Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this article but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only, and shall not be used in the interpretation of this
article.
Has the meaning prescribed by section 683.002 of the Texas
Transportation Code, as it may be amended.
A passenger car or truck that is at least twenty-five (25)
years old.
Any person whose business is to convert the motor vehicle
into processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
A motor vehicle that because of mechanical failure, breakdown,
or disrepair cannot be started, driven, operated, steered, or stopped
under its own power and without causing damage to the vehicle.
Has the meaning prescribed by section 683.071 of the Texas
Transportation Code, as it may be amended.
A person who:
Any person designated by the city council as authorized to
investigate and enforce suspected violations of city ordinances or
regulations. The term may include the chief of police or his/her designee,
a police officer, a city code enforcer, or another person so designated.
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 adopted 1/3/07; 1989 Code, sec. 17-190; Ordinance adopting
2016 Code)
(a)
An
abandoned motor vehicle or a junked vehicle is a public nuisance.
(b)
It
shall be unlawful for any person, individual, company or corporation
to maintain, possess, or locate any junked vehicle, or parts or portion
thereof, within the city.
(c)
An
inoperable motor vehicle left on public property for more than forty-eight
(48) continuous hours is a public nuisance.
(d)
A
person commits an offense if the person creates or maintains a public
nuisance described by this section. Each day that the nuisance persists
is a separate offense.
(e)
A
culpable mental state is not required, and need not be proved, for
an offense under this section.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-191)
(a)
Chapter
683 (Abandoned Motor Vehicles) of the Texas Transportation Code is
adopted by reference. Should any provision hereof conflict with chapter
683 in a manner that is not authorized by that chapter, or should
this article be silent on a matter that is addressed in chapter 683,
the provisions of chapter 683 shall be followed.
(b)
The
city may abate a nuisance, take custody of a vehicle, and dispose
of a vehicle as provided in chapter 683 of the Texas Transportation
Code.
(c)
The
municipal court shall issue necessary orders to enforce procedures
prescribed by this article or by chapter 683 of the Texas Transportation
Code.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-192)
(a)
Any
person may file a complaint alleging the existence of an abandoned
or junked vehicle, or part thereof, as a public nuisance in the city.
The complaint must:
(b)
On
his or her own knowledge or on the basis of a written complaint, an
officer shall investigate the alleged existence of an abandoned or
junked vehicle, or part thereof, on private or public property or
a public right-of-way within the city.
(c)
The
officer may enter private property where the alleged junked vehicle,
or part thereof, is located in order to examine the public nuisance,
to obtain information to identify the nuisance and to remove or direct
removal of the nuisance.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-193)
(a)
Not
later than forty-eight (48) hours before impounding an abandoned motor
vehicle under this article, an officer shall securely affix a visible,
dated, brightly colored notice to the vehicle. The police chief or
his/her designee shall maintain a record of the date and time each
notice is affixed.
(b)
Proof
that the motor vehicle was not removed from the public or private
property after the notice was attached to the vehicle is prima facie
proof in any court that:
(1)
The vehicle was left unattended and abandoned for the period of time
between the affixing of the notice and the impounding of the motor
vehicle; and
(2)
The owner of the vehicle allowed the motor vehicle to remain at the
place where the motor vehicle was impounded for the period of time
between the affixing of the notice and the impounding of the motor
vehicle.
(c)
After the passage of forty-eight (48) hours or more since the affixing of the notice provided in subsection (a), the city may take the abandoned vehicle into custody as provided in sections 683.011–683.012, Texas Transportation Code.
(d)
After
impoundment, the city shall follow the procedures for sending notice,
storage fees, auction, auction proceeds and use of abandoned vehicles
provided in sections 683.011– 683.016, Texas Transportation
Code.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-194; Ordinance adopting
2016 Code)
(a)
If
a junked vehicle is located on property in violation of this article,
the police chief or his/her designee shall mail, by certified or registered
mail, return receipt requested, a written order to the owner or the
occupant of the property, or, if the vehicle is located on a public
right-of-way, to the owner or occupant of the property adjacent to
the right-of-way, that:
(1)
States the nature of the public nuisance;
(2)
Orders the owner or occupant to remove and abate the vehicle no later
than the tenth day after receipt of the notice;
(3)
Describes the right to request a hearing; and
(4)
States the consequence of a failure to request a hearing as set forth
in this section.
