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 general public;
(2)
Tends
to reduce the value of private property;
(3)
Invites
vandalism;
(4)
Creates
fire hazards;
(5)
Constitutes
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 the city; and
(7)
Is
a public nuisance.
(Ordinance adopted 7/1/02, sec.
6.50)
(a)
Prior
to any action being taken to abate and remove a junked vehicle constituting
a public nuisance, from private property, public property or a public
right-of-way, not less than 10 days’ notice shall be given,
except as hereinafter provided, to the following parties:
(1)
The last known registered owner of the junked vehicle as shown on
the certificate of title;
(2)
Any lienholder of record; and
(3)
The owner or occupant of the property upon which the junked vehicle
is located or the owner or occupant of the premises adjacent to the
public right-of-way on which the junked vehicle is located.
(b)
The
notice shall be mailed, by certified mail return receipt requested,
and if the vehicle is reasonably accessible, also by posting a copy
of such notice to the front windshield of the vehicle, and shall state
the following:
(1)
The nature of the public nuisance;
(2)
That it must be removed and abated not later than the 10th day after
the date on which the notice was mailed;
(3)
That any request for a hearing must be made in writing before the
10-day period expires;
(4)
That failure to abate the nuisance, request a hearing or attend the
hearing, if requested, constitutes a waiver by the owner and lienholders
of all right, title and interest in the vehicle and their consent
to disposal for the junked vehicle under the terms of the Texas Transportation
Code concerning the disposal of junked vehicles.
(c)
If
the post office address of the last known registered owner of the
junked vehicle is unknown, notice may be placed on the junked vehicle,
or, if the owner is located, hand-delivered.
(d)
If
any notice is returned undelivered by the United States post office,
the validity of the notice is not affected, and the notice is considered
delivered; however, official action to abate the nuisance shall be
continued to a date not earlier than 11 days after the date of the
return of the notice.
(Ordinance adopted 7/1/02, sec.
6.51)
(a)
Request for hearing; hearing by municipal judge.
(1)
If a hearing is requested by a person to whom notice is required to be sent in accordance with section 7.03.072, the hearing shall be held not earlier than the eleventh day after the date of service of the notice. A request for a hearing shall be in writing to the municipal court clerk. Upon receiving a request for hearing, the municipal court clerk shall set a date and time for the hearing, and shall notify the requestor, and all persons entitled to notice under section 7.03.072, of the date and time for such hearing, and the location of the hearing.
(2)
If the address of any person entitled to notice under section 7.03.072 is not available, such notice may be otherwise delivered or posted in accordance with section 7.03.072. The municipal judge shall hear the matter at the location, date and time noticed unless changed by agreement or necessity with notice to the requestor, and shall, based on the information presented by the city representative(s) and the requestor (or any other person with legal or equitable interest in the matter) at the hearing, make a determination of whether the vehicle or vehicle part is a public nuisance under this division. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. If the municipal judge so finds, he/she shall enter an order making such finding, ordering the owner of the vehicle or vehicle part, or owner or occupant of the private premises where the vehicle or vehicle part is located, as the case may be, to abate the public nuisance by removing or causing the removal of the same, and directing that if such public nuisance is not abated within ten days of the order, that the chief of police, or someone acting under his/her direction, remove and cause to be removed the vehicle from the public or private property. The order shall be in writing, and must include, if available at the location of the nuisance, the following:
(b)
Hearing by city council.
If a hearing is not requested by a person entitled to notice pursuant to section 7.03.072, the matter will be placed on the agenda of a regular or special meeting of the city council for public hearing and action. A public hearing will be held to receive information from city staff as to the alleged public nuisance. Any interested person (having a legal or equitable interest in the vehicle or vehicle part, or the property on which it is located) may also be heard. Comments from the public may be received within the limits set by the city council. At the conclusion of the public hearing, the city council shall take action on the item. If the city council determines that the vehicle or vehicle part constitutes a public nuisance within the purview of this division, it shall pass a written resolution making such determination, and directing that, if such nuisance is not abated within ten (10) days of the resolution, that the chief of police, or his authorized agent, remove or cause the removal of the nuisance from the private or public property, as the case may be. The resolution shall include the following, if available from the location of the nuisance:
(Ordinance adopted 7/1/02, sec.
6.52; Ordinance 2018-26 adopted –/–/18)
If no hearing is requested prior to the expiration of 10 days after the notice required by section 7.03.072(b) was served or in the event the hearing officer orders abatement of the nuisance, the director or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle after the issuance of an order meeting the requirements of section 7.03.073(b).
(Ordinance adopted 7/1/02, sec.
6.53)
After any junked vehicle has been removed under the authority
of this article, it shall not be reconstructed or made operable again.
(Ordinance adopted 7/1/02, sec.
6.54)
No later than the fifth day after the date of removal of a junked
vehicle pursuant to this article, notice must be given to the state
department of transportation. Such notice must identify the vehicle.
(Ordinance adopted 7/1/02, sec.
6.55)
After the city has sent notice in accordance with section 7.03.072, the relocation of a junked vehicle that is a public nuisance to another location in the city has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Ordinance adopted 7/1/02, sec.
6.56)
Any junked vehicle taken into custody by the city or any duly
authorized person pursuant to a provision of this division shall be
disposed of in accordance with applicable provisions of chapter 683,
subchapter E of the Texas Transportation Code.
(Ordinance adopted 7/1/02, sec.
6.57)
The provisions of this division shall not apply to a vehicle
or vehicle part that is:
(1)
Completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property; or
(2)
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 7/1/02, sec.
6.58)
(a)
In
lieu of or in addition to following the abatement proceedings set
forth in this article, the city may pursue the filing of a criminal
complaint against the owner or occupant of the property in the municipal
court for violation of this article or chapter 683, subchapter E of
the Texas Transportation Code.
(b)
A person commits an offense if the person maintains a public nuisance described by section 7.03.071 hereof. An offense under this section is a misdemeanor punishable by a fine in the amount established by the general penalty provided in section 1.01.009 of this code. Each day an offense occurs shall be a separate offense.
(Ordinance adopted 7/1/02, sec.
6.59; Ordinance adopting 2020 Code)
If, within 10 days after receipt of notice from the city in accordance with section 7.03.072 to abate the nuisance, the owner or occupant of the premises shall give his written permission to the city for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with provisions of this article.
(Ordinance adopted 7/1/02, sec.
6.60)
Nothing in this article shall affect ordinances or other laws
that permit immediate removal of a vehicle left on public property
which is abandoned or which constitutes an obstruction to traffic.
(Ordinance adopted 7/1/02, sec.
6.61)
