means a motor vehicle that is inoperable and over eight (8)
years old and is left unattended on public property for more than
forty-eight (48) hours, or a motor vehicle that has remained illegally
on public property for a period of more than forty-eight (48) hours,
or a motor vehicle that has remained on private property without the
consent of the owner or person in control of the property for more
than forty-eight (48) hours.
means a passenger car or truck that was manufactured in 1925
or before or a passenger car or truck that is at least 35 years old.
means the owner of one or more antique or 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.
means any person whose business is to convert a motor vehicle
into processed scrap or scrap metal, or otherwise to wreck or dismantle
motor vehicles.
means any owner or operator of a parking place or establishment,
motor vehicle storage facility, or any establishment for the servicing,
repair, or maintenance of motor vehicles.
A vehicle that:
Is self-propelled; and
Is:
Wrecked, dismantled or partially dismantled, or discarded; or
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.
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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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means a motor vehicle subject to registration under the Certificate of Title Act (V.T.C.A., Transportation Code, ch. 501), except that, for purposes of sections 8.05.002, 8.05.003, and 8.05.004 of this article, “motor vehicle” includes a motorboat, outboard motor, or vessel subject to registration under chapter 31, Texas Parks and Wildlife Code.
means the police department of the city.
means a motor vehicle of any age that has not been altered
or modified from original manufacturer’s specifications and,
because of its historic interest, is being preserved by hobbyists.
means a garage, parking lot, or any type of facility or establishment
for the servicing, repairing, storing, or parking of motor vehicles.
(Ordinance 230, sec. 1, adopted 10/9/89; Ordinance adopting Code)
(a)
The
police department may take into custody an abandoned motor vehicle
found on public or private property.
(b)
The
police department may employ its own personnel, equipment, and facilities
or hire persons, equipment, and facilities to remove, preserve, and
store an abandoned motor vehicle it takes into custody.
(Ordinance 230, sec. 2, adopted 10/9/89)
(a)
The police department that takes into custody an abandoned motor vehicle shall notify not later than the 10th day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (article 6687-1, Vernon’s Texas Civil Statutes), or chapter 31, Parks and Wildlife Code, that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges if notice is under section 8.05.005 of this article. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b)
If
the identity of the last registered owner cannot be determined, if
the registration contains no address for the owner, or if it is impossible
to determine with reasonable certainty the identity and address of
all lienholders, notice by one publication in one newspaper of general
circulation in the area where the motor vehicle was abandoned is sufficient
notice under this section. The notice by publication may contain multiple
listings of abandoned vehicles, shall be published within the time
requirements prescribed for notice by certified mail, and shall have
the same contents required for a notice by certified mail.
(c)
The
consequences and effect of failure to reclaim an abandoned motor vehicle
are as set forth in a valid notice given under this section.
(d)
The
police department or agent of the police department that takes custody
of an abandoned motor vehicle is entitled to reasonable storage fees
for:
(1)
A period of not more than ten (10) days beginning on the day the
department takes custody and continuing through the day the department
mails notice as provided by this section; and
(2)
A period beginning on the day after the day the department mails
notice and continuing through the day any accrued charges are paid
and the vehicle is removed.
(Ordinance 230, sec. 3, adopted 10/9/89)
If an abandoned motor vehicle has not been reclaimed as provided by section 8.05.003 of this article, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under section 8.05.003 of this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs.
(Ordinance 230, sec. 4, adopted 10/9/89)
(a)
A
motor vehicle left for more than ten (10) days in a storage facility
operated for commercial purposes after notice is given by registered
or certified mail, return receipt requested, to the owner and to any
lienholder of record under the Certificate of Title Act (V.T.C.A.,
Transportation Code, ch. 501) to pick up the vehicle, or for more
than ten (10) days after a period when under a contract the vehicle
was to remain on the premises of the storage facility, or a motor
vehicle left for more than ten (10) days in a storage facility by
someone other than the registered owner or by a person authorized
to have possession of the motor vehicle under a contract of use, service,
storage, or repair, is considered an abandoned vehicle, and shall
be reported by the garagekeeper to the police department. If the notice
to the owner or a lienholder is returned by the post office unclaimed,
notice by one publication in one newspaper of general circulation
in the area in which the vehicle was left in storage is sufficient
notice.
