Junked Vehicle.
(a) 
A self-propelled vehicle that is:
(1) 
Wrecked, dismantled or partially dismantled, or discarded; or
(2) 
Inoperable and has remained inoperable for more than:
(A) 
Seventy-two (72) consecutive hours if the vehicle is on public property; or
(B) 
Thirty (30) consecutive days if the vehicle is on private property.
(b) 
Junked vehicle includes a motor vehicle, aircraft, or watercraft, when:
(1) 
A motor vehicle displays an expired state registration or does not display a license plate;
(2) 
An aircraft does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration (FAA) aircraft registration regulations, as required by 14 C.F.R. Part 47; or
(3) 
A watercraft:
(A) 
Does not have lawfully on board an unexpired certificate of number; and
(B) 
Is not a watercraft described by Section 31.055 of the Parks and Wildlife Code vessels with a valid marine document issued by the United States Coast Guard's National Vessel Documentation Center or a federal agency that is a successor to the National Vessel Documentation Center).
(c) 
For purposes of this article, a vehicle shall be presumed to be inoperable if:
(1) 
Upon request by an authorized city agent, the owner or occupant of a vehicle refuses to start and operate the vehicle; or
(2) 
Any vehicle that has one or more flat tires, for the time period identified in subsection (a)(2) above, shall be presumed to be inoperable.
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
(a) 
A junked vehicle, including a part of a junked vehicle, located in any place that is visible at any time 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 a fire hazard; 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 urban blight which is adverse to the maintenance and continuing development of the city, and such vehicles are hereby declared to be a public nuisance.
(b) 
The chief of police or a duly authorized designee shall initially determine if a junked vehicle or part thereof is located so as to be visible from a public place or public right-of-way, thereby constituting a public nuisance, such that a notice of violation may be issued.
(c) 
The city has, by this article, adopted procedures for the abatement, removal and disposal of a junked vehicle or part of a junked vehicle as a public nuisance. These procedures conform to the requirements of Chapter 683, Subchapter E of the Texas Transportation Code.
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
A person commits an offense if the person maintains a public nuisance as described by this article. An offense under this article is a misdemeanor punishable by a fine not to exceed $200.00. Upon conviction, the court shall order abatement and removal of the nuisance.
((Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
Once a public nuisance is found to exist on public or private property, and prior to the abatement and removal of the public nuisance, the city shall provide the following:
(1) 
Notice.
(A) 
Written notice stating the nature of the public nuisance must be either: personally delivered; sent by certified mail, return receipt requested; or delivered by the United States Postal Service with return signature confirmation to:
(i) 
The last known registered owner of the nuisance;
(ii) 
Each lienholder of record of the nuisance; and
(iii) 
The owner or occupant of:
a. 
The property on which the nuisance is located; or
b. 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(B) 
The notice must state that:
(i) 
The nuisance must be abated and removed not later than the tenth (10th) day after the date on which the notice was received; and
(ii) 
Any request for a hearing must be made before that ten (10) day period expires, such notice to made in writing to the chief of police.
(C) 
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, personally delivered.
(D) 
If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of return to the city.
(2) 
Hearing.
(A) 
If a hearing is requested, in writing to the chief of police, by a person for whom notice is required under Section 8.704(1) hereof, the hearing shall be held not earlier than the eleventh (11th) day after the date of the receipt of notice by the chief of police.
(B) 
Upon receipt of a request for a hearing made in accordance with this section, the chief of police or a duly authorized designee shall contact the municipal court and set a date and time for such hearing before the municipal judge. The court clerk shall notify the person(s) for whom notice is required under Section 8.704(1) hereof, in writing, as to the date and time of such hearing.
(C) 
The municipal judge shall hear any case brought before it as set out herein. At the hearing, the junked vehicle is presumed to be inoperable, unless demonstrated otherwise by the owner thereof.
(i) 
The municipal judge shall determine if a public nuisance exists. The judge may summon any witnesses or solicit any information it deems necessary in determining the status of the vehicle.
(ii) 
If the judge determines that a public nuisance does exist, the court shall order:
a. 
That within five (5) days from the date of the order the respondent shall remove or cause to be removed the junked vehicle from the premises and abate such nuisance; and
b. 
