(1977 Code, secs. 10-111 through 10-11-114;
Secs. 10-116 through 10-123; Ordinance 89-05 adopted 3/21/89; Ordinance
adopting 2004 Code; Ordinance adopting 2013 Code)
[1]
Editor’s note–Former article pertaining
to junked vehicles, was amended in its entirety by Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.
Words and phrases used in this article shall have the meanings
set forth in this section.
A passenger car or truck that is at least 25 years old.
The City of Tulia, Texas, an incorporated municipality located
in Swisher County, Texas.
The elected city council of the City of Tulia, Texas.
The city's code enforcement officer or any person designated
by the city council as authorized to investigate and enforce suspected
violations of city ordinances or regulations.
Any person whose business is to convert the motor vehicle
into processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
A vehicle that:
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(1)
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Is self-propelled; and
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(2)
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Is:
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(A)
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Wrecked, dismantled or partially dismantled, or discarded; or
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(B)
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Inoperable and has remained inoperable for more than:
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(i)
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72 consecutive hours, if the vehicle is on public property;
or
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(ii)
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30 consecutive days, if the vehicle is on private property.
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For purposes of this article, "junked vehicle" includes a motor
vehicle, aircraft, or watercraft. This article applies only to:
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(1)
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A motor vehicle that displays an expired license plate or does
not display a license plate;
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(2)
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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
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(3)
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A watercraft that:
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(A)
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Does not have lawfully on board an unexpired certificate of
number; and
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(B)
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Is not a watercraft described by section 31.055, Parks and Wildlife
Code.
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A person who:
The municipal court of the city.
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 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
Junked vehicles, including parts of a junked vehicle, which
are located in any place where they are visible from a public place
or public right-of-way are detrimental to the safety and welfare of
the general public, tending to reduce the value of private property,
to invite vandalism, to create fire hazards, and to constitute an
attractive nuisance creating a hazard to the health and safety of
minors, and are detrimental to the economic welfare of the city by
producing urban blight which is adverse to the maintenance and continuing
development of the city, and such vehicles are, therefore, declared
to be a public nuisance.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
It shall be unlawful for any person, individual, company or
corporation to maintain, possess, or locate any junked vehicle, or
parts or portions thereof, within the city in violation of this article.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
(a)
The city is hereby authorized to administer the provisions of
this article and, for that purpose, to determine the existence of
junked vehicles as nuisances, may enter upon private property 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 to this article.
(b)
The municipal court shall have authority to issue all orders
necessary to enforce this article.
(c)
When the city has determined that any motor vehicle, or part
thereof, is a junked vehicle, then it shall further determine the
name of the owner thereof, if such ownership information is available,
and shall determine the name of the owner or occupant of the premises
on which the vehicle is located, if it is on private property.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
(a)
The city shall give notice to the owner of the junked vehicle,
if the ownership thereof has been determined, and shall give notice
to the owner or occupant of the premises on which the vehicle is located,
if it is on private property, as follows:
(1)
Such notice shall state the nature of the public nuisance.
(2)
Such notice shall inform the owner of the vehicle, or the owner
or occupant of the premises, as may be applicable, that such public
nuisance must be removed and abated within such period of time, not
less than ten (10) days, as shall be specified in such notice. In
all cases where the alleged public nuisance is located on private
property, the notice shall be given to the owner or occupant of such
premises, and the notice to the owner of the vehicle shall be in addition
thereto when such ownership has been determined.
(3)
Such notice shall inform such owner or occupant that, if he
shall fail to remove or abate the public nuisance within the time
so specified, then such public nuisance will thereupon be removed
or abated by official public action, pursuant to the terms of this
article.
(4)
Such notice shall be mailed to the last known registered owner
of the vehicle, to any lienholder of record, and to the owner or occupant
of the premises on which the vehicle is located, by certified mail
with a five-day return requested. 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.
(5)
Such notice shall specify that the person so notified shall
be entitled to a public hearing on the question of whether or not
such vehicle, or part thereof, is a public nuisance subject to abatement,
if the person so notified shall request such public hearing within
ten (10) days from the date of mailing the notice. Such request for
public hearing may be made in person at the office of the code enforcement
officer or may be mailed to the code enforcement officer; but, if
mailed, proof of such mailing may be made only by delivery or by registered
or certified mail receipt. If a public hearing is requested, such
hearing shall be scheduled and held pursuant to the provisions of
this article, and notice of such public hearing shall be transmitted
to the owner or occupant by registered or certified mail, not less
than ten (10) days before the date of such public hearing.
