This article may be cited as the junk vehicle ordinance.
(Ordinance 11-17-2005, sec. 2, adopted 11/17/05)
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this article but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only, and shall not be used in the interpretation of this
article.
Demolisher.
Any person whose business is to convert the motor vehicle
into processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
Junked motor vehicle.
A vehicle that is self propelled and:
(1)
Displays an expired license plate or invalid motor vehicle inspection
certificate or does not display a license plate or 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 (72) consecutive hours, if the vehicle is on public
property; or
(ii)
Thirty (30) consecutive days, if the vehicle is on private property.
Officer.
Any person designated by the city council as authorized to
investigate and enforce suspected violations of city ordinances or
regulations. The term may include the chief of police, a police officer,
a city code enforcer, or another person so designated.
(Ordinance 11-17-2005, sec. 3, adopted 11/17/05; Ordinance adopting Code)
Junked vehicles, including parts of a junked vehicle, that are
visible at any time of the year from a public place or public right-of-way
are detrimental to the safety and welfare of the general public, tend
to reduce the value of private property, invite vandalism, create
fire hazards, constitute an attractive nuisance creating a hazard
to the health and safety of minors, and are detrimental to the economic
welfare of the state and city by producing urban blight which is adverse
to the maintenance and continuing development of the municipalities
in the state. As such, these vehicles are, therefore, declared to
be a public nuisance.
(Ordinance 11-17-2005, sec. 4, adopted 11/17/05)
It shall be unlawful for any person, individual, entity, company
or corporation to maintain, possess, or locate any junked vehicle
or parts or portion thereof within the city in violation of this article.
(Ordinance 11-17-2005, sec. 5, adopted 11/17/05)
(a) Any
person may file a complaint alleging the existence of a junked vehicle,
or part thereof, as a public nuisance in the city. The complaint must:
(2) Provide sufficient details about the alleged nuisance;
(3) Be signed by the complainant; and
(4) Be filed with the city secretary, municipal court clerk, police chief,
police officer, or city code enforcer.
(b) On
his/her own knowledge or on the basis of a written complaint, an officer
shall investigate the alleged existence of a junked vehicle, or part
thereof, on private or public property or a public right-of-way within
the city.
(c) The
officer may enter private property where the alleged junked vehicle,
or part thereof, is located in order to examine the public nuisance,
to obtain information to identify the nuisance, and to remove or direct
removal of the nuisance.
(Ordinance 11-17-2005, sec. 6, adopted 11/17/05)
(a) If
it is determined by the officer that a nuisance, as defined herein,
exists in the city, the officer shall give notice or cause notice
to be given in writing. The notice shall state the nature of the public
nuisance, that the nuisance must be removed and abated within ten
(10) days, and further that a request for a hearing must be made within
ten (10) days of receipt of the notice. The notice must be mailed,
by certified or registered mail, with a five (5) 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 tenth
(10th) day after the date on which the notice was mailed or personally
delivered; and
(2) Any request for a hearing must be made before that ten (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, personally delivered.
(d) If
the notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the eleventh (11th) day after
the date of the return.
(e) A
public hearing must be held, prior to the removal of the vehicle or
the part thereof as a public nuisance, before a municipal court judge,
when such hearing is requested by the owner or occupant of the premises
on which said vehicle is located, not earlier than the eleventh (11th)
day after service of notice to abate the nuisance. At a hearing, the
junked motor vehicle is presumed, unless demonstrated otherwise by
the owner, to be inoperable. 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:
(2) Vehicle identification number; and
(f) If,
after written notice has been given as described in this section,
and continuing through the hearing, the owner relocates the junked
vehicle, or a part thereof, to another location in the city or in
the county, the relocation has no effect on the hearing if the vehicle,
or a part thereof, constitutes a public nuisance at the new location.
(Ordinance 11-17-2005, sec. 7, adopted 11/17/05)
(a) After
the hearing is held by a municipal court judge as herein provided,
if the judge finds that such a nuisance as herein defined exists,
the judge shall order the owner or occupant of the premises on which
said vehicle is located to remove such junked vehicle within ten (10)
days after said order is given to such owner or occupant of the premises
on which said vehicle is located.
(b) It
shall be unlawful and a violation of this article for any such person
to whom such order is given to fail or refuse to comply therewith
[and] to remove such junked vehicle within the time provided by said
order.
(Ordinance 11-17-2005, sec. 8, adopted 11/17/05)
In the event the owner or occupant of the premises does not
request a hearing as herein provided, it shall be his duty to comply
with the provisions of the notice given him and to abate such nuisance
within ten (10) days after the date of the receipt of such notice.
(Ordinance 11-17-2005, sec. 9, adopted 11/17/05)
After a vehicle has been removed in accordance with or under
the terms and provisions of this article, it shall not be reconstructed
or made operable.
(Ordinance 11-17-2005, sec. 10,
adopted 11/17/05)
Notice shall be given by the officer to the state department
of transportation (TXDOT) within five (5) days after the date of removal,
identifying the vehicle or part thereof so removed.
(Ordinance 11-17-2005, sec. 11,
adopted 11/17/05)
(a) 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:
(A) Maintained in an orderly manner;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(b) As
used in this article:
(1) Antique vehicle.
A passenger car or truck that is at
least 25 years old.
(2) Motor vehicle collector.
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.
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 11-17-2005, sec. 12,
adopted 11/17/05)
The administration of this article shall be by regularly salaried,
full-time employees of the city, except that the removal of vehicles
or parts thereof from property may be by any other duly authorized
person, company, or entity. Investigations and enforcement actions
may be initiated under this article by any officer, without regard
to the officer’s payroll status, provided that officer is supervised
by a regularly salaried, full-time employee of the city.
(Ordinance 11-17-2005, sec. 13,
adopted 11/17/05)
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 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,
motor vehicle demolisher, or a suitable disposal site.
(Ordinance 11-17-2005, sec. 14,
adopted 11/17/05)
(a) Enforcement generally.
The city shall have the power
to administer and enforce provisions of this article as may be required
by governing law. Any person violating any provision of this article
is subject to suit for injunctive relief as well as prosecution for
criminal violations.
(b) Criminal penalty.
Any person violating any provision of this article shall, upon conviction, be fined in accordance with section
1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense.
(c) Civil penalty; other remedies.
Nothing in this article
shall be construed as a waiver of the city’s right to bring
a civil action to enforce the provisions of this article and to seek
remedies as allowed by law, including but not limited to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2) A civil penalty up to one hundred dollars ($100.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(Ordinance 11-17-2005, sec. 15,
adopted 11/17/05)