Means the police department of the City of Tahoka, Texas.
Means a person whose business is to convert a motor vehicle
into processed scrap or scrap metal or to otherwise wreck or dismantle
a motor vehicle.
Means a vehicle that is self propelled and:
Means a motor vehicle subject to registration under the Certificate
of Title Act (Article 6687-1, Vernon's Texas Civil Statutes).
Means a passenger car or truck that is at least 25 years
old.
Means a motor vehicle of any age that has not been altered
or modified from original manufacturer's specifications and, because
of its historic interest, is being preserved by hobbyists.
Means the owner of one or more antique or special interest
vehicles who collects, purchases, acquires, trades, or disposes of
special interest or antique vehicles or parts of them for personal
use in order to restore, preserve, and maintain an antique or special
interest vehicle for historic interest.
(Ordinance adopting Code)
(a)
A junked
vehicle that is located in a place where it is visible from a public
place or public right-of-way is detrimental to the safety and welfare
of the general public, tends to reduce the value of private property,
invites vandalism, creates fire hazards, constitutes an attractive
nuisance creating a hazard to the health and safety of minors, and
is detrimental to the economic welfare of the city by producing urban
blight adverse to the maintenance and continuing development of the
city, and is a public nuisance.
(b)
A person
commits an offense if that person maintains a public nuisance as determined
under this section.
(Ordinance adopting Code)
To provide for the abatement and removal of a junked vehicle
or a part of a junked vehicle as a public nuisance, from private property,
public property, or public rights-of-way, the City of Tahoka adopts
the following procedures:
(1)
For
a nuisance on private property, not less than ten (10) days' notice,
stating the nature of the public nuisance on private property must
be given. The notice must require that the public nuisance be removed
and abated within ten (10) days, and that a request for a hearing
must be made before expiration of the ten day period. The notice must
be mailed, by Certified Mail with a five day return requested, to
the last known registered owner of the junked motor vehicle, any lien
holder of record, and to the owner or occupant of the private premises
on which the public nuisance exists.
(2)
For
a nuisance on public property, not less than ten (10) days' notice,
stating the nature of the public nuisance on public property or on
a public right-of-way, must be given. The notice shall require that
the nuisance be removed and abated within ten (10) days, and that
a request for a hearing must be made before expiration of the ten
day period. The notice must be mailed, by Certified Mail with a five
day return requested, to the last known registered owner of the junked
motor vehicle, any lien holder of record, and to the owner or occupant
of the public premises or to the owner or occupant of the premises
adjacent to the public right-of-way on which the public nuisance exists.
(3)
If
the post office address of the last known registered owner of the
motor vehicle is unknown, notice to the last known registered owner
may be placed on the motor vehicle, or, if the last known registered
owner is physically located, the notice may be hand-delivered. 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 (10) days after the date of the return.
(4)
Vehicles
removed under the provisions of this section may not be reconstructed
or made operable after they have been removed.
(5)
A public
hearing must be held before the removal of the vehicle or vehicle
part as a public nuisance. The hearing shall be held before the judge
of the municipal court if 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 the vehicle is located,
within ten (10) days after service of notice to abate the nuisance.
At the hearing, it is presumed, unless demonstrated otherwise by the
owner, that the vehicle is inoperable. An order requiring the removal
of the vehicle or vehicle part must include a description of the vehicle
or vehicle part and the correct identification number and license
number of the vehicle, if the information is available at the site.
(6)
Notice
must be given to the State Department of Highways and Public Transportation
not later than the fifth day after the date of removal of a junked
vehicle or vehicle part. The notice must identify the vehicle or vehicle
part.
(7)
These
procedures may not apply to a vehicle or vehicle part that is completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property, a vehicle or
vehicle part that is stored or parked in a lawful manner on private
property in connection with the business of a licensed vehicle dealer
or junk yard, or an unlicensed, operable, or inoperable antique or
special interest vehicle stored by a collector on the collector's
property, if the vehicle and the outdoor storage area are maintained
in a manner so 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.
(8)
The
procedures of this section shall be administered by regularly salaried,
full-time employees of the City of Tahoka, except that the removal
of a vehicle or vehicle part from property may be by any duly authorized
person.
(Ordinance adopting Code)
A junked vehicle or vehicle part may be disposed of by removal
to a scrap yard, demolisher, or any suitable site operated by the
city for processing scrap or salvage.
(Ordinance adopting Code)
A person authorized by the City of Tahoka to administer the
procedures authorized by this article may enter private property for
the purposes specified in this article to examine a vehicle or vehicle
part, obtain information as to identity of the vehicle, and remove
or cause removal of a vehicle or vehicle part that constitutes a nuisance
as defined herein. The municipal court may issue orders necessary
to enforce the procedures of this article. If the owner or occupant
of the premises or the owner of the junked motor vehicle or vehicle
part shall give written permission to the chief of police for removal
of the junked motor vehicle or vehicle part, the giving of such permission
shall be considered compliance with the provisions of this article
if given within the ten (10) days after receipt of the notice.
(Ordinance adopting Code)
A person who commits an offense under this article is, upon conviction, subject to a fine as provided for in the general penalty provision found in Section 1.109 of this code, dollars for each offense, and each and every day such violation continues shall be deemed to constitute a separate offense. Upon conviction, the court shall order removal and abatement of the nuisance. The provisions of this article are cumulative of all other remedies available to the city. This article does not affect a law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property.
(Ordinance adopting Code)