(b)
An owner or occupant who receives a notice under subsection (a) may request a hearing to determine whether a vehicle is a junked vehicle. The owner or occupant must make the request to the municipal court clerk not later than the tenth day after the date the owner or occupant receives the notice. The request may be made in person or in writing, without the requirement of bond.
(d)
(e)
The notice described in subsection (d) is not a condition or requirement precedent to any proceeding or official action to abate a public nuisance, and a proceeding or action is not void, voidable, or in any way affected by a failure to affix the notice. The time within which a hearing must be requested is controlled by the order under subsection (a).
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-195; Ordinance adopting
2016 Code)
(a)
If a hearing is requested under section 8.05.006, the municipal court clerk shall notify the owner or occupant of a date and a time when the owner or occupant may appear before a municipal court judge for a hearing to determine whether a vehicle is a junked vehicle.
(b)
A
municipal court judge shall determine by a preponderance of the evidence
whether or not a vehicle is a junked motor vehicle. The hearing is
civil in nature and shall be as summary as due process and orderly
procedure allow.
(c)
On
a finding that a vehicle is a junked vehicle, the judge shall order
that:
(1)
The owner or occupant shall remove the vehicle and abate the nuisance
no later than the tenth day; and
(d)
The
municipal court clerk shall deliver notice of a hearing set under
this section to the police chief or his/her designee.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-196; Ordinance adopting
2016 Code)
In the event the owner or occupant of the premises does not
request a hearing as herein provided, it shall be his or her duty
to comply with the provisions of the notice given him or her and to
abate such nuisance within ten (10) days after the date of the receipt
of such notice.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-197)
After a vehicle has been removed in accordance with or under
the terms and provisions of this article, it shall not be reconstructed
or made operable.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-198)
Notice shall be given by the municipal court judge to the state
department of transportation within five (5) days after the date of
removal, identifying the vehicle or part thereof.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-199)
This article shall 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 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:
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-200)
The administration of this article shall be 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. Investigations and enforcement actions may be initiated under
this article by any officer, without regard to the officer’s
payroll status, provided that officer is supervised by a regularly
salaried, full-time employee of the city.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-201)
(a)
Within
ten (10) days after notice has been delivered to the owner or occupant
of the premises on which a junked vehicle is located if a hearing
is not requested, or, if a hearing is requested, within ten (10) days
after an order requiring the removal of such junked vehicle has been
served upon or delivered to the owner or occupant of the premises
on which said vehicle is located, the officer may, if said nuisance
has not been abated, remove or cause to be removed the vehicle which
was the subject of such notice to a suitable city storage area.
(b)
Such
vehicle shall be stored in such storage area for a period of not less
than ten (10) days, during which period any party owning or claiming
any right, title or interest therein shall be entitled to claim possession
of same by the payment to the city of the actual cost of the city
of abating such nuisance. The officer may in such cases, if he or
she deems it necessary, require such person to post bond of not more
than fifty dollars ($50.00) nor less than twenty-five dollars ($25.00),
conditioned that such person will not use said vehicle to create another
nuisance in the city.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-202)
(a)
When any junked vehicle has remained in the storage area provided in section 8.05.013 hereof for not less than ten (10) days, it shall be the duty of the officer to dispose of same by removal to a scrap yard or by the sale to a demolisher for the highest bid or offer received therefor or to remove same to any suitable site operated by the city or the county for processing as scrap or salvage. If there is not a bid or offer for the junked vehicle, the officer may dispose of same by causing it to be demolished or removed to a place provided by the city council, or by permitting it to be removed by a demolisher who is willing to do so for the benefit of the junk or parts he or she can salvage.
(b)
Out
of the proceeds of same the officer shall pay for the cost of removal
and storage, and the balance, if any, shall be paid to the person
entitled thereto (either the city, the owner or the lienholder).
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-203)
(a)
The
city shall have the power to administer and enforce provisions of
this article as may be required by governing law. Any person violating
any provision of this article is subject to suit for injunctive relief
as well as prosecution for criminal violations.
(b)
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including but not limited
to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to one hundred dollars ($100.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(Ordinance adopted 1/3/07; 1989 Code, sec. 17-204; Ordinance adopting
2016 Code)
