A junked vehicle, including a part of a junked vehicle, that is visible from a public place or public right-of-way:
(1)
Is detrimental to the safety and welfare of the public;
(2)
Tends to reduce the value of private property;
(3)
Invites vandalism;
(4)
Creates a fire hazard;
(5)
Is an attractive nuisance creating a hazard to the health and safety of minors;
(6)
Produces urban blight adverse to the maintenance and continuing development of municipalities; and
(7)
Is a public nuisance.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(2))
The following procedures are hereby adopted and established for the abatement and removal of junked vehicles or parts thereof, as public nuisances, from private property, public property or public rights-of-way.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(3))
The chief of police or his designee shall order the owner of any private premises, if in possession thereof, or the occupant of any private premises, or the owner as shown by the current deed records of Bexar County, of any occupied premises within the city, upon which is located a junked vehicle, to abate said public nuisance and remove said junked vehicle from said property not later than the 10th day after the date on which the notice was personally delivered or mailed. Notice will be personally delivered or sent by certified mail with a five-day return requested to:
(1)
The last known registered owner of the nuisance; and
(2)
Each lienholder of record of the nuisance; and
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(4))
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.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(5))
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(6))
The owner or occupant of private premises on which a junked vehicle is located, or the owner or occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists, may, within ten days after the receipt of notice to remove or abate the same, request of the secretary-manager that a public hearing be held before the city council prior to the removal of the vehicle or part thereof as a public nuisance. In the event such request for hearing is made within such ten-day period, the matter shall be heard by the city council, either at its next regular meeting or at a special meeting as the council may elect by resolution. The hearing before the council shall be administrative in nature. A record shall be made which shall include the names of those appearing before the council, a description of the vehicle, the identification number and most recent license number if available and the decision of the council as to whether or not the vehicle is, in fact, a junked vehicle. Upon determination by a majority of the council that such motor vehicle is a junked vehicle and therefore in violation of this article, the owner or occupant of the premises upon which the motor vehicle is located, or the occupant of the premises adjacent to the public right-of-way whereupon such nuisance exists, shall be ordered to remove such vehicle within ten days next following the date of said hearing, or, where hardship exists, within 30 days, the same being a reasonable time. It shall further provide that if the person so ordered fails to remove such junked vehicle within the time specified, the chief of police shall:
(1)
File criminal charges against said person so in default in the municipal court; and
(2)
Cause said vehicle to be removed to a scrapyard, demolisher, or suitable site designated by the city for this purpose.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(7))
(a)
Nothing in this article shall 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 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:
(b)
In this section:
(1)
Antique vehicle
means a passenger car or truck that is at least 25 years old.
(2)
Motor vehicle collector
means a person who:
(3)
Special interest vehicle
means 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 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(9))
The provisions of this article shall be administered and enforced by regularly salaried, full-time employees of the city, except that any authorized person may remove the nuisance.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(10))
Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolisher, or any suitable site which may be designated by the city.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(11))
After a junked vehicle has been removed under the provisions of this article, it shall not be reconstructed or made operable. Notice shall be given to the state department of transportation within five days after the date of removal, identifying the vehicle or part thereof, so that the department may cancel the certificate of title to such vehicle.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(12))
The chief of police or any person authorized by him to administer the provisions of this article may enter upon private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(13))
Nothing in this article shall affect existing ordinances or statutes of the state that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(14))
It shall be unlawful for the owner or occupant of any real property within the city to keep or permit the keeping of a junked vehicle or part thereof on such property in violation of this article.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(15))
It shall be unlawful for any person to knowingly or intentionally interfere with or attempt to prevent the examination and/or identification of vehicles pursuant to this article or to intentionally or knowingly interfere with or attempt to prevent the removal of a junked vehicle under terms of this article. Any violation of section 8.06.016 shall be punishable by a fine not exceeding $200.00.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(16); Ordinance adopting 2023 Code)
It shall be an affirmative defense to prosecution under the provisions of this article that the notices hereinabove were not given to the defendant prior to the commencement of the criminal prosecution.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(17))
In any case where the municipal court shall find an owner or occupant guilty of keeping a junked vehicle, the court shall enter an order authorizing the chief of police or any police officer to remove or cause the junked vehicle to be removed or disposed of.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(18))
In adopting this article, the council has done so pursuant to the authority granted to it by section 683.074, Texas Transportation Code, as amended, it being the intention of the council to implement and put into effect appropriate measures for the abatement and removal of junked vehicles or parts thereof, as public nuisances.
(Ordinance 1111 adopted 7/8/2002; 1996 Code, sec. 13-24(19))