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;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(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
(7) 
Is a public nuisance.
(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)
(a) 
The procedures for the abatement and removal of a public nuisance under this article must provide not less than ten days’ notice of the nature of the nuisance and must be sent by certified mail, marked five-day return receipt requested, 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.
(b) 
The notice must state that:
(1) 
The nuisance must be abated and removed not later than the 10th day after the date on which the notice was mailed; and
(2) 
Any request for a hearing must be made before the ten-day period expires.
(c) 
If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, hand-delivered.
(d) 
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(2002 Code, sec. 9.35)
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:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(2002 Code, sec. 9.36)