For purposes of this article, the following definitions shall be used:
Antique automobile.
A passenger car or truck that is at least 25 years old.
Collector.
The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest.
Junked vehicle.
A 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; 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.
Special interest vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.
(Ordinance 85-3, sec. 1, adopted 11/12/85; Ordinance 06-05-04, sec. 1, adopted 5/8/06)
The building and standards commission of the city, or any other board or commission so designated by the city council, through the city administrator, or such other designated full-time, regularly salaried employee of the city, including the chief of police, shall have the responsibility to administer the provisions of this article.
(Ordinance 06-05-04, sec. 3, adopted 5/8/06)
It shall be unlawful for any person to leave or permit to remain upon any public property, public right-of-way, or upon any lot or tract of land within the city any junked vehicle as defined in section 8.03.001 above.
(Ordinance 85-3, sec. 5, adopted 11/12/85)
Any junked vehicle located in the city in any place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city. Such vehicle is, therefore, declared to be a nuisance.
(Ordinance 06-05-04, sec. 3, adopted 5/8/06)
(a) 
Whenever any public nuisance, as declared in this article, exists in the city, the city administrator or a person designated by the city administrator shall give notice by personal delivery, by certified mail, with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to:
(1) 
The last known registered owner of the nuisance;
(2) 
Each lienholder of record of the nuisance; and
(3) 
The owner or occupant of:
(A) 
The property on which the nuisance is located; or
(B) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.m If the post office address of the last known registered owner is unknown, notice must be placed on the nuisance, or if the owner is located, personally delivered. If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.
(b) 
The notice must state that:
(1) 
The nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; and
(2) 
Any request for a hearing must be made before the ten-day period expires.
(c) 
If a hearing is requested by a person who is either the owner or occupant of the property on which the nuisance is located, or if the nuisance is located on a public right-of-way, the owner or occupant adjacent to the right-of-way, then the hearing shall be held not earlier than the eleventh day after the date of the service of notice.
(Ordinance 07-10-01, sec. 1, adopted 10/8/07)
A public hearing, prior to the removal of a vehicle or part thereof under this article as a public nuisance, shall be held before the building and standards commission, or any other board or commission so designated by the city council, if the hearing is requested in accordance with section 8.03.005 by the last known registered owner of the nuisance or any lienholder of record of the nuisance. Provided further, if the hearing was requested by the owner or occupant of the property on which the nuisance was located or if the nuisance was located on a public right-of-way, the owner or the occupant of the property adjacent to the right-of-way, then the hearing shall be held not earlier than the eleventh day after the date of the service of notice to abate the nuisance. At the hearing the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. An order of the commission requiring removal of a vehicle or a part thereof shall include a description of the vehicle, the correct identification number, and license plate number of the vehicle, if available, at the site of the nuisance.
(Ordinance 07-10-01, sec. 2, adopted 10/8/07)
(a) 
Junked vehicles which have been removed pursuant to this article shall not be reconstructed or made operable.
(b) 
In the event such junked vehicle has not been removed and the public nuisance abated after due notice and the expiration of time set forth or after the public hearing, if one is requested, and an order issued to abate such nuisance and such vehicle has not been removed, then such junked vehicle or parts thereof shall be removed by the city.
(c) 
Notice shall be given by the city to the state department of transportation within five (5) days after the removal of such junked vehicle, identifying the vehicle or part thereof.
(d) 
Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolishers or any suitable site operated by the city for processing as scrap or salvage in accordance with the Texas Litter Abatement Act.
(e) 
Such vehicle shall remain at the city storage area, scrapyard, or demolisher for a period of 10 days during which time any party owning or claiming any right, title, or interest therein may redeem it by paying to the city and/or to the scrapyard or demolisher the costs incurred in abating the nuisance, including, but not limited to towing, storage, and impound fees. When such ten-day redemption period has expired, the vehicle may be disposed of by sale to a demolisher for the highest amount bid, offered under competitive bidding, or by removal of the vehicle to a scrapyard or demolisher for sale as scrap or salvage. Upon the sale of any such vehicle, the city shall apply the proceeds first to the costs incurred in abating and storing the nuisance, and the balance, if any, shall be paid to any person showing proper entitlement thereto.
(Ordinance 85-3, sec. 9, adopted 11/12/85; Ordinance 06-05-04, sec. 6, adopted 5/8/06)
Within ten (10) days after receipt of notice from the city administrator and/or his employees, or his duly authorized agent to abate the nuisance, as herein provided, the owner or occupant of the premises may give his written permission to the city administrator to allow the city to abate the nuisance. Such owner or occupant of the premises will be deemed to have complied with the provisions of this article if the reasonable cost and expense to be incurred by the city in removing the nuisance are paid by the owner or occupant within ten (10) days after the city received written permission to remove the vehicle.
(Ordinance 07-10-01, sec. 3, adopted 10/8/07)
This article 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;
(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, operable or inoperable antique or special interest vehicles stored by a collector on his property, provided that the vehicles and the 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.
(Ordinance 85-3, sec. 2, adopted 11/12/85)
Nothing in this article shall affect ordinances or state statutes that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(Ordinance 85-3, sec. 3, adopted 11/12/85)
(a) 
A person commits an offense if the person maintains a public nuisance described by this article. Such offense is a misdemeanor punishable by a fine not to exceed $200.00. Such fine may be in addition to any administrative penalty imposed by the building and standards commission and the costs and expenses incurred by the city in abating the nuisance.
(b) 
The person in whose name a junked vehicle is last registered shall be presumed to be the owner and person in control of such vehicle for purposes of prosecution under this article. Proof of ownership may be made by production of a copy or facsimile of the registration of a vehicle with the state department of transportation or the county motor vehicle licensing department or any other licensing authority showing the name of the person to whom the license plates for the vehicle were issued. This proof shall constitute prima facie evidence of the fact that the person to whom such certificate of registration was issued was the owner and person in control of the junked motor vehicle determined to be a public nuisance.
(Ordinance 07-10-01, sec. 4, adopted 10/8/07)