(b)
If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing, preservation, and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to contract, for a maximum of ten (10) days only until notification is mailed to the last known registered owner and all lienholders of record as provided by subsection (a) of this section. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the police department within ten (10) days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.
(c)
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures provided by section 8.05.003 of this article, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee as set forth in the fee schedule in appendix A of this code shall accompany the report of the garagekeeper to the police department. The fee shall be retained by the police department receiving the report and used to defray the cost of notification or other costs incurred in the disposition of an abandoned motor vehicle.
(d)
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by section 8.05.003 of this article shall be taken into custody by the police department and sold in the manner provided by section 8.05.004 of this article. The proceeds of a sale under this section shall first be applied to the garagekeeper’s charges for servicing, storage, and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10.00. If the gross proceeds are less than $10.00, the department shall retain the $10.00 to defray expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with section 8.05.004 of this article.
(e)
Except
for the termination or limitation of claim for storage for failure
to report an abandoned motor vehicle, nothing in this section may
be construed to impair any lien of a garagekeeper under the laws of
this state.
(f)
A person charging fees under subsection (b) of this section commits an offense if the person charges a storage fee for a period of time not authorized by that subsection. An offense under this subsection is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a violation shall continue unabated shall constitute a separate offense.
(Ordinance 230, sec. 5, adopted 10/9/89; Ordinance adopting Code)
A person, firm, corporation, or unit of government on whose
property or in whose possession is found any abandoned motor vehicle,
and a person who is the owner of a motor vehicle whose title certificate
is faulty, lost, or destroyed, may apply to the state department of
transportation for authority to sell, give away, or dispose of the
vehicle to a demolisher.
(Ordinance 230, sec. 6, adopted 10/9/89)
(a)
A demolisher who purchases or otherwise acquires a motor vehicle to wreck, dismantle, or demolish it shall obtain a valid certificate of title, sales receipt, or transfer document under section 8.05.004 and section 8.05.010 of this article, respectively, or a certificate of authority from the person delivering the vehicle for demolition, but the demolisher is not required to obtain a certificate of title for the motor vehicle in the demolisher’s name. On demand of the state department of transportation, the demolisher shall surrender for cancellation the certificate of title or authority. The state department of transportation shall issue such forms and rules governing the surrender of auction sales receipts and certificates of title as are appropriate. The Certificate of Title Act (V.T.C.A., Transportation Code, ch. 501) governs the cancellation of title of the motor vehicle.
(b)
A demolisher commits an offense if the demolisher fails to keep an accurate and complete record of a motor vehicle purchased or received in the course of business in the manner provided by this subsection. These records must contain the name and address of the person from whom each motor vehicle was purchased or received and the date of the purchase or receipt. The records shall be open for inspection by the state department of transportation or any police department at any time during normal business hours. A record required by this subsection must be kept by the demolisher for at least one year after the transaction to which it applies. A demolisher who commits an offense under this subsection is, on conviction, subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 230, sec. 7, adopted 10/9/89; Ordinance adopting Code)
(a)
A
junked vehicle that is located in a place where it is visible from
a public place or public right-of-way is detrimental to the safety
and welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates fire hazards, constitutes an
attractive nuisance creating a hazard to the health and safety of
minors, and is detrimental to the economic welfare of the city by
producing conditions adverse to the maintenance and continuing development
of the city and is a public nuisance.
(b)
A
person commits an offense if that person maintains a public nuisance
as determined under this section.
(c)
A
person who commits an offense under this section is, on conviction,
subject to a fine in accordance with state law. Each day that a violation
continues unabated shall constitute a separate offense. On conviction,
the court shall further order immediate removal and abatement of the
nuisance.
