For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A motor vehicle that is at least 25 years old.
The owner of one or more antique and special interest vehicles
who collects, purchases, acquires, trades, or disposes of special
interest or antique vehicles, or parts of them, for personal use in
order to restore, preserve, and maintain an antique or special interest
vehicle for historic interest.
Any motor vehicle or parts of motor vehicle, as defined in
the Tex. Transportation Code, Ch. 683 Subchapter E, and Ch. 501, that:
Does not have lawfully affixed to it both an unexpired license
plate or plates, or a valid motor vehicle safety inspection certificate;
Is wrecked, dismantled or partially dismantled, or discarded;
Is inoperable and has remained inoperable for more than 72 consecutive
hours if the vehicle is on public property, or 30 consecutive days
if the vehicle is on private property;
Any recreational vehicle, which shall include a travel trailer,
motor home, bus conversion, or pop-up camper, which is required to
be registered under the laws of this state;
Any trailer or semi-trailer, other than manufactured housing,
that has a gross vehicle weight that exceeds 7,500 pounds;
Any watercraft or outboard motor subject to registration under Tex. Parks and Wildlife Code, Ch. 31; or
Any aircraft subject to registration with the Federal Aviation
Administration or the Secretary of State, this shall also include
Unmanned Aircraft Systems (UAS).
Any individual, firm, corporation, partnership, association,
company, or organization of any kind.
A motor vehicle of any age that has not been altered or modified
from the original manufacturer’s specifications and, because
of its historic interest, is being preserved by hobbyists.
(Ordinance 2011-27(f) adopted 11/12/15)
(A)
Junked
motor vehicles, or parts of junked motor vehicles, which are located
in any place where they are visible from a public place or public
right-of-way, are detrimental to the safety and welfare of the general
public; tending to reduce the value of private property, to invite
vandalism, to create fire hazards, to constitute attractive nuisances
creating a hazard to the health and safety of minors, and are detrimental
to the economic welfare of the state by producing urban blight which
is adverse to the maintenance and continuing development of the city.
(B)
Such
vehicles, or parts of vehicles, are therefore declared to be a public
nuisance, provided that this section shall not apply with regard to
the following:
(1)
Any
motor vehicle, or part thereof, which is completely enclosed within
a building in a lawful manner where it is not visible from the street
or other public or private property;
(2)
Any
motor vehicle, or part thereof, which is stored or parked in a lawful
manner on private property in connection with the business of a licensed
vehicle dealer or junkyard;
(3)
Any
motor vehicle, or part thereof, located in an appropriate storage
place or depository maintained at a location specifically designated
and in a manner approved by the city; or
(4)
Any
operable or inoperable antique or special interest vehicle stored
by a collector on the collector’s property, if the motor vehicle
and the outdoor storage area are maintained in a manner so that they
do not constitute a health hazard and are screened from ordinary public
view by means of a screen fence, trees, shrubbery, or other means
authorized by the City Council.
(Ordinance 2011-27(f) adopted 11/12/15)
(A)
For
abatement and removal of a public nuisance from private property or
public right-of-way within the city, the Mayor or his or her designee
shall send notice to the owner of the junked motor vehicle and the
owner or occupant of the premises where the nuisance exists, if on
private property, or the owner or occupant of the premises adjacent
to the public right-of-way on which the nuisance exists.
(B)
The
notice shall state the following:
(1)
The
nature of the public nuisance;
(2)
It
must be removed and abated within ten days;
(3)
If
a hearing is desired before removal of that vehicle or vehicle parts,
a request for such a hearing shall be made before the expiration of
the ten-day period; and
(4)
The
owner shall request, either in person or in writing, the Mayor or
City Secretary to set a date and time for hearing.
(C)
The
notice must be mailed by certified mail with a five-day return requested
to the last known registered owner of the junked motor vehicle and
lien holder of record, and the owner or occupant of the private property,
public property, or public right-of-way on which the public nuisance
exists. If any notice is returned undeliverable by the United States
Post Office, the Code Enforcement Officer or his or her designee shall
affix a tag to said junked motor vehicle. Said tag shall state that
said junked motor vehicle is a public nuisance, that it must be removed
and abated within ten days, and that a request for a hearing before
City Council must be made before the expiration of the ten-day period.
(D)
If,
within ten days after receipt of notice from the Mayor or his or her
designee to abate the nuisance as herein provided, the owner of the
junked motor vehicle or occupant of the premises shall give written
permission to the Mayor or his or her designee for removal of the
junked motor vehicle from the premises, the giving of such permission
shall be considered compliance with the provisions of this section.
(Ordinance 2011-27(f) adopted 11/12/15)
If the nuisance is not removed and abated, and a hearing is not requested before the City Council within the ten-day period provided by sec. 91.03, a complaint concerning this public nuisance is to be filed in the Municipal Court of the city. If it is determined that the defendant is in violation of this chapter, the defendant shall be deemed guilty of a misdemeanor and subject to a fine of not more than $200. The Judge of the Municipal Court shall then further order said defendant to remove and abate the nuisance within ten days, the same being a reasonable time. If the defendant shall fail to remove and abate the nuisance within the ten-day period ordered by the Judge, the Judge may issue an order directing the Mayor to have the nuisance removed and the Mayor or his or her duly authorized agent shall take possession of the junked motor vehicle, or part thereof, and remove it from the premises. The order shall include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site.
(Ordinance 2011-27(f) adopted 11/12/15)
The Code Enforcement Officer or his or her designee may enter
private property when a junk motor vehicle, or parts of a junk motor
vehicle, can be viewed from a public place or public right-of-way
to obtain information as to the identity of the vehicle or vehicle
parts that constitutes the nuisance. The Municipal Court Judge may
issue orders necessary to enforce this chapter.
(Ordinance 2011-27(f) adopted 11/12/15)
Within five days after the date of removal of any vehicle under
this chapter, notice shall be given to the state’s Highway Department.
Said notice must identify the vehicle or vehicle parts thereof removed.
(Ordinance 2011-27(f) adopted 11/12/15)
The Mayor or his or her designee shall thereafter dispose of
said junk motor vehicle or vehicle parts in such manner as the City
Council may provide.
(Ordinance 2011-27(f) adopted 11/12/15)
(A)
Tex.
Transportation Code, Ch. 683 and 501, Abandoned Motor Vehicles;
(C)
The
Federal Aviation Administration.
(Ordinance 2011-27(f) adopted 11/12/15)
Anyone violating this chapter shall be guilty of a misdemeanor
and, upon conviction, shall be fined not more than $200.
(Ordinance 2011-27(f) adopted 11/12/15)
