Whenever the following terms are used in this article they shall have the meaning respectively ascribed to them in this section:
Junked Vehicle.
Means any 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;
(2) 
Is wrecked, dismantled or partially dismantled or discarded; or
(3) 
Is inoperable and has remained inoperable for more than:
(A) 
Seventy-two hours if the vehicle is on public property; or
(B) 
Thirty consecutive days if the vehicle is on private property.
Person.
Any individual, firm, partnership, association, corporation, company, or organization of any kind.
Demolisher.
Any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
(Ordinance adopting Code; 1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.01)
The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land or portion thereof, within the City of Pottsboro shall be deemed a public nuisance and it shall be unlawful for any person or persons to maintain such public nuisance or to permit or allow the same to exist. This article shall not apply with regard to junked vehicle in an enclosed building, or on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or in an appropriate storage place or depository maintained in a lawful place and manner by the city, or to vehicles in an operable condition especially adapted or constructed for racing or operation on private-owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for transportation, nor vehicles stored as the property of a member of the armed forces of the United States who is on active duty assignment outside the continental and territorial limits of the United States.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.02)
It shall be unlawful and a nuisance for any person to abandon, leave or park, for a period of longer than thirty (30) days on any lot or tract of land in the city any motor vehicle or part thereof which is in a condition such as to make it incapable of being driven or legally operated upon the public streets of this city or which is not currently registered or state inspected. Any violation of this article shall be considered a misdemeanor and the fine therefor shall be in accordance with the general penalty provision in Section 1.109 of this code.
(Ordinance XX adopted XXXX)
Whenever any such public nuisance exists in the city in violation of this article, the chief of police shall order the owner and the occupant, if any, of the premises whereon such public nuisance exists to abate or remove the same. Such order shall be in writing, stating the nature of the public nuisance, specify the correct measures required, stating that it must be removed and abated within ten (10) days from the date of receipt of said notice. Such request must be in writing and delivered or mailed to the city secretary, City Hall, Pottsboro, Texas. Copies of the order or abatement shall be mailed, by certified or registered mail with a five (5) day return receipt requested, to the owner or the occupant of the private premises whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.03)
If the city secretary of said city received a written request asking for a public hearing to contest the order or notice of abatement received by the owner and/or occupant of the premises on which the public nuisance exists, said request having been received by the city secretary within ten days after service of the notice to abate the nuisance, such a hearing shall be held before the governing body of the city or any other board, commission, or official of the city as designated by the governing body, prior to the removal of the vehicle or part thereof as a public nuisance. 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. If said vehicle is removed, pursuant to this article, it shall not be reconstructed or made operable, and within five days after date of removal of said vehicle, notice shall be given to the Texas Highway Department identifying the vehicle or part thereof, to enable said department to forthwith cancel the certificate of title to such vehicle pursuant to Article 6687-1, Vernon's Annotated Civil Statutes as amended.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.04)
If the owner and/or occupant makes no request for a public hearing or fails, neglects or refuses to obey any order issued under the provisions of the preceding sections, or if the premises are unoccupied, and the owner or his agents cannot be served, pursuant to the preceding section, the chief of police shall abate such public nuisance by removal of the junked vehicles or parts thereof and disposal of same to a scrapyard, demolisher, or any suitable site for disposal or for processing of scrap or salvage and shall defray the expenses thereof out of any monies in the city treasury available for such purposes. All expenses so incurred in the abatement of such public nuisance shall be charged against the owner of the junk vehicle, and a statement of the cost incurred by the city to abate such public nuisance shall be sent by registered mail, return receipt requested, to the owner of such vehicle. When mailed, the said cost statement shall state that the amount due shall be paid within thirty (30) days of such mailing. In the event that said cost statement is returned undelivered, public notice of said cost statement shall be given and said notice shall state that the amount due shall be paid within thirty (30) days from the giving of said notice. In the event the amount due has not been paid within the applicable thirty (30) days, the city secretary of the City of Pottsboro, Texas, may institute suit for recovery of any such expenditure and interest in the name of the city and the statement so made, as aforesaid, or a copy thereof shall be prima facie proof of the amount expended and any such abatement performed by the city.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.05)
The relocation of a junked vehicle that is a public nuisance to another location within the corporate city limits after a proceeding for the abatement or removal of the public nuisance has commenced, has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Ordinance adopting Code)
Nothing in this article shall affect ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.06)
Any person authorized by the city to administer the provisions of this article may enter upon private property for the purposes specified in said article to examine vehicles or parts thereof, obtain information as to the identity of the vehicles and to remove or cause the removal of a vehicle or part thereof declared herein to be a nuisance. The municipal court of the city shall have authority to issue all orders necessary to enforce said article. Any person who violates any provision of this article shall be deemed guilty of a Class C misdemeanor, and, upon conviction, shall be punishable by a fine in accordance with the general penalty provision in Section 1.109 of this code. Each day such violation shall continue or be permitted shall be treated as a separate offense.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.07)
Should any section, clause, or provision of this article be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of this article as a whole or any part thereof, except the part so declared invalid.
(1996 Code of Ordinances, Chapter 7, Article 1.00, Section 1.08)