[1]
Editor's note—Former Art. III pertained to similar subject matter and derived from Ordinance 3089, adopted 4/20/1978; Ordinance 3403, adopted 12/6/1970; Ordinance 4731, adopted 7/18/1985; and Ordinance 5853, adopted 9/6/1990.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Antique vehicle.
A passenger car or truck that is at least twenty-five (25) years old.
City.
The City of Irving or its designated representative, including the city manager, chief of police, code enforcement director, building official, and fire chief.
Director.
The director of the department designated by the city manager to enforce and administer this article or the director's authorized representative.
Junked vehicle.
For purposes of this article, "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 more than:
1. 
Seventy-two (72) consecutive hours, if the vehicle is on public property; or
2. 
Thirty (30) consecutive days, if the vehicle is on private property.
Motor vehicle or vehicle.
Any vehicle required to be registered under the laws of this state.
Motor vehicle collector.
Any person who owns one or more antique or special interest vehicles and acquires, collects, or disposes of an antique or special interest vehicle or a part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Motor vehicle demolisher.
Any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
Special interest vehicle.
(1) 
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; or
(2) 
Any motor vehicle in operable condition specifically constructed for racing or operation on privately owned drag strips or race strips; or
(3) 
Any motor vehicle stored as property of a member of the armed forces of the United States while on active duty assignment.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
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 is detrimental to the safety and welfare of the public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the City of Irving, and is a public nuisance. A vehicle covered by a cloth or tarp is considered visible if the cloth or tarp can be seen from a public place or public right-of-way.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
This article shall not apply to:
(1) 
A vehicle or vehicle part that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property;
(2) 
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 a junkyard; or
(3) 
An antique or special interest vehicle stored or parked in a lawful manner by a motor vehicle collector on the collector's property, if the vehicle 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.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
The provisions of this article shall be administered by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts therefrom may be made by any other duly authorized agent.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
The director may enter upon any private property for the purposes specified in this article, to examine vehicles or parts thereof, 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 article. If the director reasonably believes that a vehicle is inoperable, the director may request that the owner or person claiming control of the vehicle demonstrate that the vehicle is operable. The municipal judge of the municipal court of the city shall have authority to issue all orders necessary to enforce such procedures.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
(a) 
Whenever any such junked vehicle is found on private property, on public property, or on a public right-of-way within the city limits, the director shall provide notice of the nuisance to the following persons at the addresses as shown on city tax rolls or as last recorded with the United States Post Office:
(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 required notices must be written and must be personally served, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation.
(c) 
A copy of the notice also may be placed on the junked vehicle or vehicle part if the post office address of the last known registered owner of the nuisance is unknown.
(d) 
The notice must:
(1) 
Declare the junked vehicle or vehicle part a public nuisance;
(2) 
Describe the junked vehicle, including its identification number and license plate number if possible;
(3) 
Identify the location of the junked vehicle;
(4) 
Order that the nuisance be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; and
(5) 
State that any request for a hearing must be made to the clerk of the municipal court within ten (10) days of the date on which the notice was personally delivered or mailed.
(e) 
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
(a) 
If the last known registered owner of the junked vehicle or vehicle part, lienholder of the junked vehicle or vehicle part, the record owner or occupant of the property on which the nuisance is located, or the record owner or occupant of the property adjacent to the public right-of-way if the nuisance is located on the public right-of-way fails to abate and remove the junked vehicle or vehicle part not later than the tenth day after the day on which the notice was personally delivered or mailed, the director may take possession of the junked vehicle or vehicle parts, remove it from the property and dispose of it and also file in municipal court a complaint for violation of maintaining a public nuisance. The judge of the municipal court of the City of Irving shall have authority to issue all orders necessary to enforce such procedures.
(b) 
The relocation of the junked vehicle or vehicle part to another location in the city after the notice described in section 19-22 is sent has no effect on the proceeding if the junked vehicle or vehicle part constitutes a public nuisance at the new location.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
(a) 
If there is a junked vehicle or vehicle part on private property, on public property, or on a public right-of-way within the city limits and the last known registered owner of the junked vehicle or vehicle part, lienholder of the junked vehicle or vehicle part, the record owner or occupant of the property on which the nuisance is located, or the record owner or occupant of the property adjacent to the public right-of-way if the nuisance is located on the public right-of-way cannot be found and notified to remove the vehicle or vehicle parts and abate the nuisance, then upon a showing of the facts to the judge of the municipal court, the court may issue an order to the director to take possession of the junked vehicle or vehicle parts, remove it from the property and dispose of it.
