For the purposes of this article:
Inspector
means the person designated in writing by the city manager to enforce and administer this article, or the inspector’s authorized representative.
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.
(Ordinance 838, sec. 1, adopted 1/14/84; Ordinance 1092, sec. 1, adopted 4/22/08; 1972 Code, sec. 15-16; Ordinance adopting 2023 Code)
Junked vehicles which are located on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, visible from a public place or public right-of-way, or on any public right-of-way or other public property, within the city, 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, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the state, and such vehicles are, therefore, declared to be a public nuisance.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-17)
The owner or occupant of any private property or public property and the owner or occupant of the premises adjacent to any public right-of-way in the city upon which there is located a junked vehicle, and any other person required to be notified under state law, shall be given written notice by certified or registered mail with a five-day return requested stating the nature of the nuisance and its location, and ordering that such junked vehicle be removed and the nuisance abated within ten (10) days. The notice shall further state that if a hearing as provided for hereinafter is desired, a request for such a hearing must be made within said ten-day period. If the owner or occupant of the premises fails or refuses to comply with the order of the inspector within the ten-day period after service thereof, the municipal court may issue an order authorizing the inspector to take possession of the junked motor vehicle and remove it. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return and after notice is published.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-18)
If there is a junked motor vehicle on public property, on private premises that are occupied or unoccupied, or on the public right-of-way adjacent to the occupied or unoccupied premises, and the owner or occupant of the premises cannot be found and notified to remove the vehicle, then, upon a showing of the facts to the judge of the municipal court, the court may issue an order to the inspector to have the vehicle removed, and the inspector shall take possession of the junked motor vehicle and remove it. If the notice required in section 8.04.003 is returned undelivered by the United States Postal Service, then after ten (10) days from the date of the return, and after notice is published, the court may issue an order to the inspector to have the junked motor vehicle removed, and the inspector shall take possession of the vehicle and remove it. The inspector shall thereafter dispose of the junked motor vehicle in the manner provided by the city, consistent with state law, and the vehicle shall not be reconstructed or made operable.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-19)
If the owner or occupant of the premises so desires, he may within the ten-day period after service of notice to abate the nuisance, request of the clerk of the municipal court of the city, either in person or in writing and without the requirement of bond, that a date and time be set when he may appear before the judge of the municipal court for a hearing to determine whether he is in violation of this article. If the owner or occupant of the premises requests a hearing within ten (10) days after service of notice to abate the nuisance, then the inspector shall not order the removal of the motor vehicle until ordered to do so by the judge of the municipal court. If the owner or occupant of the premises fails to either remove and abate the nuisance or to request a hearing within ten (10) days after service of notice to abate the nuisance, then the inspector may cause the removal of the junked motor vehicle or cause to be filed in municipal court a complaint for the violation of maintaining a public nuisance. If a person is found guilty of maintaining a public nuisance as defined in this article, the person shall be punished by a fine in accordance with state law and the court shall order removal and abatement of the nuisance. Any resolution or order requiring the removal of a junked vehicle or a part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle if available at the site.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-20; Ordinance adopting 2023 Code)
The judge of the municipal court shall hear any case brought before the court, as set out herein, and shall determine whether the defendant is, in fact, in violation of this article. Upon a finding the defendant is in violation of this article, such defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with state law. The judge of the court shall further order the defendant to remove and abate such nuisance within ten (10) days, the same being a reasonable time. If the defendant shall fail and refuse, within ten (10) days, to abate or remove the nuisance, the judge of the municipal court may issue an order to the inspector to have the same removed and the inspector shall take possession of such junked motor vehicle and remove it from the premises. Each day that such nuisance shall continue after the time of abatement as herein set out shall constitute a separate offense. The inspector shall thereafter dispose of such motor vehicle in such manner as the city may provide, consistent with state law, and such vehicle shall not be reconstructed or made operable.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-21; Ordinance adopting 2023 Code)
If, within ten (10) days after receipt of notice from the inspector to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the inspector for removal of the junked motor vehicle, the inspector is authorized to accept such permission and to withdraw and not pursue a criminal complaint based on such junked motor vehicle.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-22)
Within five (5) days after the date of the removal of any junked vehicle under the authority of this article, notice of such removal shall be given to the state department of transportation identifying the vehicle or part thereof.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-24)
(a) 
This article shall not apply to (i) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property, or (ii) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or (iii) an unlicensed operable or inoperable antique vehicle or special interest vehicle stored by a collector on his property, provided that such vehicle and the outdoor storage areas are maintained in such a manner 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.
(b) 
The provisions of this article shall not apply to:
(1) 
Any motor vehicle in operable condition specifically adapted or constructed for racing or operation on privately owned drag strips or raceways.
(2) 
Any motor vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
(c) 
For the purposes of this section:
(1) 
Antique vehicle
means passenger cars or trucks that were manufactured in 1942 or before, or that are at least thirty-five (35) or more years old.
(2) 
Special interest vehicle
means a motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.
(3) 
Collector
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 his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-25)
This article shall be administered by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be made by any person duly authorized by the city.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-26)
The inspector or his agent may enter upon private property for the purposes specified in this article to examine vehicles or parts thereof, 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. The municipal court of the city shall have authority to issue all orders necessary to enforce this article.
(Ordinance 838, sec. 1, adopted 1/14/84; 1972 Code, sec. 15-28)