Whenever the following terms are used in this article they shall have the meaning respectively ascribed to them in this section:
Junked Vehicle.
Means any vehicle that is self-propelled and:
(1) 
Does not have lawfully attached to it:
(A) 
An unexpired license plate; or
(B) 
A valid motor vehicle inspection certificate;
(2) 
Is wrecked, dismantled or partially dismantled or discarded; or
(3) 
Is inoperable and has remained inoperable for more than:
(A) 
Seventy-two hours if the vehicle is on public property; or
(B) 
Thirty consecutive days if the vehicle is on private property.
Person.
Shall mean any individual, firm partnership, association, corporation, company, or organization of any kind.
Demolisher.
Shall mean any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
(Ordinance adopting Code; 1989 Code of Ordinances, Chapter 6, Section 2B)
The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance and it shall be unlawful for any person or persons to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discharging his or their vehicle or vehicles on the property of another or to suffer, permit, or allow the same to be placed, located, maintained, or exist upon his or their own real property; provided that this section shall not apply to:
(1) 
a vehicle or part thereof which is 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) 
a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard; or
(3) 
unlicensed, antique, or special interest vehicles stored by a collector on the collector's property provided, however, that the vehicles and outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means.
(1989 Code of Ordinances, Chapter 6, Section 2B)
(a) 
Whenever such public nuisance exists in the city in violation hereof, the sheriff and/or his employees who shall administer this article shall not give less than ten (10) days notice to the last known registered owner of the junked motor vehicle, any lien holder of record, and to the owner of the real property of the occupant, if any of the premises whereon such public nuisance exists, to abate or remove the same, stating the nature of the public nuisance on private property, and that it must be removed and abated within ten (10) days; and further, that a request for hearing must be made before the expiration of said ten-day period by the aggrieved person such notice to be mailed, by certified or registered mail with a five-day return requested, to the owner or occupant of the private premises whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(b) 
Whenever such public nuisance exists in the city in violation hereof, the sheriff and/or his employees shall not give less than ten (10) days notice stating the nature of the public nuisance on public property or on a public right-of-way and that it must be removed and abated within ten (10) days; and further, that a request for hearing must be made before the expiration of said ten-day period, such notice to be mailed, by certified or registered mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record and to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(c) 
After a vehicle has been removed, it shall not be reconstructed or made operable.
(d) 
A public hearing prior to the removal of the vehicle or part thereof as a public nuisance is to be held before the governing body of the city, or official of the city as designated by the governing body, when such a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located, within ten (10) days after service of notice to abate the nuisance. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site.
(e) 
Notice by the city is to be given to the Texas Department of Highways and Public Transportation within five (5) days after the date of removal identifying the vehicle or part thereof. Said department shall forthwith cancel the certificate of title to such vehicle pursuant to Article 6687-1, Vernon's Civil Statutes Annotated.
(f) 
The sheriff and/or his employees, shall administer the removal of vehicles or parts thereof from property.
(1989 Code of Ordinances, Chapter 6, Section 2C)
If within ten (10) days after receipt of notice from the sheriff and/or his employees, or his duly authorized agent, to abate the nuisance as herein provided, the owner or occupant of the premises shall give his written permission to the sheriff and/or his employees, or his duly authorized agent for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of Section 8.103.
(1989 Code of Ordinances, Chapter 6, Section 2D)
(a) 
If such public nuisance is not abated by said owner of occupant after notice is given in accordance with this article, official action shall be taken by the City of Plains to abate such nuisance. Junked vehicles or parts thereof may be disposed of by removal to a scrap yard, demolishers, or any suitable site operated by the city for processing as scrap or salvage, which removal or process shall be considered in compliance with subsection (b) below. A junked vehicle disposed of to a demolisher, in accordance with this section, must be transferred to such demolisher by a form acceptable to the Texas Department of Highways and Public Transportation. The transfer receipt must be listed on the demolisher's inventory list and surrendered to the Texas Department of Highways and Public Transportation in lieu of the Certificate of Title under the provisions of Article 6687-1, Vernon's Texas Civil Statutes.
(b) 
After a vehicle has been removed pursuant to this section, it shall not be reconstructed or made operable by any person.
(c) 
Notice shall be given to the Texas Department of Highways and Public Transportation five (5) days after the date of removal identifying the vehicle or part thereof.
(1989 Code of Ordinances, Chapter 6, Section 2E)
The sheriff and/or his employees, or his agent may enter upon private property for the purposes specified in this article to examine vehicles or parts thereof, obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. The city council of the City of Plains shall have authority to issue all orders necessary to enforce such article.
(1989 Code of Ordinances, Chapter 6, Section 2F)
The relocation of a junked vehicle that is a public nuisance to another location within the corporate city limits after a proceeding for the abatement or 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 adopting Code)
Nothing in this article shall affect ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(1989 Code of Ordinances, Chapter 6, Section 2G)