As used herein, the following words and phrases shall have the meanings set forth adjacent to them:
Junked vehicle.
A vehicle that:
(1) 
Is self-propelled; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
72 consecutive hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(1)
A motor vehicle that displays an expired license plate or does not display a license plate;
(2)
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
(3)
A watercraft that:
 
(A)
Does not have lawfully on board an unexpired certificate of number; and
 
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
Person.
The word “person” as used herein shall mean any individual, firm, partnership, association, corporation, company, or organization of any kind.
(Ordinance 30, sec. 1, adopted –/–/–; Ordinance adopting Code)
The location or presence of any junked vehicle or junked vehicles on any lot, tract or parcel of land or any portion thereof, occupied or unoccupied, improved or unimproved, with the city shall be deemed a public nuisance and it shall be unlawful for any person to maintain such a public nuisance or to permit or allow the same to exist on his property or on the property of another; provided that this section shall not apply with regard to a junked vehicle or junked vehicles in an enclosed building, a junked vehicle or junked vehicles on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; a junked vehicle or junked vehicles in an appropriate storage place or depository maintained in a lawful place and manner by the city, or to vehicles in operable condition specially adapted or constructed for racing or operation on privately owned drag strips or raceways.
(Ordinance 30, sec. 2, adopted –/–/–; Ordinance adopting Code)
Whenever any such public nuisance exists in the city in violation of this article, notice of such violation shall be given, as applicable, to the owner of such vehicle, or the owner or occupant of the premises upon which such vehicle is situated, or to all such persons, as hereinafter provided. Such notice shall be in writing, shall specify the violation, and its location, shall specify the corrective measures required, shall provide that any owner of such vehicle, or owner or occupant of such premises, may protest the determination that such vehicle is a nuisance by filing written notice thereof with the city secretary within ten (10) days and shall provide that failure to file such protest within ten (10) days, shall constitute consent to the removal and impoundment of such vehicle. A copy of the notice shall be served upon the owner or occupant of the premises and/or the owner of the vehicle, either by personal service, by mailing a copy by certified mail with return receipt requested to the last known address of such person, or by attaching such copy to the vehicle in question. Any notice attached to any vehicle need not name the owner thereof, or the owner or occupant of the premises where it is situated, and any such notice attached to a vehicle shall constitute notice to the owner of the vehicle and to the owner and occupant of the premises where such vehicle is located.
(Ordinance 30, sec. 3, adopted –/–/–; Ordinance adopting Code)
If the owner or occupant of the premises, or the owner of such vehicle fails, neglects or refuses to either file notice of protest or to comply with the terms of any notice issued under the provision of the preceding section within ten (10) days after service of such notice by personal service, by mailing a copy by certified mail with return receipt requested to the last known address of such person or by attaching such copy to the vehicle in question, appropriate city officials shall abate such public nuisance by removing the junked vehicle from its location and impounding the same. All expenses incurred in the abatement of such nuisance, and costs of preserving such vehicle prior to final disposition, shall be charged against the owner, or owners of the junked vehicle, payable in the county and the city shall have a privileged lien on such junked vehicle, together with ten percent (10%) interest on the delinquent amount from the date of impounding such vehicle.
(Ordinance 30, sec. 4, adopted –/–/–; Ordinance adopting Code)
Should any person file a protest in accordance with section 8.03.004 hereof, of the determination that any vehicle constitutes a nuisance under the terms of this article, the city secretary or mayor shall place such protest on the agenda of the board of aldermen, give notice to the protestant of the time and place of the next meeting of the board of aldermen and stated in such notice that the board of aldermen will make a determination as to whether the protestant’s vehicle constitutes a nuisance under the terms of this article, and shall invite the protestant to appear in person or by attorney and present the reasons for his protest. If, after hearing the evidence and making such investigation as the board of aldermen deems necessary, the board of aldermen determines that the vehicle in question constitutes a nuisance, the board of aldermen may order the same removed from the premises, or, it may recommend prosecution in municipal court in accordance with the penal provisions hereof or both removal and prosecution.
(Ordinance 30, sec. 5, adopted –/–/–; Ordinance adopting Code)
The bona fide owner of any such junked vehicle or junked vehicles which have been impounded in accordance with the provisions of this article may acquire possession of such junked vehicle or junked vehicles by paying the costs of abatement as shall [have] been computed in accordance with the preceding section and by paying a reasonable storage charge based upon the period of time such junked vehicle or vehicles have been impounded.
(Ordinance 30, sec. 6, adopted –/–/–)
In the event that possession by the bona fide owner thereof of any junked vehicle or junked vehicles impounded in accordance with the provision hereof is not acquired within ninety (90) days from the date of such impoundment, such junked vehicle or junked vehicles shall be deemed to have been abandoned and may be sold by the city. Proceeds from any such sale shall first be applied to reduce or satisfy the storage charges computed in accordance with the above section, and any amount of such proceeds then remaining shall be applied to reduce or satisfy the lien perfected. Such lien shall remain in full force and effect with respect to any portion of the costs of abatement remaining unsatisfied.
(Ordinance 30, sec. 7, adopted –/–/–; Ordinance adopting Code)
The violation of any provision of this article relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist shall be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code, and each day’s violation thereof shall be and is hereby ordered and declared to be a distinct and separate offense and punishable as such.
(Ordinance 30, sec. 8, adopted –/–/–; Ordinance adopting Code)