fail and refuse within ten (10) days to abate and
remove said nuisance, the judge of the municipal court may issue an
order directing the same removed and the city shall take possession
of said junked motor vehicle and remove it from the premises. The
mayor or his duly authorized agent shall thereafter dispose of said
junked motor vehicle in such a manner as the city council may provide.
(g) Removal with permission.
The owner of the vehicle or
the owner/occupant of the premises, as the case may be, if after receipt
of ten (10) days’ notice from the mayor or his duly authorized
agent to abate the nuisance as herein provided, may give his written
permission to the mayor or his duly authorized agent for removal of
the junked motor vehicle, and the giving of such permission shall
be considered in compliance with the terms and provisions of this
article. Once a vehicle has been removed, it shall not be reconstructed
or made operable.
(h) Removal from unoccupied premises by order of municipal court.
If there is a junked motor vehicle, as defined in section
8.06.002, on premises that are unoccupied, and the owner of the premises is notified to remove same but cannot be found, then upon a showing of such facts to the judge of the municipal court, the court may issue an order directing the same removed, and the mayor or his duly authorized agent shall take possession of said junked motor vehicle and remove it from the premises. The mayor or his duly authorized agent shall thereafter dispose of said motor vehicle in such a manner as the city council may provide.
(i) Notice to state department of transportation.
When a
vehicle is removed from any premises by the mayor or his duly authorized
agent, notice shall be given to the state department of transportation
within five (5) days after the date of removal identifying the vehicle
or part thereof, and requesting that said department forthwith cancel
the certificate of title to such vehicle pursuant to V.T.C.A., Transportation
Code, chapter 501, as amended.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(C)–(K))
(a) Declaration of nuisance; duty to impound.
Property other
than a junked motor vehicle placed, left standing, parked, erected,
or lying in violation of any ordinance of the city or left unattended
for more than forty-eight (48) continuous hours in or on any public
street, alley, sidewalk, park, or other public place of the city is
declared to be a nuisance, and any such property when so found shall
be removed summarily by the city and held by the city until redeemed
or sold as herein provided.
(b) Lien on impounded property.
The city shall have a lien
on impounded personal property for all cost incurred in impounding,
storing, and advertising such property, and such lien shall be prior
and superior to all other liens of every kind, save and except liens
for ad valorem taxes, and the city may retain possession thereof until
all costs are paid and may sell the same as herein provided.
(c) Redemption of impounded property.
The owner or any person
legally entitled to possession of impounded personal property may
redeem the same as follows:
(1) Before sale.
By paying to the city the impounding fee
and any other actual expenses incurred by the city in impounding and
keeping the property.
(2) After sale.
By paying to the buyer at the auction sale
double the amount paid by him for such personal property and any reasonable
expenses incurred by him for keeping same, provided the same property
must be redeemed from the auction buyer within thirty (30) days after
the date of auction sale, excluding the date of sale; otherwise title
to said property shall become absolute in the auction buyer.
(d) Sale of unredeemed property.
When any impounded personal property, other than motor vehicles, is not redeemed within sixty (60) days after being impounded, and when any motor vehicle other than a junked motor vehicle is not redeemed after compliance by the mayor with the provisions of section
8.06.006, the mayor shall sell the same at public auction to satisfy the lien of the city.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(L)–(O))
Before selling impounded personal property, other than motor
vehicles, the mayor shall post two (2) notices thereof, one (1) at
the United States Post Office, Onalaska, Texas, and one (1) at the
city hall, and shall cause a copy thereof to be published in a newspaper
published in the city once a week for two (2) consecutive weeks, the
date of the first publication to be at least fourteen (14) days prior
to the day of the auction sale. The notice of sale shall describe
the impounded property, state that the same is unredeemed, state that
the same will be sold at public auction, designate the place of sale,
and state a time and date of sale, which shall not be less than fourteen
(14) days from the date of posting such notices as herein required.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(P))
When any motor vehicle has not been redeemed within thirty (30) days from the date of its impounding, it shall be the duty of the mayor to submit to the state department of transportation, and similar agency of the proper state when the vehicle is from another state, all information in his possession concerning said vehicle and to request that said department supply to him all information the records of the department contain on said vehicle. Immediately on receipt of such information from said department, the mayor shall notify the owner and lienholders as shown by the records of said department, by registered mail with return receipt requested, that said vehicle has been impounded and of the provisions of this article in regard to redemption and sale of impounded property. In the event a motor vehicle has not been redeemed within fifteen (15) days from receipt of the return receipt or notice of nondelivery of said registered mail, the mayor shall prepare a notice of sale of such vehicle, in the manner described in the preceding section, shall send a copy of said notice to the owner and lienholders, as shown by the records of the state department of transportation, by registered mail, and shall post and advertise said notices in the manner required in section
8.06.005. Notice by registered mail to the address shown on the records of the state department of transportation shall constitute notice of the pending sale to such owner and lienholders. When the mayor is unable to ascertain the names of the owner and lienholders, and the motor vehicle has not been redeemed within forty-five (45) days from its impounding, no notice of sale other than posting and advertising as herein prescribed shall be required.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(Q))
When any impounded property, including motor vehicles, is not
redeemed by the date and time designated in the notice of sale, the
mayor shall sell such property at public auction, and, as city auctioneer,
shall execute a bill of sale of said property to the purchaser thereof;
provided he shall not execute or deliver any but a conditional bill
of sale unless and until the title of said buyer has become absolute
by an expiration of thirty (30) days in time, exclusive of the date
of sale, without being redeemed by the owner of the impounded property.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(R))
After deducting the impounding fee and all other actual expenses
incurred by the city in impounding, storing, and selling of said property,
not to exceed a reasonable amount for each impounded article, the
mayor shall pay the balance of the proceeds of such sale, if any,
to the owner of the property. If the owner fails to call for such
proceeds they shall be paid into the city treasury. Within six (6)
months after such auction sale, the owner may apply in writing to
the mayor, and upon satisfactory proof of ownership shall be entitled
to receive the amount of the proceeds delivered to the city treasury.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(S))
Impounded property which is offered for sale at public auction
in accordance with the procedure herein prescribed, and upon which
no person bids, shall thereafter be sold or otherwise disposed of
as junk. Money received for junk property shall be disposed of in
the same manner as proceeds from an auction sale under this article.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(T))
(a) The
city secretary shall keep a record book which shall contain a description
of all property impounded, the date and time of such impounding, the
date notices of sale were posted and advertised and mailed to owners
and lienholders, the return of receipts of registered notices, the
date of sale at auction, the amount realized for each article at such
sale, the name and address of the owner and lienholders, if known,
the name and address of the auction buyer, and any such other information
as he may deem necessary.
(b) The
fees charged under this article shall be set by the city council and
shall be paid into the city treasury.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(U))
This article shall not apply to the impounding and sale of livestock,
fowl, dogs, or other animals.
(Ordinance adopting 1982 Code; 1982
Code, ch. 9, sec. 5(V))