Junked vehicle.
A vehicle that is self-propelled and:
(1) 
Does not have lawfully attached to it:
(A) 
An unexpired license plate; and
(B) 
A valid 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 consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty consecutive days, if the vehicle is on private property.
(Ordinance adopting Code)
(a) 
A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible at any time of the year from a public place or public right-of-way is detrimental to the safety and welfare of the public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is hereby declared a public nuisance.
(b) 
A person commits an offense when he or she maintains a junked vehicle or vehicle part in a manner declared a public nuisance, and it is the city council’s intent that the municipal police enforce state law to discourage the creation and/or maintenance of such a public nuisance, as provided in V.T.C.A., Transportation Code sections 683.072 and 683.073. Such an offense is a misdemeanor punishable by a fine as provided in section 1.01.009 of this code. Section 683.073(c) of the Transportation Code also requires the court in which the case is tried to order abatement and removal of the nuisance upon conviction.
(Ordinance adopting Code)
(a) 
Prior to the abatement and removal of the public nuisance, the chief of police or his designee shall provide not less than ten (10) days’ written notice of the nature of the nuisance, which notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service 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 tenth day after the date on which the notice was personally delivered or mailed; and
(2) 
Any hearing must be held on request of a person who receives notice before that 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, personally delivered.
(d) 
If the 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.
(Ordinance adopting Code)
(a) 
If a hearing is requested by a person to whom notice is required to be sent in accordance with section 8.03.004, the hearing shall be held not earlier than the eleventh (11th) day after the date of service of the notice. A request for a hearing shall be made in writing to the city secretary. The city secretary shall set a date and time for the hearing before the junked vehicle compliance board and shall notify the requestor, and all persons entitled to notice under section 8.03.004, of the date and time for such hearing and the location of the hearing. If the address of persons entitled to notice under section 8.03.004 is not available, such notice may be otherwise delivered or posted in accordance with section 8.03.004. The junked vehicle compliance board shall hear the matter at the location, date and time noticed, unless changed by agreement or necessity with notice to the requestor, and shall, based on the information presented by the city representative and the requestor (or any other person with a legal or equitable interest in the matter) at the hearing, make a determination of whether the vehicle or vehicle part is a public nuisance under this article. It is presumed that the vehicle or vehicle part is inoperable unless demonstrated otherwise by the owner. If the junked vehicle compliance board so finds, it shall enter an order making such finding, ordering the owner of the vehicle or vehicle part, or owner or occupant of the private premises where the vehicle or vehicle part is located, as the case may be, to abate the public nuisance by removing or causing the removal of the same and directing that if such public nuisance is not abated within ten days of the order that the chief of police, or someone acting under this direction, remove or cause to be removed the vehicle or vehicle part from the public or private property. The order shall be in writing and must include, if available at the location of the nuisance, the following:
(1) 
Vehicle description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(b) 
A copy of the order shall be mailed by certified mail to all known persons entitled to notice under section 8.03.004, or otherwise provided or posted in accordance with section 8.03.004 if the address is unknown.
(Ordinance adopting Code)
Pursuant to section 683.074(e) of the Transportation Code, the chief of police or his authorized agent 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 in accordance with this article.
(Ordinance adopting Code)
(a) 
Removal of the nuisance shall be carried out, or caused to be carried out, by the chief of police or his authorized agent, in accordance with this article, and the orders issued hereunder.
(b) 
The chief of police or other authorized city official shall give notice to the state department of transportation identifying the vehicle or vehicle part not later than the fifth (5th) day after the date of removal.
(c) 
A junked vehicle or part may not be reconstructed or made operable after it is removed.
(d) 
Nothing herein shall be construed to affect laws or regulations permitting the immediate removal of a motor vehicle or part left on public property which constitutes an obstruction to traffic or a danger to the traveling public.
(e) 
Junked motor vehicles or vehicle parts may be disposed of in accordance with this article.
(Ordinance adopting Code)
The chief of police, or his authorized agent, may dispose of or cause the disposal of the junked motor vehicle or vehicle part by removal to a scrap yard, a motor vehicle demolisher, or a suitable site operated by a county or a municipality, or as otherwise provided by chapter 683, subchapter E of the Transportation Code, or amendments or recodifications thereof.
(Ordinance adopting Code)
In accordance with the authority provided by section 683.074 of the Transportation Code, as amended, the relocation of a junked vehicle or vehicle part that is a public nuisance to another location in the city after a proceeding for abatement and removal of the public nuisance has commenced by notice has no effect on the proceeding if the junked vehicle or vehicle part constitutes a public nuisance at the new location.
(Ordinance adopting Code)
(a) 
This article does not apply to a vehicle or vehicle part:
(1) 
That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) 
That is 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:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(b) 
As used in this section, words and terms shall be defined as follows:
Antique vehicle.
A passenger car or truck that is at least 25 years old.
Motor vehicle collector.
A person who:
(1) 
Owns one or more antique or special interest vehicles; and
(2) 
Acquires, collects, or disposes of an antique or special interest vehicle or vehicle parts for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Special interest vehicle.
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 adopting Code)
Any person who removes or alters in any way a junked vehicle sticker placed on any vehicle or boat within the city limits shall be deemed guilty of a misdemeanor for interference with the police department in the enforcement of its duties, and upon conviction thereof shall be punished by a fine of not less than $50.00 and not more than $2,000.00 due to the fact that junked vehicles have been declared as a health and safety issue for the city. Each and every day that this section is violated shall be held to be a separate and distinct offense.
(Ordinance 326DG adopted 2/10/15)