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
means a passenger car or truck that is at least 35 years
old.
Junked vehicle.
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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Motor vehicle
means a vehicle that is subject to registration under V.T.C.A.,
Transportation Code ch. 501.
Motor vehicle collector
means 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.
Motor vehicle demolisher
means a person in the business of:
(1)
Converting motor vehicles into processed scrap or scrap metal;
or
(2)
Wrecking or dismantling motor vehicles.
Special-interest vehicle
means 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 1-95, sec. 4(A), adopted 7/18/1995; 1999 Code, sec. 94-131; Ordinance adopting 2018 Code)
(a) The
administration of this article shall be by regularly salaried employees
of the city, except that the removal of vehicles or their parts from
property may be by any other duly authorized person.
(b) The
chief of police is charged with enforcement of this article.
(Ordinance 1-95, sec. 4(B), adopted 7/18/1995; 1999 Code, sec. 94-132)
A junked vehicle, including a part of a junked vehicle, that
is visible from a public place or public right-of-way:
(1) Is
detrimental to the safety and welfare of the public;
(2) Tends
to reduce the value of private property;
(5) Is
an attractive nuisance creating a hazard to the health and safety
of minors;
(6) Produces
urban blight adverse to the maintenance and continuing development
of municipalities; and
(Ordinance 1-95, sec. 4(C), adopted 7/18/1995; 1999 Code, sec. 94-133)
(a) It
shall be unlawful for any person to leave or permit to remain upon
public or private property (except as otherwise provided) within the
city any junked vehicle or parts or portions of a junked vehicle.
(b) An
offense under this section is a misdemeanor punishable by a fine in
an amount in accordance with state law.
(c) The
court shall order abatement and removal of the nuisance on conviction.
(Ordinance 1-95, sec. 4(D), adopted 7/18/1995; 1999 Code, sec. 94-134; Ordinance adopting 2018 Code)
(a) Whenever
it is brought to the attention of the chief of police that a nuisance
exists in the city, the chief of police shall give or cause to be
given to the person maintaining or suspected of maintaining such nuisance
a notice in writing, stating the nature of the public nuisance on
private or public property, or on a public right-of-way, and that:
(1) The nuisance must be abated and removed not later than the tenth
day after the date on which the notice was mailed; and
(2) Any request for a hearing must be made before that ten-day period
expires.
(b) Such
notice shall be sent by certified mail with a five-day return requested
to:
(1) The last known registered owner of the nuisance;
(2) Each lienholder of record of the nuisance; and
(3) The owner or occupant of:
(A) The property on which the nuisance is located; or
(B) If the nuisance is located on a public right-of-way, the property
adjacent to the right-of-way.
(c) If
the post office address of the last known registered owner of the
nuisance is unknown, notice may be placed on the nuisance or, if the
owner is located, hand delivered.
(d) If
notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the 11th day after the date
of the return, during which time notice shall be published one time
in a newspaper of general circulation in the city containing the same
information contained in the undelivered letter.
(Ordinance 1-95, sec. 4(E), adopted 7/18/1995; 1999 Code, sec. 94-135)
(a) If requested within ten days by any person receiving notice, as provided in section
8.06.005, a public hearing shall be held before the city council.
(b) If a hearing is requested by a person for whom notice is required under section
8.06.005(b)(3), the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(c) At
the hearing, the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(d) If
the city council finds that a nuisance exists, the city council shall
order the owner of the vehicle or the owner or occupant of the premises
upon which the vehicle is located to remove such junked vehicle within
ten days after the order is given. Such order shall include a description
of the vehicle and the correct identification number and license plate
number of the vehicle, if available at the site.
(Ordinance 1-95, sec. 4(F), adopted 7/18/1995; 1999 Code, sec. 94-136)
If after the expiration of the ten days provided in the council order under section
8.06.006 for the removal and abatement of the public nuisance such nuisance has not been removed, the chief of police may remove or cause to be removed the vehicle which was the subject of such order to a suitable storage area designated by the city. Such vehicle shall be stored in such area for a period of not less than 30 days, during which period any party owning or claiming any right, title or interest shall be entitled to claim possession of same by paying to the city the actual cost of the city of abating such nuisance.
(Ordinance 1-95, sec. 4(G), adopted 7/18/1995; 1999 Code, sec. 94-137; Ordinance adopting 2018 Code)
When any junked vehicle, including a part of a junked vehicle, has remained in the storage area provided for in section
8.06.007 for a period not less than 30 days, it shall be the duty of the chief of police to dispose of the vehicle by removal to a scrap yard or by sale to a motor vehicle demolisher for the highest bid or offer received or to remove the vehicle to any suitable site operated by the city for processing as scrap or salvage.
(Ordinance 1-95, sec. 4(H), adopted 7/18/1995; 1999 Code, sec. 94-138)
(a) Out of the proceeds of the sale or disposal of a vehicle under section
8.06.008, the chief of police shall pay for the cost of removal and storage, and the balance, if any, shall be paid to the person entitled to the balance (either owner or lienholder).
(b) If
there is not a bid or offer for the junked vehicle, the chief of police
may dispose of the vehicle by causing it to be demolished or removed
to a place provided by the city or by permitting it to be removed
by a demolisher who is willing to do so for the benefit of the junk
or parts which can be salvaged.
(Ordinance 1-95, sec. 4(I), adopted 7/18/1995; 1999 Code, sec. 94-139)
After a vehicle has been removed in accordance with or under
the terms and provisions of this article, it shall not be reconstructed
or made operable.
(Ordinance 1-95, sec. 4(J), adopted 7/18/1995; 1999 Code, sec. 94-140)
Notice shall be given to the state department of transportation
within five days after the date of removal identifying a junked vehicle
or part of such vehicle.
(Ordinance 1-95, sec. 4(K), adopted 7/18/1995; 1999 Code, sec. 94-141)
This article shall not apply to a vehicle or vehicle part that
is:
(1) Completely
enclosed in a building in a lawful manner and is not visible from
the street or other public or private property; or
(2) Stored
or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or 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;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(Ordinance 1-95, sec. 4(L), adopted 7/18/1995; 1999 Code, sec. 94-142)