The city council may appoint an employee or independently contract
the services of a qualified individual to administer the regulations
in this division.
(Ordinance 04102018, art. II, sec.
1, adopted 4/10/18)
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:
(1) Does
not have lawfully attached to it:
(A) An unexpired license plate; and
(B) A valid 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) 72 consecutive hours, if the vehicle is on public property;
(ii)
30 consecutive days, if the vehicle is on private property.
(Ordinance 04102018, art. II, sec.
2, adopted 4/10/18)
(a) Junked
vehicles, including parts thereof, located in any place where they
are visible at any time of the year from a public place or public
right-of-way:
(1) Are detrimental to the safety and welfare of the general public;
(2) Tend to reduce the value of private property;
(5) Are an attractive nuisance creating a hazard to the health and safety
of minors;
(6) Produce urban blight adverse to the maintenance and continuing development
of the city; and
(b) A
person commits an offense if the person maintains a public nuisance
described by this section, punishable by a fine in accordance with
state law. Pursuant to Texas Transportation Code section 683.073(c),
the court shall order abatement and removal of the nuisance on conviction.
(Ordinance 04102018, art. II, sec.
3, adopted 4/10/18; Ordinance
adopting 2023 Code)
(a) The city has the authority to abate and remove a junked vehicle or part of a junked vehicle as a public nuisance from private or public property or a public right-of-way pursuant to Texas Transportation Code section 683.074. If, after notice is given, as set out in section
8.04.035, no request for a hearing is made and the owner or occupant of the premises does not abate the nuisance, a city-authorized agent shall go upon the premises and remove the junked vehicle or parts thereof.
(b) The
city’s duly authorized agent, who must be a full-time employee
of the city, 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.
(c) The
city’s authorized agent shall, within five days after the date
of removal of the junked vehicle, give the notice provided for pursuant
to Texas Transportation Code section 683.074 (identifying the vehicle
or part of the vehicle removed) to the state department of transportation.
(d) The
relocation of a junked vehicle that is a public nuisance to another
location in the city 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.
(Ordinance 04102018, art. II, sec.
4, adopted 4/10/18)
(a) Whenever any such public nuisance exists concerning a junked vehicle within the city in violation of section
8.04.033, the city’s authorized agent shall provide notice by either personal delivery or certified mail with a five-day return requested. Notice must be given 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 either:
(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) Such
notice shall be in writing and specify the public nuisance and its
location and 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 in writing to the city secretary
at his office at city hall 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:
(1) Placed on the nuisance; or
(2) 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 04102018, art. II, sec.
5, adopted 4/10/18)
After a public hearing is requested in the manner provided in section
8.04.035, the city secretary shall cause the notice to be forwarded to the mayor to be put upon the city council agenda for hearing. The hearing shall be held not earlier than the 11th day after the date of the service of notice. At the hearing, the junked motor vehicle is presumed, unless demonstrated by the owner, to be inoperable. The city council shall determine whether or not the junked motor vehicle, or parts thereof, constitutes a public nuisance and, after a hearing and ruling, shall, by resolution, make such orders as it deems proper. If the city council finds that the violation complained of does constitute a public nuisance, it shall order a city-authorized agent to remove same. This order shall include a description of the vehicle, or parts thereof, and the car identification and license number of the vehicle if available at the site. The order shall contain a provision that, after such vehicle has been removed, it shall not be reconstructed or made operable, and that it will become city property for removal and disposal. The order shall further state that the expense of the removal, in addition to a service charge as established from time to time by ordinance, shall be paid by the owner or occupant of such premises who requested the hearing.
(Ordinance 04102018, art. II, sec.
6, adopted 4/10/18)
(a) 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 the original manufacturer’s specifications and, because
of its historic interest, is being preserved by a hobbyist.
(b) This
division shall not apply to a vehicle or vehicle part:
(1) That is completely enclosed within 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 a 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.
(Ordinance 04102018, art. II, sec.
7, adopted 4/10/18)
Junked vehicles, or parts thereof, may be removed to a scrap
yard, a motor vehicle demolisher, or a suitable site operated by the
city.
(Ordinance 04102018, art. II, sec.
8, adopted 4/10/18)
(a) As
stated in this division, any person authorized by the city to administer
the provisions of this division may enter upon private property for
the purposes specified in this division:
(1) To examine vehicles or parts thereof;
(2) To obtain information as to the identity of vehicles; and
(3) To remove or direct the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this division.
(b) The
municipal court of the city shall have authority to issue all orders
necessary to enforce this division. The municipal court shall order
abatement and removal of the nuisance on conviction, and shall prohibit
a vehicle from being reconstructed or made operable after removal.
(Ordinance 04102018, art. II, sec.
9, adopted 4/10/18)
Nothing in this division shall affect statutes that permit immediate
removal of a vehicle left on public property that constitutes an obstruction
to traffic.
(Ordinance 04102018, art. II, sec.
10, adopted 4/10/18)
Any person authorized by the city to administer the provisions
of this division may enter upon private property for the purposes
specified herein 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 division. The municipal court shall have authority to conduct
hearings and to issue all orders necessary to enforce this division.
(Ordinance 04102018, art. II, sec.
11, adopted 4/10/18)
The city shall give notice to the state department of transportation
within five days after the date of removal identifying the vehicle
or part thereof. Said department shall forthwith cancel the certificate
of title to such vehicle pursuant to state law, as amended.
(Ordinance 04102018, art. II, sec.
12, adopted 4/10/18)
A citation may be issued should there be a violation of this
division and, upon conviction, and upon a finding of guilt, a fine
may be assessed in accordance with state law. Each day a violation
occurs shall be treated as a separate offense.
(Ordinance 04102018, art. III, adopted 4/10/18; Ordinance adopting 2023 Code)