These rules and regulations shall be known and cited as the junked vehicle ordinance of the city.
(Ordinance 20021209-01, sec. 1, adopted 12/9/02)
This article is prepared under the authority of chapter 683, subchapter E, Texas Transportation Code, of the state, to promote health, safety, morals, and the general welfare of the community.
(Ordinance 20021209-01, sec. 2, adopted 12/9/02)
The following rules, regulations and procedures are determined by the city council as absolutely essential and necessary to promote the public health, welfare, safety, morals and general welfare of the city.
(Ordinance 20021209-01, sec. 3, adopted 12/9/02)
(a) 
Purpose.
The purpose of this article is to promote the health, safety, and general welfare of the community at large.
(b) 
Intent.
In order to implement the purpose of these regulations, it is the city’s intent to provide in these regulations reasonable means toward the end result that the citizens of the city will live in a safe, healthy community.
(Ordinance 20021209-01, sec. 4, adopted 12/9/02)
(a) 
Administrative official.
The mayor, or his or her designee, is hereby designated by the city council as the administrative official to supervise the administration and enforcement of this article. If the administrative official finds that any of the provisions of this article are being violated, the administrative official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(b) 
Violations; penalty.
The owner or general agent of a junked vehicle, or of a building, premises, lot, parcel, or tract where a violation of any provision of the regulations of this article has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than one dollar ($1.00) or not more than two hundred dollars ($200.00) for each offense, and each day any violation or noncompliance continues shall constitute a separate and distinct offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violation of this article. The city shall have the right to institute any appropriate action or proceedings in an appropriate court of competent jurisdiction to restrain or enjoin the violation of this article.
(c) 
Interpretation and appeals.
It is the intent of this article that all questions of interpretation and enforcement shall be first determined by the administrative official, and that such questions shall be presented to the city council on appeal from the decision of the administrative official, if necessary.
(Ordinance 20021209-01, sec. 5, adopted 12/9/02)
For the purpose of this article, certain terms and words are defined and shall have the meanings ascribed in this article, unless it is apparent from the context that different meanings are intended.
Administrative official.
The mayor or other designated authority charged with the administration and enforcement of this article, or his or her duly authorized representative.
City council.
The city council of the City of Calvert, Texas.
County.
The County of Robertson, Texas.
Junked vehicle.
A vehicle that:
(1) 
Is self-propelled; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
72 consecutive hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(1)
A motor vehicle that displays an expired license plate or does not display a license plate;
(2)
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
(3)
A watercraft that:
 
(A)
Does not have lawfully on board an unexpired certificate of number; and
 
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
Lot.
Any portion, piece, or parcel of real property within the city limits.
Owner.
The record owner, whether one or more persons or entities, of the fee simple title to a lot.
(Ordinance 20021209-01, sec. 6, adopted 12/9/02; Ordinance adopting Code)
(a) 
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 public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is 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.
(b) 
A person commits an offense if the person maintains a public nuisance as described above. It shall be unlawful for any person to knowingly or intentionally interfere with or prevent the physical impounding of any junked vehicle.
(a) 
The procedures for the abatement and removal of a public nuisance under this article must provide not less than 10 days’ notice of the nature of the nuisance and must be sent by certified mail with a five-day return requested 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 10th day after the date on which the notice was mailed; and
(2) 
Any request for a hearing must be made before that 10-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, hand delivered.
(d) 
If 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.
(a) 
If a hearing is requested by a person for whom notice is required, the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(b) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(c) 
If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicle’s:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(a) 
Procedures under this article shall 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, 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.
(i) 
A fence must extend a minimum of 6 inches above the highest point of any vehicle or part of vehicle being stored;
(ii) 
The fence must provide complete visual obscurity at eye level by being either solid or composed of slats or battens that cover the entire height of the fence;
(iii) 
The fence must be maintained in a complete and orderly manner;
(iv) 
Trees or shrubbery must provide complete visual obscurity at eye level, from ground level to a point no lower than 6 inches above the highest point of any vehicle or part of vehicle being stored, after a period of three years from the date of enactment of this section or after the development of a new storage area;
(v) 
Trees or shrubbery must provide 80-90% visual obscurity at eye level, from ground level to a point no lower than 6 inches below the highest point of any vehicle or part of vehicle being stored, after a period of two years from the date of enactment of this section or after the development of a new storage area;
(vi) 
Trees or shrubbery must provide 60-75% visual obscurity at eye level, from ground level to a point no lower than one (1) foot below the highest point of any vehicle or part of vehicle being stored, after a period of one year from the date of enactment of this section or after the development of a new storage area; and
(vii) 
Trees or shrubbery must provide 50% visual obscurity at eye level, from ground level to a point no lower than two (2) feet below the highest point of any vehicle or part of vehicle being stored, after a period of 180 days from the date of enactment of this section or after the development of or identification of a new vehicle storage area.
(b) 
In this section:
(1) 
“Antique vehicle” means a passenger car or truck that is at least 35 years old.
(2) 
“Motor vehicle collector” means a person who:
(A) 
Owns one or more antique or special interest vehicles; and
(B) 
Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
(3) 
“Special interest vehicle” means 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.
A junked vehicle, including a part of a junked vehicle, may be removed to a scrap yard, a motor vehicle demolisher, or a suitable site operated by the city or county.
(Ordinance 20021209-01, sec. 7, adopted 12/9/02)