Junked vehicle.
(1) 
The term "junked vehicle" means a vehicle that:
a. 
Is self-propelled; and
b. 
Is:
1. 
Wrecked, dismantled or partially dismantled, or discarded; or
2. 
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.
(2) 
For purposes of this article, the term "junked vehicle" includes a motor vehicle, aircraft, or watercraft. This article applies only to:
a. 
A motor vehicle that displays an expired license plate or does not display a license plate;
b. 
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 CFR 47; or
c. 
A watercraft that:
1. 
Does not have lawfully on board an unexpired certificate of number; and
2. 
Is not a watercraft described by V.T.C.A., Parks and Wildlife Code section 31.055.
(Ordinance 2011-07, sec. 1, adopted 7/19/2011)
A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year 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.
(Ordinance 2011-07, sec. 2, adopted 7/19/2011)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 12-147.
(b) 
The court shall order abatement and removal of the nuisance on conviction.
(Ordinance 2011-07, sec. 3, adopted 7/19/2011)
(a) 
The city hereby adopts the procedures established in subsection (b) of this section for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance.
(b) 
The procedures for abatement and removal of a public nuisance are as follows:
(1) 
Prohibit a vehicle from being reconstructed or made operable after removal;
(2) 
Require a public hearing on request of a person who receives notice as provided by section 12-150, if the request is made not later than the date by which the nuisance must be abated and removed; and
(3) 
Require that notice identifying the vehicle or part of the vehicle be given to the department not later than the fifth day after the date of removal.
(c) 
An appropriate court of the city or the county may issue necessary orders to enforce the procedures.
(d) 
Procedures for abatement and removal of a public nuisance shall be administered by regularly salaried, full-time employees of the city or county, except that any authorized person may remove the nuisance.
(e) 
A person authorized to administer the procedures may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.
(f) 
On receipt of notice of removal of a motor vehicle under subsection (b)(3) of this section, the state department of motor vehicles (the "department") shall immediately cancel the certificate of title issued for the vehicle.
(g) 
The relocation of a junked vehicle that is a public nuisance to another location in the city or county after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(h) 
On receipt of notice of removal of a watercraft under subsection (b)(3) of this section, the department shall notify the parks and wildlife department of the removal. On receipt of the notice from the department, the parks and wildlife department shall immediately cancel the certificate of title issued for the watercraft.
(Ordinance 2011-07, sec. 4, adopted 7/19/2011; Ordinance adopting 2025 Code)
(a) 
The procedures for the abatement and removal of a public nuisance under this section shall provide not less than ten days' notice of the nature of the nuisance. The notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service 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 day after the date on which the notice was personally delivered or mailed; and
(2) 
Any request for a hearing must be made before that ten-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 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.
(Ordinance 2011-07, sec. 5, adopted 7/19/2011)
(a) 
The city council, or the county or a board, commission, or official designated by the city shall conduct hearings under the procedures adopted under this section.
(b) 
If a hearing is requested by a person for whom notice is required under section 12-150(a)(3), the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(c) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include:
(1) 
For a motor vehicle, the vehicle's:
a. 
Description;
b. 
Vehicle identification number; and
c. 
License plate number;
(2) 
For an aircraft, the aircraft's:
a. 
Description; and
b. 
Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 CFR 47; and
(3) 
For a watercraft, the watercraft's:
a. 
Description; and
b. 
Identification number as set forth in the watercraft's certificate of number.
(Ordinance 2011-07, sec. 6, adopted 7/19/2011)
The city, by ordinance, may provide for an administrative adjudication process under which an administrative penalty may be imposed for the enforcement of an ordinance adopted under subchapter E of V.T.C.A., Transportation Code chapter 683 (V.T.C.A., Transportation Code section 683.071 et seq.). If the city provides for an administrative adjudication process under this section, the city shall use the procedure described by V.T.C.A., Local Government Code section 54.044.
(Ordinance 2011-07, sec. 7, adopted 7/19/2011)
(a) 
Procedures adopted under section 12-149 or 12-152 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;
b. 
Not a health hazard; and
c. 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(b) 
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Antique vehicle
means a passenger car or truck that is at least 25 years old.
Motor vehicle collector
means a person who:
(1) 
Owns one or more antique or special interest vehicles; and
(2) 
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.
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.
(Ordinance 2011-07, sec. 8, adopted 7/19/2011)
(a) 
Authorized disposal sites.
A junked vehicle, including a part of a junked vehicle, may be removed to a scrapyard, a motor vehicle demolisher, or a suitable site operated by the city or the county.
(b) 
Operation of disposal site by city or county.
The city or the county may operate a disposal site if its governing body determines that commercial disposition of junked vehicles is not available or is inadequate. The city or the county may:
(1) 
Finally dispose of a junked vehicle or vehicle part; or
(2) 
Transfer it to another disposal site if the disposal is scrap or salvage only.
(c) 
Authority to enforce.
The mayor is hereby authorized by the city to administer the procedures for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance, as established by this article, or contract with the county to administer such procedures; and therefore the mayor or any such county representative may request permission to enter private property for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The municipal court of the city, county court, or other court of competent jurisdiction may issue orders necessary to enforce the procedures in this article.
(d) 
Removal of vehicle as obstruction to traffic.
This article does not affect any law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property.
(Ordinance 2011-07, sec. 9, adopted 7/19/2011)