The following words, terms and phrases, when used in this division, 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 25 years old.
Inoperable
means not capable of being used or operated due to legal or mechanical incapability.
Junked vehicle.
(1) 
In this article, “junked vehicle” means a vehicle that:
(A) 
Is self-propelled; and
(B) 
Is:
(i) 
Wrecked, dismantled or partially dismantled, or discarded; or
(ii) 
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.
(2) 
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(A) 
A motor vehicle that displays an expired license plate or does not display a license plate;
(B) 
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
(C) 
A watercraft that:
(i) 
Does not have lawfully on board an unexpired certificate of number; and
(ii) 
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
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.
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 200875, sec. 3 (74-1), adopted 7/1/08; 2013 Code, sec. 34-16; Ordinance adopting 2021 Code)
A junked vehicle, including a part of a junked vehicle, that is visible, at any time of the year, 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; invites vandalism;
(3) 
Creates a fire hazard;
(4) 
Is an attractive nuisance creating a hazard to the health and safety of minors;
(5) 
Produces urban blight adverse to the maintenance and continuing development of municipalities; and
(6) 
Is a public nuisance.
(Ordinance 200875, sec. 3 (74-2), adopted 7/1/08; 2013 Code, sec. 34-17)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 8.08.032.
(b) 
An offense under this section is a misdemeanor punishable by a fine in accordance with state law.
(c) 
The court shall order abatement and removal of the nuisance on conviction.
(Ordinance 200875, sec. 3 (74-3), adopted 7/1/08; 2013 Code, sec. 34-18; Ordinance adopting 2021 Code)
(a) 
Abatement authorized.
(1) 
The city, by this section, is adopting procedures for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance.
(2) 
This division shall be administered by the chief of police or designee provided the same is a regularly salaried, full-time employee of the city. Any authorized person may remove the nuisance.
(3) 
A person authorized to administer these procedures may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance, consistent with state and federal law.
(4) 
The removal of a junked vehicle that is a public nuisance to another location in the city after a proceeding for the abatement and removal of a junked vehicle has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(b) 
Notice.
(1) 
Notice of the nature of the nuisance must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to:
(A) 
The last known registered owner of the nuisance;
(B) 
Each lienholder of record of the nuisance; and
(C) 
The owner or occupant of:
(i) 
The property on which the nuisance is located; or
(ii) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(2) 
The notice must state that:
(A) 
The nuisance must be abated and removed not later than the tenth day after the date on which the notice was mailed; and
(B) 
Any request for a hearing must be made before that ten-day period expires, which shall also be the date by which the nuisance must be abated and removed.
(3) 
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.
(4) 
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.
(5) 
No notice is required for issuance of a citation for an offense under this division.
(6) 
If the city mails a notice to the property owner in accordance with this subsection (b) and the United States Postal Service returns the notice as refused or unclaimed, the validity of the notice is not affected, and the notice is considered as delivered.
(c) 
Hearing.
(1) 
The municipal court judge shall conduct hearings relative to the abatement of junked vehicles.
(2) 
A public hearing must be conducted prior to the removal of the public nuisance not earlier than the 11th day after the date of service of notice.
(3) 
If a hearing is requested by a person for whom notice is required under subsection (b)(1)(C) of this section, by no later than the date by which the nuisance must be abated and removed, the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(4) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(5) 
If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicle’s:
(A) 
Description;
(B) 
Vehicle identification number; and
(C) 
License plate number.
(6) 
As part of the order authorizing removal or abatement of the public nuisance, the court shall:
(A) 
Prohibit a vehicle from being reconstructed or made operable after removal; and
(B) 
Require that notice identifying the vehicle or part of the vehicle be given to the department of public safety not later than the fifth day after the date of removal. On receipt of notice of removal, the department shall immediately cancel the certificate of title issued for the vehicle.
(7) 
The municipal court shall have full authority to enforce the abatement procedures, including but not limited to issuing all necessary orders.
(Ordinance 200875, sec. 3 (74-4), adopted 7/1/08; 2013 Code, sec. 34-19)
(a) 
Procedures adopted herein shall not apply to a vehicle or vehicle part thereof 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 thereof, and the outdoor storage area, if any:
(A) 
Is maintained in an orderly manner;
(B) 
Does not constitute a health hazard; and
(C) 
Is screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. A vehicle or part thereof covered by a tarp, car blanket, or similar covering does not meet the requisite screening requirements of this division.
(b) 
For purposes of this section, the term “ordinary public view” means the view from private or public property or public right-of-way from average grade of the surrounding property.
(Ordinance 200875, sec. 3 (74-5), adopted 7/1/08; 2013 Code, sec. 34-20)