A junked vehicle, including a part of a junked vehicle, that
is visible at any time of the year from a public place or public right-of-way:
(1)
Is
detrimental to the safety and welfare of the general public;
(2)
Tends
to reduce the value of private property;
(3)
Invites
vandalism;
(4)
Creates
fire hazards;
(5)
Constitutes
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 the city; and
(7)
Is
a public nuisance.
[Ord. No. 1014-05, § 15, 5-10-2005]
(a)
Prior
to any action being taken to abate and remove a junked vehicle constituting
a public nuisance from private property, public property or public
right-of-way, not less than ten days notice shall be given, except
as hereinafter provided, to the following parties:
(1)
The last known registered owner of the junked vehicle as shown on
the certificate of title;
(2)
Any lienholder of record; and
(3)
The owner or occupant of the property upon which the junked vehicle
is located or the owner or occupant of the premises adjacent to the
public right-of-way on which the junked vehicle is located.
(b)
The
notice shall be mailed by certified mail with a five-day return and
shall contain the following:
(1)
A description of the nature of the public nuisance;
(2)
A statement that the junked vehicle must be removed and abated not
later than the tenth day after the date on which the notice was mailed;
(3)
A statement that a public hearing shall be held before the municipal
court on the issue of abatement of the vehicle, and a recitation of
the date and time of the hearing, and the address and telephone number
of the municipal court clerk;
(4)
A statement that the recipient of the notice may request that such
hearing be postponed or rescheduled by filing with the municipal court
clerk a written request for such and by delivering a copy of such
request to the code enforcement officer prior to the date of the hearing;
(5)
A statement that a request for postponement or rescheduling of the
hearing is within the discretion of the municipal court;
(6)
A statement that a failure by the municipal court clerk to respond
to a request to reschedule the hearing constitutes an automatic denial
of such request; and
(7)
A statement that if the owner or lienholder fails to abate the nuisance
within the ten-day period, and also fails to attend the hearing, such
owner or lienholder shall be deemed to have waived all right, title
and interest in the vehicle and their consent to disposal for the
junked vehicle under the terms of the Texas Transportation Code and
this article concerning the disposal of junked vehicles.
(c)
If
the post office address of the last known registered owner of the
junked vehicle is unknown, notice may be placed on the junked vehicle,
or, if the owner is located, personally delivered.
(d)
If
any notice is returned undelivered by the United States Post Office,
the validity of the notice is not affected, and the notice is considered
delivered, however, official action to abate the nuisance shall be
continued to a date not earlier than 11 days after the date of the
return of the notice.
[Ord. No. 1014-05, § 15, 5-10-2005]
(a)
Upon
order of the municipal court, the city may be authorized to abate
the violation by removing the junked vehicle, provided, however, that
nothing contained herein shall prohibit the city from removing or
abating a junked vehicle from any public road or public right-of-way,
or other location that constitutes an obstruction to traffic or otherwise
presents an immediate danger to the public health or safety.
(b)
At
the public hearing, the municipal court shall hear and consider all
relevant evidence, objections or protests and shall receive testimony
from owners, witnesses, city employees and interested persons relative
to such alleged public nuisance. The hearing may be continued from
time to time.
(c)
At
the hearing the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(d)
Following
the public hearing, the municipal court shall consider all evidence
and determine whether the vehicle, or any part thereof, constitutes
a public nuisance as alleged. If the municipal court finds that a
public nuisance does exist and that there is sufficient cause to abate
the nuisance, and that notice requirements provided in this subdivision
have been met, the municipal court shall enter a written order authorizing
the city to abate the nuisance.
(e)
If
the information is available at the location of the nuisance, the
order requiring removal of the nuisance shall include the vehicle's:
[Ord. No. 1014-05, § 15, 5-10-2005]
Upon receipt of a written order from the municipal court which meets the requirements of section 34-263, the code enforcement officer or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle in accordance with section 34-268.
[Ord. No. 1014-05, § 15, 5-10-2005]
After any junked vehicle has been removed under the authority
of this subdivision, it shall not be reconstructed or made operable
again.
[Ord. No. 1014-05, § 15, 5-10-2005]
No later than the fifth day after the date of removal of a junked
vehicle pursuant to this subdivision, notice must be given to the
state department of transportation. Such notice must identify the
vehicle.
[Ord. No. 1014-05, § 15, 5-10-2005]
After the city has sent notice in accordance with section 34-262, the relocation of a junked vehicle that is a public nuisance to another location in the city has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
[Ord. No. 1014-05, § 15, 5-10-2005]
Any junked vehicle taken into custody by the city or any duly
authorized person pursuant to a provision of this subdivision shall
be disposed of in accordance with applicable provisions of V.T.C.A.,
Transportation Code ch. 683, subch. E.
[Ord. No. 1014-05, § 15, 5-10-2005]
The provisions of this subdivision shall not apply to a vehicle
or vehicle part that is:
(1)
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)
Stored
or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or that is
an antique or special interest vehicle stored by a motor vehicle collector
on the collector's property, if the vehicle or part and the outdoor
storage area, if any, are:
[Ord. No. 1014-05, § 15, 5-10-2005]
(a)
In
lieu of or in addition to following the abatement proceedings set
forth in this subdivision, the city may pursue the filing of a criminal
complaint against the owner or occupant of the property in the municipal
court for violation of this subdivision or V.T.C.A., Transportation
Code ch. 683, subch. E.
[Ord. No. 1014-05, § 15, 5-10-2005]
If, within ten days after receipt of notice from the city in accordance with section 34-262 to abate the nuisance, the owner or occupant of the premises shall give the city written permission to remove the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with provisions of this subdivision.
[Ord. No. 1014-05, § 15, 5-10-2005]
Nothing in this subdivision shall affect ordinances or other
laws that permit immediate removal of a vehicle left on public property
which is abandoned or which constitutes an obstruction to traffic.
[Ord. No. 1014-05, § 15, 5-10-2005]
(a)
Notwithstanding
any other provision in this article, each single-family or two-family
residence is permitted to park not more than one junked vehicle that
is awaiting repair for a period not to exceed 15 days.
[Ord. No. 1267-14, § 1, 5-6-2014]
