This article may be cited as the "Junked Vehicle Ordinance."
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-41)
The following definitions shall apply to this article:
A motor vehicle that is inoperable and more than five (5) years old and left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within this state for more than forty-eight (48) hours.
Repealed. (see Section 8.220)
The City of Brownfield, Texas.
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 personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
A person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.
An owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair or maintenance of a motor vehicle.
Means any vehicle that is self-propelled and:
A motor vehicle subject to registration under the Certificate of Title Act (Article 6687-I, Vernon's Texas Civil Statutes), except that for purposes of Section 5.02, 5.03, and 5.04 of this Act. "Motor vehicle" includes a motorboat, outboard motor, or vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code.
The department of public safety or the police department of the City of Brownfield acting under the general police power authority as vested in such department by its respective governing body.
A motor vehicle of any age that has not been altered or modified from original manufacturers' specifications and, because of its historic interest, is being preserved by hobbyists.
A garage, parking lot or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicles.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-42; Ordinance 1878 adopted 11/7/02)
(a)
The police department may take into custody an abandoned motor vehicle found on public or private property.
(b)
The police department may employ its own personnel, equipment and facilities or hire persons, equipment, and facilities to remove, preserve and store an abandoned motor vehicle it takes into custody.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-43)
(a)
The police department that takes into custody an abandoned motor vehicle shall notify, not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lien holders of record pursuant to the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes), or Chapter 81, Parks and Wildlife Code, that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeepers' charges if notice is under Section 8.207 of this article. The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b)
If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner or if it is impossible to determine with reasonable certainty the identity and addresses of all lien holders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this article. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail and shall have the same contents required for a notice by certified mail.
(c)
The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section.
(d)
The police department or an agent of the police department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for:
(1)
A period of not more than ten (10) days beginning on the day the department takes custody and continuing through the day the department mails notice as provided by this section; and
(2)
A period beginning on the day after the day the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-44)
(a)
If an abandoned motor vehicle has not been reclaimed as provided by Section 8.204 of this article, the police department that originally took custody of the abandoned motor vehicle may use that vehicle for police department purposes as provided by this section.
(b)
The police department may use the abandoned motor vehicle for police department purposes as long as the department considers it cost-effective. If the police department discontinues use of the abandoned motor vehicle, the department shall auction the vehicle as provided by Section 8.206 of this article.
(c)
This section does not apply to an abandoned motor vehicle with a garagekeeper's lien.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-45)
If an abandoned motor vehicle has not been reclaimed as provided by Section 8.204 of this article, the police department may use the abandoned motor vehicle for police department purposes as provided by Section 8.205 of this article or sell the vehicle at a public auction. Proper notice of the public auction shall be given and in the case of a garagekeeper's lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody and all notice and publication costs incurred under Section 8.204 of this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for ninety (90) days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing another abandoned vehicle in custody if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. The City of Brownfield may transfer the amount in the special fund that exceeds one thousand dollars ($1,000.00) from the special fund to the city's general revenue account to be used by the police department.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-46)
(a)
A motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice is given by registered or certified mail, return receipt requested, to the owner and to any lien holder of record under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes) to pick up the vehicle, or for more than ten (10) days after a period when under a contract the vehicle was to remain on the premises of the storage facility, or a motor vehicle left for more than ten (10) days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair is considered an abandoned vehicle and shall be reported by the garagekeeper to the police department. If the notice to the owner or a lien holder is returned by the post office unclaimed, notice by one publication in one newspaper of general circulation in the area in which the vehicle was left in storage is sufficient notice.
(b)
If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing, preservation, and notification charges and to reasonable storage fees in addition to storage fees earned pursuant to contract, for a maximum of five (5) days only until notification is mailed to the last known registered owner and all lien holders of record as provided by subsection (a) above. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the police department within forty-eight (48) hours after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.
(c)
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures provided by Section 8.203 of this article, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee as set forth in the fee schedule in the appendix of this code shall accompany the report of the garagekeeper to the police department. The fee shall be retained by the police department receiving the report and used to defray the cost of notification or other cost incurred in the disposition of an abandoned motor vehicle.
(d)
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by Section 8.204 of this article shall be taken into custody by the police department and used for police department purposes as provided by Section 8.205 of this article or sold in the manner provided by Section 8.206 of this article. The proceeds of a sale under this section shall first be applied to the garagekeeper's charges for servicing, storage, and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two (2) percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than ten dollars ($10.00). If the gross proceeds are less than ten dollars ($10.00), the department shall retain the ten dollars ($10.00) to defray expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with Section 8.206 of this article.