That if the respondent shall fail to remove the junked vehicle and abate the nuisance within the time ordered, the chief of police or other duly authorized designee shall take possession of such junked vehicle and remove it from the premises.
(iii) 
An order requiring the removal of the nuisance must also include the following information, if available:
a. 
For a motor vehicle, the vehicle's:
1. 
Description;
2. 
Vehicle identification number (VIN); and
3. 
License plate number.
b. 
For an aircraft, the aircraft's:
1. 
Description; and
2. 
Federal aircraft identification number as described by the FAA aircraft registration regulations, as required by 14 C.F.R. Part 47; and
c. 
For a watercraft, the watercraft's:
1. 
Description; and
2. 
Identification number as set forth in the watercraft's certificate of number.
(D) 
In the event a hearing is not requested by a person for whom notice is required under Section 8.704(1) hereof, not earlier than the eleventh (11th) day after the date of service of the notice, the chief of police, or other duly authorized designee, shall contact the municipal court and set a date and time for such hearing before the municipal judge. The court clerk shall notify the person(s) for whom notice is required under Section 8.704(1) hereof, in writing as to the date and time of such hearing. The municipal judge shall hear the case as set out in subsection (2)(C) above. If the judge determines that a public nuisance does exist, the court shall order that the chief of police or other duly authorized designee take possession of such vehicle and remove it from the premises. The order shall include the information required in subsection (2)(C)(iii) above, if available.
(E) 
In the event the respondent(s) fail to appear at a hearing scheduled under subsections (2)(B) or (2)(D) hereunder, a copy of any orders issued under this section shall be either: personally delivered, sent by certified mail, return receipt requested, or delivered by the United States Postal Service with return signature confirmation to all known persons entitled to such notice under Section 8.704(1).
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
(a) 
The chief of police, code enforcement officer or other regular salaried, full-time employee of the city 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 in accordance with this article.
(b) 
The municipal court may enter orders to enforce this article.
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
(a) 
Removal of the nuisance shall be carried out, or caused to be carried out, by the chief of police or duly authorized designee, in accordance with this article and the orders issued by the municipal judge thereunder.
(b) 
Procedures for abatement and removal of a public nuisance will be administered by the chief of police or duly authorized designee, except that any authorized person may remove the nuisance, including a contractor hired by the city.
(c) 
The chief of police shall give notice, identifying the junked vehicle or part of the junked vehicle, not later than the fifth (5th) day after the date of removal, to the Texas Department of Transportation.
(d) 
A junked vehicle may not be reconstructed or made operable by the city after it is removed.
(e) 
A junked vehicle or vehicle part may be disposed of in accordance with this article.
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
The chief of police, or duly authorized designee, pursuant to provisions of this article, may dispose of or cause the disposal of the junked vehicle, or junked vehicle part, by removal to a scrapyard, a motor vehicle demolisher, or a suitable site operated by a county or a municipality, or as otherwise provided by Chapter 683, Subchapter E of the Texas Transportation Code, as amended.
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
The relocation of a junked vehicle that is a public nuisance to another location in the city, after a proceeding for the abatement and 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 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
(a) 
This article does not apply to a vehicle or vehicle part:
(1) 
That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) 
That is stored or parked in a lawful manner on private property in connection with the lawfully operated 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 and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner, and not stacked or arranged so that they are not screened from ordinary public view;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. Screening should generally comply with the following requirements:
(i) 
A solid barrier fence that is at least six (6) feet in height of a natural or earth-tone color. If greater height is necessary to screen the junked vehicles from ordinary public view, such is required; or
(ii) 
Planting fast growing plants (shrubs, trees or reeds) which are well maintained and are kept at a height of at least six (6) feet, except that where a greater height is necessary to screen the junked vehicles from ordinary public view, they will be maintained at that height.
(b) 
In this article:
Antique Vehicle.
A passenger car or truck that is at least 25 years old.
Motor Vehicle Collector.
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.
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 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)
Nothing in this article shall be construed to affect laws or regulations that permit the immediate removal of a vehicle, or part of a vehicle, left on public property which constitutes an obstruction to traffic or a danger to the traveling public, or laws that establish procedures for taking possession of abandoned motor vehicles.
(Ordinance 2015-05-18, sec. 2, adopted 5/18/15; Ordinance 2021-11-15-A adopted 11/15/2021)