For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Any person whose business is to convert a motor vehicle into
processed scrap or scrap metal, or otherwise to wreck or dismantle
motor vehicles.
A vehicle that is self-propelled and:
(1997 Code, sec. 93.01; Ordinance
adopting Code)
Nothing in this article shall affect ordinances that permit
immediate removal of a vehicle left on public property which constitutes
an obstruction to traffic.
(1997 Code, sec. 93.02)
The police authority in the city and/or the employees thereof,
or their agent, may enter upon private property for the purposes specified
in this article to examine vehicles or parts thereof, to obtain information
as to the identity of vehicles and to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant hereto.
The court of jurisdiction in the city shall have the authority to
issue all orders necessary to enforce this article.
(1997 Code, sec. 93.03)
(a)
Declaration of nuisance.
The location or presence of
any junked vehicle or junked vehicles on any lot, tract, parcel of
land or portion thereof, occupied or unoccupied, improved or unimproved,
within the city shall be deemed a public nuisance and it shall be
unlawful for any person or persons to cause or maintain such public
nuisance by wrecking, dismantling, rendering inoperable, abandoning
or discarding his or their vehicle or vehicles on the property of
another or to suffer, permit, or allow the same to be placed, located,
maintained, or exist upon his or their own real property.
(b)
Exceptions.
This section shall not apply to:
(1)
A vehicle or part thereof which is completely enclosed within a building
in a lawful manner or where it is not visible from the street or other
public or private property;
(2)
A vehicle or part thereof which is stored or parked in a lawful manner
on private property in connection with the business of a licensed
vehicle dealer or a junkyard;
(3)
Unlicensed operable or inoperable antique and special interest vehicles
stored by a collector on his property, provided that the vehicles
and the outdoor storage areas 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, rapidly growing trees, shrubbery,
or other appropriate means.
(1997 Code, sec. 93.04)
(a)
Whenever
a public nuisance under this article exists in the city in violation
hereof, the police authority in the city and/or the employees thereof
who shall administer this article shall give not less than ten days’
notice to the owner of the real property or the occupant, if any,
of the premises whereon such public nuisance exists to abate or remove
the same, stating the nature of the public nuisance on private property
and that it must be removed and abated within ten days and further
that a request for a hearing must be made before the expiration of
said ten-day period by the aggrieved person, such notice to be mailed
by certified mail with a five-day return receipt requested, to the
owner or the occupant of the private premises upon which such public
nuisance exists. If the notice is returned undelivered by the United
States post office, official action to abate said nuisance shall be
continued to a date not less than ten days from the date of such return.
(b)
Whenever
such public nuisance exists in the city in violation hereof, the police
authority in the city, and/or the employees thereof, shall provide
not less than a ten-day notice, stating the nature of the public nuisance
on the public property or on a public right-of-way and that it must
be removed and abated within ten days and further that a request for
a hearing must be made before expiration of said ten-day period, such
notice to be mailed, by certified mail with a five-day return receipt
requested, to the owner or the occupant of the public premises or
to the owner or the occupant of the premises adjacent to the public
right-of-way upon which such public nuisance exists. If the notice
is returned undelivered by the United States post office, official
action to abate said nuisance shall be continued to a date not less
than ten days from the date of such return.
(1997 Code, sec. 93.05)
A public hearing prior to the removal of the vehicle or part
thereof as a public nuisance is to be held before the city council,
or official of the city as designated by the city council, when such
a hearing is requested by the owner or occupant of the public or private
premises or by the owner or occupant of the premises adjacent to the
public right-of-way on which said vehicle is located, within ten days
after service of notice to abate the nuisance. Any resolution or order
requiring the removal of a vehicle or part thereof shall include a
description of the vehicle, and the correct identification number
and license number of the vehicle, if available at the site.
(1997 Code, sec. 93.06)
Notice by the city is to be given to the state department of
transportation within five days after the date of removal, identifying
the vehicle or part thereof. The department shall immediately cancel
the certificate of title to the vehicle pursuant to Tex. Transp. Code
section 501.001 et seq.
(1997 Code, sec. 93.07)
The police authority in the city, and/or the employees thereof,
shall administer the removal of vehicles or parts thereof from property.
(1997 Code, sec. 93.08)
After a vehicle has been removed it shall not be reconstructed
or made operable.
(1997 Code, sec. 93.09)
If, within ten days after receipt of notice from the police authority in the city and/or the employees thereof, or their duly authorized agent, to abate the nuisance, as provided in this article, the owner or occupant of the premises shall give his written permission to the police authority in the city and/or the employees thereof, or his duly authorized agent, for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of section 8.06.005.
(1997 Code, sec. 93.10)
If a public nuisance under this article is not abated by an owner or occupant after notice is given in accordance herewith, official action shall be taken by the city to abate such nuisance. Junked vehicles or parts thereof may be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the city for processing as scrap or salvage, which removal or process shall be considered compliance with section 8.06.009. A junked vehicle disposed of to a demolisher in accordance with this article must be transferred to such demolisher by a form acceptable to the state department of transportation (Form #MVD 71-4). The transfer receipt must be listed on the demolisher’s inventory list and surrendered to the state department of transportation in lieu of the certificate of title under the provisions of the Texas Transportation Code.
(1997 Code, sec. 93.11; Ordinance
adopting Code)
