A passenger car or truck that is at least 25 years old as
defined in the Texas Transportation Code.
A vehicle that is self propelled and:
Any individual, firm, partnership, association, or organization
of any kind.
(Ordinance 110201A, sec. 1, adopted 2/1/2011; Ordinance adopting Code)
This article shall not apply to a vehicle or vehicle part or
watercraft 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 or watercraft that is
stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer, or a licensed operable
or inoperable antique vehicle stored by a collector on the collector’s
property, if the vehicle and the storage area are maintained in a
manner so that they do not constitute a health hazard and are screened
by a privacy fence from ordinary public view.
(Ordinance 110201A, sec. 1(a), adopted 2/1/2011)
Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with section 1.01.009 of this code. Every violation and every day that a violation continues shall constitute a separate offense.
(Ordinance 110201A, sec. 13, adopted 2/1/2011; Ordinance adopting Code)
The administration of this article shall be executed by regularly
salaried, full-time employees of the city, except that the removal
of vehicles, or parts thereof, from property may be by any other duly
authorized person.
(Ordinance 110201A, sec. 2, adopted 2/1/2011)
Any person authorized 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 part or watercraft,
obtain information as to the identity of the vehicle or watercraft
and remove or cause the removal of a vehicle or vehicle part or watercraft
that constitutes a nuisance. Any court that enacts procedures under
this article may issue orders necessary to enforce the procedures.
(Ordinance 110201A, sec. 3, adopted 2/1/2011)
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 110201A, sec. 4, adopted 2/1/2011)
The presence of any junked vehicle, or motor vehicle part or
parts, on any public property or private lot, tract, or parcel of
land, or portion thereof, occupied or unoccupied, improved or unimproved,
within the city, shall be deemed a public nuisance, and it shall be
unlawful for any person to cause, permit or maintain such a public
nuisance. It shall be unlawful for any person to cause, permit or
maintain a public nuisance by dismantling, partially dismantling,
or discarding any vehicle part or parts or by causing or allowing
any junked vehicle to be parked, left, or maintained on property owned,
occupied or controlled by such person. Provided, however, that this
section shall not apply with regard to any junked vehicle, or vehicle
part or parts thereof, located in an appropriate storage place or
depository maintained at a location officially designated and in a
manner approved by the city.
(Ordinance 110201A, sec. 5, adopted 2/1/2011)
(a)
Whenever any such public nuisance exists on occupied premises within the city in violation of section 8.07.007, the chief of police, or a person designated by him, shall order the occupant of the premises whereon such public nuisance exists to abate or remove the same. Such order shall:
(b)
Such order shall be served upon the occupant of the premises where such public nuisance exists by personal service, or by leaving a copy thereof with anyone over the age of sixteen (16) years found on the premises, or by certified or registered mail, return receipt requested, sent to the address where 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 return of such notice. If the occupant of the premises fails or refuses to comply with the order within the ten (10) day period after notice thereof, as provided herein, the police department shall write a citation and take possession of such junked vehicle or vehicle part or parts and remove same from the premises. If the occupant of such premises so desires, he may, within such ten (10) day period after service of notice to abate the nuisance, request the clerk of the municipal court of the city, in writing, and without the requirement of bond, that a date and time be set when he may appear before the judge of the municipal court for a hearing to determine whether or not he is in violation of this article, and such hearing shall be set as provided in section 8.07.010.
(Ordinance 110201A, sec. 6, adopted 2/1/2011)
(a)
Whenever any such public nuisance exists on unoccupied premises within the city in violation of section 8.07.007, the chief of police or a person designated by him shall order the owner of the premises whereon such public nuisance exists to abate or remove the same. Such order shall:
(b)
The order shall be served upon the owner of the premises by serving him in the same manner as set out in section 8.07.008 to his address as shown by the current tax rolls of the city. If the owner fails or refuses to comply with the order within ten (10) days after service thereof as provided herein, the police department shall write a citation and take possession of such junked vehicle or vehicle part or parts and remove same from the premises. If the owner of the premises so desires, he may, within such ten (10) day period after service of notice to abate the nuisance, request the clerk of the municipal court of the city, in writing and without the requirement of bond, that a date and a time be set when may appear before the judge of the municipal court for a hearing to determine whether or not he is in violation of this article, and such hearing shall be set as provided in section 8.07.010.
(Ordinance 110201A, sec. 7, adopted 2/1/2011)
Upon receiving a request for hearing made pursuant to section 8.07.008 or section 8.07.009, the clerk of the municipal court shall set a date and a time for such hearing on the court docket. The clerk of the municipal court shall notify the city attorney of the date and time of such hearing. The city attorney shall cause to be prepared, filed and served on the defendant a written complaint charging that the owner or occupant of the premises, as the case may be, has violated this article. After service, such complaint shall be on file with clerk of the municipal court not less than ten (10) days prior to the date of the hearing.
(Ordinance 110201A, sec. 8, adopted 2/1/2011)
The judge of the municipal court shall hear any case brought
before said court as set out herein, and shall determine whether or
not the defendant is, in fact, in violation of this article. Upon
a finding that the defendant is in violation of this article, said
defendant shall be deemed guilty of a class C misdemeanor and subject
to a fine in accordance with the penalty provision herein set forth,
and the judge of said court shall further order such defendant to
remove and abate said nuisance within ten (10) days, the same being
a reasonable time. If the defendant shall fail or refuse within said
ten (10) days to abate or remove said nuisance, the judge of the municipal
court shall issue an order directing the police department to have
the same removed, and the police department shall take possession
of said junked vehicle or vehicle part or parts and remove it from
the premises. Such order shall include a description of the vehicle
and the correct identification number and license number if available
at the site.
(Ordinance 110201A, sec. 9, adopted 2/1/2011)
If there is a junked vehicle, or vehicle part or parts, as herein
defined, on premises that are unoccupied, and neither the owner of
the premises nor the owner of such vehicle can be found and notified
to remove the same, then, upon a showing of such facts to the judge
of the municipal court, the court may issue an order directing the
police department to have the same removed and the police department
shall take possession of such junked vehicle, or vehicle part or parts,
and remove it from the premises.
(Ordinance 110201A, sec. 10, adopted 2/1/2011)
Junked vehicles, or vehicle part or parts, shall be removed
by the police department. A junked vehicle, or vehicle part or parts,
which has been removed under this article shall not be reconstructed
or made operable. Within five (5) days after the date of removal,
notice shall be given to the state department of motor vehicles identifying
the vehicle or part thereof so the department may cancel the certificate
of title to the vehicle. Junked vehicles removed under this article
shall be disposed of in accordance with Texas Transportation Code
governing disposition of abandoned vehicles.
(Ordinance 110201A, sec. 11, adopted 2/1/2011)
If a junked vehicle, or vehicle part or parts, as defined in
this article, has been situated on the private property of another,
without such person’s permission, for a period of sixty (60)
days or longer, this fact shall be prima facie evidence that the owner
of such vehicle or parts has abandoned same.
(Ordinance 110201A, sec. 12, adopted 2/1/2011)