(e)
Except for the termination or limitation of claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a garagekeeper under the laws of this state.
(f)
A person charging fees under subsection (b) above commits an offense if the person charges a storage fee for a period of time not authorized by that subsection. An offense under this section shall be punished in accordance with the general penalty provision found in Section 1.109 of this code and each and every day this article is violated shall constitute a separate offense.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-47)
(a)
A person, firm, corporation or unit of government on whose property or in whose possession is found any abandoned motor vehicle and a person who is the owner of a motor vehicle whose title certificate is faulty, lost or destroyed may apply to the Texas Department of Transportation for authority to sell, give away or dispose of the vehicle to a demolisher. Nothing in this section may be construed as being in conflict with the provisions of Section 8.211 and Section 8.214 of this article. The application, except one submitted by a unit of government, shall be accompanied by a fee as set by the Texas Department of Transportation.
(b)
The application must set out the name and address of the applicant, the year, make, model and vehicle identification number of the motor vehicle, if ascertainable, together with any other identifying features, and must contain a concise statement of the facts surrounding the abandonment, a statement that the title of the motor vehicle is lost or destroyed, or a statement of the reasons for the defect of title in the owner. The applicant shall execute an affidavit stating that the facts alleged in the application are true and that no material fact has been withheld.
(c)
If the Texas Department of Transportation finds that the application is executed in proper form and shows that the motor vehicle has been abandoned on the property of the applicant or that the motor vehicle is not abandoned but that the applicant appears to be the rightful owner, the department shall follow the notification procedures as provided in the statutes of the State of Texas.
(d)
If an abandoned motor vehicle is not reclaimed in accordance with the statutes of the State of Texas, the Texas Department of Transportation, on notification of that fact by the applicant, shall issue the applicant a certificate of authority to sell the motor vehicle to a demolisher for demolition, wrecking or dismantling. A demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle.
(e)
A person in possession of an abandoned vehicle that was authorized to be towed in by a police department and that is more than eight (8) years old and has no engine or is otherwise totally inoperable may, on affidavit of that fact and approval of the police department, apply to the Texas Department of Transportation for a certificate of authority to dispose of the vehicle to a demolisher for demolition, wrecking or dismantling only.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-48)
(a)
A demolisher who purchases or otherwise acquires a motor vehicle to wreck, dismantle or demolish it shall obtain a valid certificate of title, sales receipt or transfer document under Section 8.206 and Section 8.211 of this article, respectively, or a certificate of authority from the person delivering the vehicle for demolition, but the demolisher is not required to obtain a certificate of title for the motor vehicle in the demolisher's name. On demand of the Texas Department of Transportation, the demolisher shall surrender for cancellation the certificate of title or authority. The Texas Department of Transportation shall issue such forms and rules governing the surrender of auction sales receipts and certificates of title as are appropriate. The Certificate of Title Act (article 6687-1, Vernon's Texas Civil Statutes) governs the cancellation of title of the motor vehicle.
(b)
A demolisher commits an offense if the demolisher fails to keep an accurate and complete record of a motor vehicle purchased or received in the course of business in the manner provided by this section. These records must contain the name and address of the person from whom each motor vehicle was purchased or received and the date of the purchase or receipt. The records shall be open for inspection by the Texas Department of Transportation or any police department at any time during normal business hours. A record required by this section must be kept by the demolisher for at least one year after the transaction to which it applies. A demolisher who commits an offense under this subsection shall be punished in accordance with the general penalty provision set forth in Section 1.109 of this code and each and every day this subsection is violated shall constitute a separate offense.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-49)
(a)
A junked vehicle that is located in a place where it is visible from a public place or public right-of-way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance.
(b)
Junked vehicles which are located on any property zoned for residential purposes under the zoning ordinances of 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 of Texas, and such vehicles are, therefore, declared to be a public nuisance.
(c)
It shall be unlawful for any individual, company or corporation to leave or permit to remain upon public or private property (except as herein provided) within the city any junked vehicle or parts or portion thereof for any period of time in excess of ten (10) days.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-50)
A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the city, town, or county for processing as scrap or salvage. The process of disposal must comply with the provisions of Section 8.214 of this article. The city may operate a disposal site if its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of the vehicles or vehicle parts, or the city may transfer the vehicles or vehicle parts to another disposal site if the disposal is only as scrap or salvage.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-51)
A person authorized by the city, town, or county to administer the procedures authorized by this article may 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. An appropriate court in a city, town, or county that enacts procedures under this article may issue orders necessary to enforce the procedures.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-52)
This article does not affect any law authorizing the immediate removal as an obstruction to traffic of a vehicle left on public property.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-53)
(a)
Notice; Hearing.
