The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Junked motor vehicle
means a motor vehicle as defined in Vernon's Ann. Civ. St. art. 6701d-11:
(1) 
That is inoperative; and
(2) 
That does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of more than 45 days.
Owner or occupant of premises
means any individual, firm, partnership, association, corporation, company or organization of any kind.
(Code 1972, § 12-32; Ordinance 747, § 1, 10-14-86)
The chief of police and the code enforcement officer are authorized to administer the provisions of this article and may enter upon private property during reasonable hours to examine vehicles or parts thereof, obtain information as to the identity of vehicles or parts thereof, 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 shall have authority to issue all orders necessary to enforce this article.
(Code 1972, § 12-33)
(a) 
Junked vehicles which are located in any place where they are visible from a public place or a 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, 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 community, and such vehicles are, therefore, declared to be a public nuisance.
(b) 
The provisions of this section shall 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 junkyard, 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.
(Code 1972, § 12-34)
(a) 
Whenever any public nuisance defined by this division exists within the city, the chief of police or the code enforcement officer shall give notice of such public nuisance, which notice shall require abatement or removal of the nuisance.
(b) 
For a nuisance on private property, the notification shall provide ten days' notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten 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 lienholder of record, and to the owner or occupant of the private premises on which the public nuisance exists. 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 days after the date of the return.
(c) 
For a nuisance on public property, the notification shall provide ten days' notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten 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 lienholder 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. 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 days after the date of the return.
(d) 
The notification shall be in writing and include a description of the vehicle and the correct identification number and license number of the vehicle, if available, at the site.
(Code 1972, § 12-35)
A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the city council, if a hearing is 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 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. If the decision of the council is that the vehicle or vehicle part is deemed a public nuisance and a disposition agreement with the owner or occupant can not be reached, the council will cause the municipal court to issue an order for removal of the vehicle or vehicle part. An order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.
(Code 1972, § 12-36)
Junked vehicles or parts thereto declared a public nuisance by this article, may be removed from the premises by the owner or occupant of the premises at his own expense, provided the vehicle or parts thereof are disposed of at a licensed vehicle dealer or a junkyard. The city sanitary fill is not an authorized disposal area for junked vehicles.
(Code 1972, § 12-37)
If the owner or the occupant of the premises fails to comply with the notification given him by the chief of police or the code enforcement officer pursuant to this division, the municipal court shall have the authority to issue all orders necessary to have the junked vehicle removed from the premises by an authorized demolisher.
(Code 1972, § 12-38)
If, within ten days after receipt of notice from the chief of police or the code enforcement officer to remove or abate a nuisance under this division, the owner or occupant gives his written permission to the chief of police or the code enforcement officer for removal of the junked vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this division.
(Code 1972, § 12-39)
(a) 
A junked vehicle which is removed from public or private property by authority of this division and which is disposed of to a demolisher shall be transferred to such demolisher on state department of transportation form #MVD 71-5. The transfer receipt shall stipulate the disposition of the vehicle for demolition only, and must contain a complete description of the vehicle, including the license number, if ascertainable, and must make reference to this article as authority under which transfer is made. The transfer receipt shall specifically stipulate that the vehicle being transferred shall not be reconstructed or made operable.
(b) 
In addition, state department of transportation form #MVD 71-4 shall be used to notify the state department of transportation, within five days of the date or removal of the junked vehicle. Such notification shall contain the complete identification of the vehicle or part thereof, and the license number of the vehicle, if available. A copy of this division must be attached to the notification of abatement and removal of a junked vehicle, or a copy of this division must be on file with the state department of transportation. The department shall immediately cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act (Vernon's Ann. Civ. St. art. 6687-1).
(Code 1972, § 12-40)