Junked motor vehicle.
A vehicle that is self propelled and:
(1)
Displays an expired license plate or invalid motor vehicle inspection
certificate or does not display a license plate or 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.
(Ordinance adopting Code)
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 public;
(2) Tends
to reduce the value of the property;
(5) Is
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 municipalities; and
(2002 Code, sec. 9.32)
The following guidelines constitute an offense as defined by
this article:
(1) A person commits an offense if the person maintains a public nuisance described by section
8.03.002.
(2) An
offense under this article is a misdemeanor punishable by a fine not
to exceed the maximum allowable by state statute.
(3) The
municipal court shall order abatement and removal of the nuisance
on conviction.
(2002 Code, sec. 9.33)
The following procedures have been adopted by the city for the
abatement and removal from private or public property or a public
right-of-way of a junked vehicle or part of a junked vehicle as a
public nuisance:
(1) These
procedures:
(A) Prohibit a vehicle from being reconstructed or made operable after
removal;
(B) Require a public hearing before removal of the public nuisance; and
(C) Require that notice identifying the vehicle or part of the vehicle
be given to the state department of transportation no later than the
fifth day after the date of removal.
(2) The
municipal court of the city may issue necessary orders to enforce
these procedures.
(3) Procedures
for abatement and removal of a public nuisance must be administered
by a regularly salaried, full-time employee of the city, except that
any authorized person may remove the nuisance.
(4) A
person authorized to administer the procedures may enter private property
to examine a public nuisance, to obtain information to identify the
nuisance, and to remove or direct the removal of the nuisance.
(5) On
receipt of notice of removal, the department shall immediately cancel
the certificate of title issued for the vehicle.
(6) The
relocation of a junked vehicle that is a public nuisance to another
location in the city after a proceeding for the abatement and 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.
(2002 Code, sec. 9.34)
If a hearing is requested by a person for whom notice is required,
the hearing shall be held not earlier then the 11th day after the
date of the service of notice. At the hearing, the junked motor vehicle
is presumed, unless demonstrated otherwise by the owner, to be inoperable.
If the information is available at the location of the nuisance, an
order requiring removal of the nuisance must include the vehicle’s:
(2) Vehicle
identification number; and
(2002 Code, sec. 9.36)