(1)
Those provisions of this article relating to the abatement of junked vehicles shall be enforced by the city manager or a person designated by the city manager to enforce this article notwithstanding any provisions in this article to the contrary. Whenever it is brought to the attention of the city manager that a nuisance as defined herein exists in the city, notice shall be given to the person or persons maintaining such nuisance. The notice must be delivered by personal delivery or by certified mail with a five-day return requested to:
(2)
The notice must state that:
(A)
The nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and
(B)
The recipient of the notice may request, in writing to the city manager, a public hearing within ten (10) days of receipt of the notice. Such hearing shall be held before the judge of the municipal court. At the hearing it shall be presumed that the vehicle is inoperable, unless otherwise demonstrated by the owner.
(3)
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.
(4)
If notice is returned undelivered by the postal service, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(b)
Hearing Before Municipal Judge.
(1)
If a hearing is requested, the municipal court judge will schedule a date and time for such hearing in the municipal court. After the hearing is held by the municipal judge, if the municipal judge finds that the junked vehicle is a nuisance, he shall order the owner or occupant of the premises upon which the vehicle is located to remove such vehicle within such time as may be determined by the municipal judge.
(2)
It shall be unlawful and a violation of this article for any such person to whom such order is given to fail or refuse to comply therewith and to remove such junked vehicle within the time provided by the order.
(c)
Duty of Owner or Occupant of the Premises.
In the event the owner or occupant of the premises does not request a hearing as hereinabove provided, it shall be his duty to comply with the provisions of the notice given him and to abate such nuisance within ten (10) days after the date of the receipt of such notice.
(d)
Vehicles Not to be Made Operable.
After a vehicle has been removed in accordance with or under the terms and provisions of this article, it shall not be reconstructed or made operative.
(e)
Notice to Texas Department of Transportation.
Notice shall be given to the Texas Department of Transportation within five (5) days after the date of removal identifying the vehicle or part thereof.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-54; Ordinance 1878 adopted 11/7/02; Ordinance 2147 adopted 5/16/2024)
The administration of this article shall be by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-55)
(a)
If the owner of the vehicle or other recipient of the notice provided in section 8.214 fails to appeal the notice to abate the nuisance, or following entry of an order by the municipal judge, the owner of the vehicle or the occupant of the premises where the vehicle is located has not complied with the requirements of the order, the city manager or his designee may remove or cause to be removed the vehicle which was the subject of the order.
(b)
Vehicles Not to be Made Operable.
After a vehicle has been removed by the city in accordance with or under the terms of this article, it shall not be reconstructed or made operative.
(c)
Notice to Texas Department of Transportation.
Notice shall be given to the Texas Department of Transportation within five (5) days after the date of removal identifying the vehicle or part thereof.
(Ordinance 1878 adopted 11/7/02; Ordinance 2147 adopted 5/16/2024)
When any junked vehicle has remained in the storage area provided in Section 8.211 hereof for not less than ten (10) days, it shall be the duty of the chief of police to dispose of same by removal to a scrap yard or by sale to a demolisher for the highest bid or offer received therefor or to remove same to any suitable site operated by the city for processing as scrap or salvage.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-57)
(a)
Out of the proceeds of same the chief of police shall pay for the cost of removal and storage and the balance, if any, shall be paid to the person entitled thereto (either owner or lien holder).
(b)
If there is not a bid or offer for the junked vehicle, the chief of police may dispose of same by causing it to be demolished or removed to a place provided by the city council or by permitting it to be removed by a demolisher who is willing to do so for the benefit of the junk or parts he can salvage.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-58)
(a)
Wherever the chief of police is charged with the enforcement of this article, he may delegate such authority to any regularly salaried employee of the police department of the city.
(b)
The relocation of a junked vehicle that is a public nuisance to another location within the corporate city limits after a proceeding for the abatement or 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.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-59; Ordinance adopting Code)
(a)
The procedures set forth in this article do not apply to a vehicle or vehicle part that:
(1)
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)
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:
(b)
In this section:
(1)
Antique Vehicle.
Means a passenger car or truck that is at least 25 years old.
(2)
Motor Vehicle Collector.
Means a person who:
(3)
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 1878 adopted 11/17/02)
Any person who shall violate the terms and provisions of this article shall upon conviction thereof be punished in accordance with the general penalty provision set forth in Section 1.109 of this code and each and every day this article is violated shall constitute a separate offense.
(1965 Code of Ordinances, Chapter 8, Article III, Section 8-61)