As used in this article:
A passenger car or truck that is at least twenty-five years
old.
A vehicle that:
Is self-propelled; and
“Junked vehicle” includes a motor vehicle, aircraft
or watercraft and, in addition to the foregoing, applies as follows:
Is an aircraft that does not have lawfully printed on the aircraft
an unexpired federal aircraft identification number registered under
Federal Aviation Administration aircraft registration regulations
in 14 C.F.R. part 47; or
The additional provisions of subsection (3)(A)(i)b. and subsection
(3)(A)(ii)b. above expire on February 28, 2015. All other provisions
of this section remain and continue in effect beginning March 1, 2015.
A person who:
A motor vehicle of any age that has not been changed from
original manufacturer’s specifications and, because of its historic
interest, is being preserved by a hobbyist.
(Ordinance 2014.6.1 adopted 6/10/14; 2001 Code, sec. 8.101)
(a)
A person commits an offense of the person maintains a public nuisance described by section 8.07.003. An offense under this article is a misdemeanor punishable by a fine in accordance with the general penalty provisions found in section 1.01.009 of this code. Each day an offense occurs shall be a separate offense.
(b)
Upon conviction of an offense under this article in the municipal court of the city, the judge of the municipal court shall enter a finding in the judgment of conviction that the offense constitutes a public nuisance and shall, in addition to the imposition of a fine and court costs, order the nuisance abated and removed by the person so convicted, and include therein the notice required by section 8.07.004. The clerk of the court shall cause the notice to be delivered to the person convicted of such an offense for which abatement and removal is ordered, in addition to the payment of the fine and court costs, in the forms and manners as set forth in section 8.07.004
(Ordinance 2014.6.1 adopted 6/10/14)
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 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 municipalities; and
(7)
Is
a public nuisance.
(2001 Code, sec. 8.102)
(a)
Prior
to any official action being taken to abate and remove a junked vehicle
constituting a public nuisance, from private property, public property
or a public right-of-way, not less than fifteen 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 requested,
and a copy of such notice shall also be affixed to the front windshield
of the vehicle, and shall state the following:
(1)
The nature of the public nuisance;
(2)
That it must be removed and abated not later than the fifteenth day
after the date on which the notice was mailed;
(3)
That any request for a hearing must be made before the fifteen-day
period expires and that the hearing will be held by the city council
on a date specified in the notice, which date will be at least eleven
days following the date of the service of notice;
(4)
That the persons entitled to notice shall be entitled to speak at
the public hearing, either by making a request prior to the time of
the hearing or by making a request at the time of the hearing; and
(5)
That failure to abate the nuisance or failure to attend the hearing
after notice constitutes a waiver by the owner and lienholders of
all right, title and interest in the vehicle and their consent to
disposal of the junked vehicle under the terms of the Texas Transportation
Code 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, hand delivered.
(d)
If
any notice is returned undelivered by the United States post office,
official action to abate the nuisance shall be continued to a date
not less than ten days after the date of the return of the notice.
(2001 Code, sec. 8.103)
(a)
At
the public hearing, the city council shall hear and consider all relevant
evidence, objections or protests and shall receive testimony from
owners, witnesses, city personnel and interested persons relative
to such alleged public nuisance. The hearing may be continued from
time to time.
(b)
At
the hearing, the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(c)
Following
the public hearing, the city council shall consider all evidence and
determine whether the vehicle, or any part thereof, constitutes a
public nuisance as alleged. If the city council finds that a public
nuisance does exist and that there is sufficient cause to abate the
nuisance, and that notice requirements provided in this article have
been met, the city council shall make a written order setting forth
its findings and ordering that the nuisance be abated.
(d)
If
the information is available at the location of the nuisance, the
order requiring removal of the nuisance must include the vehicle’s
description, vehicle identification number, and license plate number,
and a statement that the vehicle will be disposed of in accordance
with the Texas Transportation Code.
(e)
The
relocation of a junked vehicle that is a public nuisance to another
location within the corporate city limits after a proceeding for the
abatement or 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.
(2001 Code, sec. 8.104)
In the event the city council orders abatement of the nuisance,
the city or any duly authorized person may abate such public nuisance
by removal and disposal of the junked vehicle.
(2001 Code, sec. 8.105)
After any junked vehicle has been removed under the authority
of this article, it shall not be reconstructed or made operable again.
(2001 Code, sec. 8.106)
No later than the fifth day after the date of removal of a junked
vehicle pursuant to this article, notice must be given to the state
department of transportation. Such notice must identify the vehicle.
(2001 Code, sec. 8.107)
Any junked vehicles taken into custody by the city or any duly
authorized person pursuant to a provision of this article shall be
disposed of in accordance with applicable provisions of chapter 683,
subchapter E of the Texas Transportation Code.
(2001 Code, sec. 8.108)
The provisions of this article 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:
(2001 Code, sec. 8.109)