(b)
If the owner of the junked vehicle or the owner or occupant
of the premises on which it is located shall, within ten (10) days
of the mailing of the notice provided for in this section, give notice
in the manner specified in this section that a public hearing is requested,
then such public hearing shall be held in accordance with the following:
(1)
Such public hearing shall be held before the municipal court
judge.
(2)
Notice of the date, time and place of the hearing shall be given
by certified mail addressed to the owner or occupant entitled thereto
at the address given by him in his request for such public hearing,
such notice to be mailed not less than ten (10) days before the date
of such hearing.
(3)
The issue for determination at such hearing shall be whether
the alleged junked vehicle is a public nuisance, as defined in this
article and by state law. The burden of proof shall be on the city
to prove the existence of such public nuisance, by preponderance of
the evidence, in accordance with procedural and evidentiary rules
obtaining in administrative hearings in the state.
(4)
If the public hearing shall result in a finding that the alleged
junked vehicle is a public nuisance, as defined in this article and
by state law, the hearing body shall enter its order or resolution
so declaring, and directing the abatement or removal of such public
nuisance, either by the owner or occupant, or by public action by
or under the direction of the city. Such order or resolution shall
include a description of the vehicle and the correct identification
number and license number of the vehicle, if available.
(c)
If, upon notice as provided in this section, the owner or occupant,
as applicable, shall fail or refuse to abate or remove such public
nuisance, or if after a finding of public nuisance at the public hearing
provided for in this section the owner or occupant shall fail or refuse
to abate or remove such public nuisance, then the city shall abate
and remove such public nuisance in accordance with the procedures
established in this article.
(d)
After a junked vehicle has been removed by public action pursuant
to the provisions of this section, it shall in every instance be demolished
as scrap or salvage, and it shall not be reconstructed or made operable.
(e)
After a vehicle has been removed by public action pursuant to
the provisions of this section, then, within five (5) days after such
removal, the city shall give notice thereof to the state department
of transportation, identifying such vehicle or part thereof, in order
that the certificate of title thereto may be cancelled, pursuant to
Transportation Code section 683.074.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
(a)
Within ten (10) days after notice has been delivered to the
owner or occupant of the premises on which a junked vehicle is located
if a hearing is not requested, or if a hearing is requested, within
ten (10) days after an order requiring the removal of such junked
vehicle has been served upon or delivered to the owner or occupant
of the premises on which said vehicle is located, the code enforcement
officer may, if said nuisance has not been abated, remove or cause
to be removed the vehicle which was the subject of such notice to
a scrap yard, or by the sale to a demolisher for the highest bid or
offer received therefor, outside of the city.
(b)
Such vehicle shall be stored in such storage area for a period
of not less than ten (10) days during which period any party owning
or claiming any right, title or interest therein shall be entitled
to claim possession of same by the payment to the city the actual
cost to the city of abating such nuisance.
(c)
If there is not a bid or offer for the junked vehicle, the code
enforcement officer may dispose of same by causing it to be demolished
or removed by a demolisher who is willing to do so for the benefit
of the junk or parts he can salvage.
(d)
Out of the proceeds of same the code enforcement officer shall
pay for the cost of removal and storage and the balance, if any, shall
be paid to the person entitled thereto (the city, the owner or lienholder).
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
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
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:
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
This article shall be administered by regularly salaried, full-time
employees of the city as designated by the city council, except that
the removal of a vehicle from property may be performed by any authorized
person. Investigations and enforcement actions may be initiated under
this article by the code enforcement officer or his designee. A person
authorized by the city to administer the procedures of this article
may enter private property for the purposes specified in the procedures
of section 683.074(e), Texas Transportation Code, to examine a vehicle,
obtain information as to the identity of the vehicle, and remove or
cause the removal of a vehicle that constitutes a nuisance. The municipal
court may issue orders necessary to enforce the procedures of this
article.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
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 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
(a)
A person commits an offense if the person maintains a public
nuisance described in this article.
(b)
An offense under this section is a misdemeanor punishable by
a fine of not more than two hundred dollars ($200.00).
(c)
Each day a violation occurs is a separate offense.
(d)
The court shall order abatement and removal of the nuisance
if the defendant is convicted of an offense under this section.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
The provisions of this article shall be cumulative of ordinances
of the city, and nothing herein shall be construed as repealing other
ordinances pertaining to abandoned vehicles and junked machinery and
motor vehicles.
(Ordinance 2019-01 adopted 1/8/2019. See beginning of this article for full
history of article.)
