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;
(5) Is an
attractive nuisance creating a hazard to the health and safety of
minors;
(6) Produces
urban blight averse to the maintenance and continuing development
of municipalities; and
(Ordinance 08-534-10, § 1,
adopted 8/21/2008; Ordinance
17-633-13, § II(2), adopted 9/25/2017)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Antique vehicle
means a passenger car or truck that is at least 25 years
old.
Junked vehicle
means a vehicle that is self-propelled and:
(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:
1.
More than 72 consecutive hours, if the vehicle is on public
property; or
2.
More than 30 consecutive days, if the vehicle is on private
property.
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 08-534-10, § 2,
adopted 8/21/2008; Ordinance
17-633-13, § II(1), adopted 9/25/2017)
(a) Notice.
(1) Prior
to the abatement and removal of the public nuisance, the city shall
provide not less than ten day's written notice of violation of this
article. 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:
a. The
last known registered owner of the vehicle;
b. Each
lienholder of record of the vehicle; and
c. The
owner or occupant of:
1. The property on which the vehicle is located; or
2. If the vehicle is located on a public right-of-way, the property
adjacent to the right-of-way.
(2) The
notice must state that:
a. 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
b. Any
request for a hearing must be made before the ten-day period expires.
(3) If
the post office address of the last known registered owner of the
vehicle is unknown, notice may be placed on the vehicle or, if the
owner is located, personally delivered.
(4) 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.
(b) Request
for hearing.
If a hearing is requested by one or more persons to whom notice was provided, the person must send a written request to the mayor. The mayor will forward the request to the municipal court for a hearing to determine whether the vehicle or vehicle part is a public nuisance. The municipal court will notify the requestor and all persons entitled to notice under subsection
(a)(1) of this section of the date, location and time of the hearing. If the address of persons entitled to notice is not available, such notice may be otherwise delivered or posted in accordance with subsection
(a) of this section.
(1) The
hearing shall be conducted before the municipal court not less than
11 days after service of notice to abate the nuisance.
(2) Following
the hearing, if a public nuisance is found to exist, the municipal
court judge shall issue an order requiring the removal of the vehicle,
or part thereof, and shall state a time for such removal to be accomplished,
which in no event shall exceed ten days from the date of the hearing.
The order shall further state that if the vehicle or part thereof
is not removed within the time specified in the order, then the chief
of police or someone acting under his direction shall cause its removal.
The order shall include a description of the vehicle, or part thereof,
and the identification number and license number of the vehicle if
the information is available.
(c) No
hearing requested.
If no public hearing is requested as provided in this article, or if the notice is returned undelivered by the United States Post Office, the municipal court judge shall schedule a public hearing to receive testimony from the public and from city staff of the presence of a public nuisance. The municipal court will notify all persons entitled to notice under subsection
(a)(1) of this section of the date, location, and time of the hearing. Said hearing shall be conducted, and an order issued by the municipal court judge, in the same manner as provided under subsection
(b) of this section.
(d) Removal
by city.
If the vehicle, or part thereof, remains on
the property after its removal is ordered by the municipal court,
the chief of the police or his authorized agent shall cause the same
to be disposed of by removal to a scrapyard, demolisher, or a suitable
site in accordance with section V.T.C.A., Transportation Code § 683.078.
(e) No
reconstruction after removal.
A vehicle removed under
these procedures shall not be reconstructed or made operable after
it has been removed.
(f) Relocation.
The relocation of a vehicle that is a public nuisance to another
location within the city after the 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.
(g) Notice
to Texas Department of Transportation.
Notice shall be
given to the Texas Department of Transportation not later than the
5th day after the date of removal of the vehicle or vehicle part.
The notice must identify the vehicle or vehicle part.
(Ordinance 08-534-10, §§ 3—5,
adopted 8/21/2008; Ordinance
17-633-13, § II(4[a]), adopted 9/25/2017)
(a) A person
commits an offense if the person maintains a junked vehicle or vehicle
part in a manner declared a public nuisance.
(b) An offense under this article is a misdemeanor punishable as provided in section
1-13.
(c) Upon
conviction, the person will be ordered to abate and remove the nuisance.
(Ordinance 08-534-10, § 6,
adopted 8/21/2008; Ordinance
17-633-13, § II(3), adopted 9/25/2017)
This article does not apply to a vehicle or vehicle part:
(1) That
is completely enclosed, in a building in a lawful manner and is not
visible for 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 lawfully operated 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, and not stacked or arranged so that they are
not screened from ordinary public view;
c. Screened
from ordinary public view by appropriate means, including a fence,
rapidly growing trees or shrubbery, with the following requirements:
1. A
solid barrier fence that is at least six feet in height of a natural
or earth-tone color. If greater height is necessary to screen the
junked vehicles from ordinary public view, such is required; or
2. Planting
fast growing plants (shrubs, trees or reeds) which are well-maintained
and are kept at a height of a least six feet, except that where a
greater height is necessary to screen the junked vehicles from ordinary
public view, they will be maintained at that height.
(Ordinance 17-633-13, § II(4[b]),
adopted 9/25/2017)
The chief of police, the code enforcement officer or other regular
salaried, full-time employee of the city may enter private property
for the purposes specified in the procedures to examine a vehicle
or vehicle part, obtain information as to the identity and ownership
of the vehicle, and remove or request the removal of a vehicle or
vehicle part that constitutes a nuisance, except that any authorized
person may remove the nuisance, including a contractor hired by the
city. The municipal court or county court may issue orders necessary
to enforce this article.
(Ordinance 17-633-13, § II(5),
adopted 9/25/2017)
This article does not affect any law authorizing the immediate
removal, as an obstruction to traffic, of a vehicle left on public
property.
(Ordinance 17-633-13, § II(6),
adopted 9/25/2017)