(Ordinance 230, sec. 8, adopted 10/9/89; Ordinance adopting Code)
(a)
The
city hereby adopts procedures for the abatement and removal of a junked
vehicle or a part of a junked vehicle as a public nuisance, from private
property, public property, or public rights-of-way.
(b)
For
a nuisance on private property, the city shall give not less than
ten (10) days’ notice stating the nature of the public nuisance
on private property, that it must be removed and abated within ten
(10) days, and that a request for a hearing must be made before expiration
of the 10-day period. The notice must be mailed, by certified mail
with a 5-day return requested, to the last known registered owner
of the junked motor vehicle, any lienholder of record, and the owner
or occupant of the private premises on which the public nuisance exists.
If any notice is returned undelivered by the United States Postal
Service, official action to abate the nuisance shall be continued
to a date not less than ten (10) days after the date of the return.
(c)
For
a nuisance on public property, the city shall give not less than ten
(10) days’ notice, stating the nature of the public nuisance
on public property or on a public right-of-way, that the nuisance
must be removed and abated within ten (10) days, and that a request
for a hearing must be made before expiration of the 10-day period.
The notice must be mailed, by certified mail with a 5-day return requested,
to the last known registered owner of the junked motor vehicle, any
lienholder of record, and the owner or occupant of the public premises
or to the owner or occupant of the premises adjacent to the public
right-of-way on which the public nuisance exists. If the notice is
returned undelivered by the United States Postal Service, official
action to abate the nuisance shall be continued to a date not less
than ten (10) days after the date of the return.
(d)
No
person shall reconstruct or make operable any vehicle after it has
been removed under this section.
(e)
Prior
to the removal of a vehicle or vehicle part as a public nuisance,
and upon request by the owner or occupant of the public or private
premises, the judge of the municipal court shall hold a hearing to
determine compliance with this section. Any order requiring the removal
of a vehicle or vehicle part must 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.
(f)
Notice
shall also be given to the state department of transportation not
later than the fifth day after the date of removal. The notice must
identify the vehicle or vehicle part. The department shall immediately
cancel the certificate of title to the vehicle pursuant to the Certificate
of Title Act (V.T.C.A., Transportation Code, ch. 501).
(g)
This
section does not apply to a vehicle or vehicle part that is completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property, a vehicle or
vehicle part that is stored or parked in a lawful manner on private
property in connection with the business of a licensed vehicle dealer
or junkyard, or an unlicensed operable or inoperable antique or special
interest vehicle stored by a collector on the collector’s property,
if the 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 fence, rapidly growing trees, shrubbery,
or other appropriate means.
(h)
This
section shall be administered by regularly salaried, full-time employees
of the city or county, except that the removal of a vehicle or vehicle
part from property may be by any duly authorized person.
(Ordinance 230, sec. 9, adopted 10/9/89)
A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the city for processing as scrap or salvage. The process of disposal must comply with the provisions of section 8.05.005(d) [sic] of this article. Upon proper authorization by the city council, the city may operate a disposal site if the city council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of the vehicles or vehicle parts, or the city may transfer the vehicles or vehicle parts to another disposal site if the disposal is only as scrap or salvage.
(Ordinance 230, sec. 10, adopted 10/9/89)
Any person duly authorized by the city to administer the procedures
authorized by this article may enter private property for the purposes
specified in the procedures to examine a vehicle or vehicle parts,
obtain information as to the identity of the vehicle, and remove or
cause the removal of a vehicle or vehicle part that constitutes a
nuisance. The municipal court may issue orders necessary to enforce
the procedures.
(Ordinance 230, sec. 11, adopted 10/9/89)
This article does not affect any law or ordinance authorizing
the immediate removal, as an obstruction to traffic, of a vehicle
left on public property.
(Ordinance 230, sec. 12, adopted 10/9/89)
