This article is adopted pursuant to the authority provided by the Texas Transportation Code, chapter 683, subchapter E, and any successor statutes, to establish procedures for the abatement and removal from private or public property or public right-of-way of any junked vehicle or part of a junked vehicle which is a public nuisance.
(Ordinance 986, sec. 1, adopted 7/14/03)
Antique vehicle.
A passenger car or truck that is at least 35 years old.
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) 
Seventy-two (72) consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty (30) consecutive days, if the vehicle is on private property.
Motor vehicle.
Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
Motor vehicle collector.
A person who owns one or more antique or special interest vehicles and 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.
Motor vehicle demolisher.
Any person in the business of converting motor vehicles into processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles.
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 a hobbyist.
Storage facility.
A garage, parking lot or any type facility or establishment for the servicing, repairing, storing or parking of motor vehicles.
(Ordinance 986, sec. 2, adopted 7/14/03)
A junked vehicle which is located 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 and creates a fire hazard. These vehicles are detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city, and such vehicles are therefore declared to be a public nuisance.
(Ordinance 986, sec. 3, adopted 7/14/03)
(a) 
Every owner, lessee, and other person in charge of land (whether or not improved) within the city is obligated, jointly and severally, and that/those person(s) commits an offense, if the person(s) maintains a public nuisance described by section 8.05.003 of this article.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).
(c) 
The city municipal court shall have the authority to order abatement and removal of the nuisance.
(Ordinance 986, sec. 4, adopted 6/14/03)
The following vehicles or parts thereof are excepted from the provisions of this article:
(1) 
A vehicle or vehicle part which is completely enclosed within a building in a lawful manner where it is not visible from the street, other public right-of-way or other public or private property.
(2) 
A vehicle or vehicle part which is stored or parked in a lawful and orderly manner on private property in connection with the business of a licensed vehicle dealer or junkyard.
(3) 
An unlicensed, operable or inoperable antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collector’s property, provided that the vehicle or part and the outdoor storage area, if any, 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, shrubbery or other appropriate means.
(Ordinance 986, sec. 5, adopted 7/14/03)
The procedure for the abatement and removal of a junked vehicle or part thereof, as a public nuisance, from private property, public property or public right-of-way shall be as follows:
(1) 
On public rights-of-way, any duly certified peace officer may tag any junked vehicle giving notice the vehicle owner has seventy-two (72) hours to remove the vehicle.
(A) 
If the vehicle is not removed within the seventy-two-hour period, the police department shall summon the wrecker on call and have the vehicle impounded in accordance with current police department procedures and Texas Transportation Code, chapter 683, subchapters A and B.
(B) 
Removal of the police department notice by any person, so as to un-tag the vehicle, shall be a misdemeanor with a fine not to exceed two hundred dollars ($200.00).
(2) 
If the vehicle is on private property, there shall be a notice issued to the property owner stating the nature of the public nuisance on the private property and that the nuisance must be abated within thirty (30) days after the date posted on the notice. This notice can be sent by regular or certified mail.
(3) 
If the junked vehicle is not removed within the thirty-day period, the police department or a code enforcement official may appear before the city municipal court judge and request a resolution or order to remove a public nuisance from private property, public property or a city right-of-way. If the information is available at the location of the nuisance, the resolution or order must include the vehicle’s:
(A) 
Description;
(B) 
Vehicle identification number; and
(C) 
License plate number.
(4) 
Before the municipal court’s resolution or order is served, a second notice shall be sent by certified mail with a five-day return request to:
(A) 
The last known registered owner of the nuisance;
(B) 
Each lienholder of record of the nuisance; and
(C) 
The owner of the property on which the nuisance is located.
(5) 
This second notice shall include the following:
(A) 
The nuisance must be abated and removed not later than the 10th day after the date on which the second notice was mailed; and
(B) 
Any request for a hearing must be made before that 10-day period expires.
(6) 
If the second notice is returned undelivered by the United States post office, official action to abate said nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of such return.
(7) 
The relocation of a junked vehicle that is a public nuisance to another location within the city, after a proceeding for the abatement and removal of such junked vehicle has commenced, has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(8) 
Notice must be given to the state department of transportation on TxDOT Form VTR-71-5 not later than the fifth (5th) day after the date of removal identifying the vehicle or part thereof. The department will cancel the certificate of title issued for the vehicle.
(9) 
A citation may be issued and a complaint may be filed in the city municipal court for the violation of maintaining a public nuisance, if the nuisance is not removed and abated and a hearing is not requested within the ten-day period as defined in this statute.
(Ordinance 986, sec. 6, adopted 7/14/03)
(a) 
There shall be a public hearing prior to the removal of the junked vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle, or by any lienholder of record, or by the owner or occupant of the public or private premises, or by the police department or code enforcement official.
(b) 
The hearing shall be held before the city municipal court judge not earlier than the eleventh (11th) day after the date of the service of notice to abate the nuisance, nor later than the twenty (20th) day after the date of the service of notice to abate the nuisance.
(c) 
At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(Ordinance 986, sec. 7, adopted 7/14/03)
(a) 
A junked vehicle or part thereof may be disposed of by removal to a scrap yard, a motor vehicle demolisher or any suitable site operated by or contracted to the city, for processing as scrap or salvage pursuant to authority provided in the Texas Transportation Code, section 683.078, or any successor statute for junked vehicle disposal.
(b) 
After the vehicle is removed, it shall not be reconstructed or made operable.
(Ordinance 986, sec. 8, adopted 7/14/03)
Any peace officer or code enforcement official is authorized to enforce this article, [and] may enter the public areas of any building or premises, not a private residence or dwelling, structure or completely enclosed structure on private property, at all reasonable times whenever necessary in the performance of their duties to inspect and investigate for violations of any law, or to enforce the law. The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof, obtain information so as to identify such vehicles and remove or cause the removal of a vehicle or part thereof declared to be a nuisance. If such building or premises are occupied, the official shall present proper credentials and demand entry, unless otherwise permitted by law. If such entry is refused, or if no owner or other person having charge and control of the building or premises can be located, the peace officer or code enforcement official shall have recourse to every remedy provided by law to secure entry.
(Ordinance 986, sec. 9, adopted 7/14/03)