(b) 
If the notice required in section 19-22 is returned undeliverable by the United States post office, then after ten (10) days from the date of the return, the municipal court may issue an order to the director to take possession of the junked vehicle or vehicle parts, remove it from the property and dispose of it.
(c) 
The director, after receiving the order, shall take possession of the junked vehicle or vehicle parts, remove it from the property and dispose of it.
(d) 
Any order requiring the removal of a junked vehicle or part thereof shall include a description of the junked vehicle, and the correct identification number and license number of the junked vehicle, if available at the site.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
If the owner or occupant of said premises, within ten (10) days after receipt of notice to abate the nuisance as herein provided, shall give his written permission to the director to remove the junked vehicle or vehicle parts from the premises, the giving of such permission shall be considered compliance with the provisions of this article.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
(a) 
The last known registered owner of the junked vehicle or vehicle part, lienholder of the junked vehicle or vehicle part, the record owner or occupant of the property on which the nuisance is located, or the record owner or occupant of the property adjacent to the public right-of-way if the nuisance is located on the public right-of-way may, within ten (10) days after the day on which the notice to abate the nuisance was personally delivered or mailed, request from the clerk of the municipal court of the city in writing or in person a trial before a municipal judge to determine whether or not the person is in violation of this article. The hearing request may be in person or in writing and without the requirement of a bond.
(b) 
If a trial request is made within ten (10) days after the day on which the notice to abate the nuisance was personally delivered or mailed, the director shall not order removal of the junked vehicle or vehicle part until allowed to do so by the judge of the municipal court.
(c) 
Upon receiving a request for a trial, the clerk of the municipal court shall set a date and time for a trial on the court docket. The clerk of the municipal court shall notify the city attorney, the director, and the person who requested a hearing of the date, time, and location of such hearing. The city attorney or his designee shall cause to be prepared, filed, and served upon defendant a written complaint charging that the owner or occupant has violated this article. The hearing shall not be held earlier than the eleventh day after the date of service of the notice or the filing of the complaint by the city attorney or his designee.
(d) 
The judge of the municipal court shall hear any case brought before the court pursuant to this article and shall determine whether the defendant is in violation of this article. At the trial, the junked vehicle is presumed to be inoperable unless otherwise demonstrated by the owner.
(e) 
Upon a finding that the defendant is in violation of this article, the defendant is guilty of a misdemeanor as described in section 19-27. The judge of the municipal court further shall order the defendant to remove and abate the nuisance within ten (10) days and thereafter allow the city to take possession of the junked vehicle or vehicle parts, remove it from the property and dispose of it if the defendant refuses or fails to do so.
(f) 
Any order requiring the removal of a junked vehicle or part thereof shall include a description of the junked vehicle, and the correct identification number and license number of the junked vehicle, if available at the site.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
(a) 
A person commits an offense if the person maintains a junked vehicle described in this article. A person is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted.
(b) 
An offense under this article is a misdemeanor punishable by a fine of not more than two hundred dollars ($200.00).
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
A junked vehicle, including part of a junked vehicle, may be removed to a scrap yard, a motor vehicle demolisher, or a suitable site operated by the City of Irving.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
Within five (5) days after the date of removal of the junked vehicle from the premises, notice thereof shall be given to the Texas Highway Department. Said notice shall include a description of the junked vehicle, and the correct identification number and license number of the junked vehicle, if available.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
In any complaint and in any action or proceedings brought for the enforcement of any provision of this article, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this article. The burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)
For purposes related to enforcement of this article, the municipal court of the City of Irving shall have civil jurisdiction, and concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances, and shall have the authority to issue:
(1) 
Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(2) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending debris from the premises.
(Ordinance 2009-9065, § 1, adopted 4/23/2009)