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:
(1) 
Is self-propelled; and
(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:
(1)
A motor vehicle that displays an expired license plate or does not display a license plate;
(2)
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
(3)
A watercraft that:
(A)
Does not have lawfully on board an unexpired certificate of number; and
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
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;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(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
(7) 
Is a public nuisance.
(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;
(B) 
Not a health hazard; and
(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)