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:
Antique auto
means a passenger car or truck that is at least 35 years old.
Dismantled or partially dismantled
means:
(1) 
For vehicles designed to be operated upon the public streets and for which a valid state motor vehicle inspection certificate is required to legally do so, "dismantled or partially dismantled" means dismantled to the degree that said vehicle is not capable of passing a state motor vehicle inspection;
(2) 
For vehicles not subject to state motor vehicle inspection, including off-road vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all-terrain vehicles, golf carts, watercraft and aircraft, "dismantled or partially dismantled" means dismantled to the degree that said vehicle is not usable for the vehicle's designed and intended purpose.
Inoperable.
Means vehicles that cannot currently be legally driven on public streets. For vehicles that are designed not to be driven on public streets (all terrain vehicles, dirt bikes, watercraft, aircraft etc.) inoperable means not usable for the vehicles designed and intended purposes.
Junked vehicle
means a motor vehicle that is self-propelled and:
(1) 
Displays an expired license plate or does not display a license plate; and
(2) 
Is:
a. 
Wrecked, dismantled or partially dismantled, or discarded; or
b. 
Inoperable and has remained inoperable for more than:
1. 
Seventy-two consecutive hours, if the vehicle is on public property; or
2. 
Thirty consecutive days, if the vehicle is on private property.
Motor vehicle
means a motor vehicle subject to registration under the Certificate of Title Act, V.T.C.A., Transportation Code § 501.001 et seq.
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 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.
Vehicle.
Any automobile, truck, tractor, bus, motorcycle, motor home, camper, recreational vehicle, trailer, golf cart, watercraft or aircraft.
Wrecked vehicle
means:
(1) 
For vehicles designed to be operated upon the public streets, "wrecked" means not capable of passing a state motor vehicle inspection due to damage that is consistent with a motor vehicle accident, incomplete repair, salvage or restoration including, but not limited to, a missing or broken engine, transmission, windshield, window, tire, wheel or major mechanical component.
(2) 
For vehicles not subject to state motor vehicle inspection, including recreational vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all-terrain vehicles, and golf carts, watercraft and aircraft, "wrecked" means not usable for the vehicle's designed and intended purpose.
(Code 1975, § 15-64; Ordinance 3156, § 1, adopted 8/22/2011; Ordinance 3205, § 1, adopted 6/25/2012; Ordinance 3354, § 1, adopted 3/23/2015)
(a) 
Nuisance; abatement.
A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right-of-way, whether covered by a tarp or not, 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, is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance. Any person, firm, or corporation maintaining a public nuisance as defined above shall be guilty of a misdemeanor and, upon conviction, subject to a fine. Each and every day the maintenance of such public nuisance shall continue shall be deemed to constitute a separate offense. Upon conviction in the municipal court of the city, the court shall have the authority to order removal and abatement of such nuisance.
(b) 
Relocation.
The relocation of a junked vehicle that is a public nuisance to another location within the city after the code enforcement officer or as otherwise designated by the city manager has initiated the proceedings to abate the public nuisance shall have no effect on the proceedings if the junked vehicle constitutes a public nuisance at the new location.
(Code 1975, § 15-65; Ordinance 3205, § 1, adopted 6/25/2012)
(a) 
Notice for abatement.
The notice for the abatement and removal of a public nuisance under this division must provide not less than ten days' notice of the nature of the nuisance and must be sent by certified mail with a five-day return requested 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 public right-of-way, the property adjacent to the right-of-way.
(b) 
Contents of notice.
The notice for the abatement and removal of a public nuisance under this division 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 mailed; and
(2) 
Any request for a hearing must be made before that ten-day period expires.
(c) 
Delivery of notice.
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, hand delivered.
(d) 
Undeliverable notices.
If the notice is returned undeliverable, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(Code 1975, § 15-66(a)—(d))
(a) 
Request for hearing.
If a person for whom a notice is required under this division requests a hearing, the hearing shall be held not earlier than the 11th day after the date of the notice.
(b) 
Conduct of hearing.
The city manager or his designee shall conduct hearings requested pursuant to subsection (a) of this section.
(c) 
Order for removal.
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. Upon finding that the vehicle is a junked vehicle and constitutes a public nuisance, the city manager or his designee shall have the authority to enter an order requiring the removal of the junked vehicle or vehicle part.
(d) 
Contents of order requiring removal.
If the information is available at the location of the nuisance, an order requiring removal of the nuisance must include the vehicle's:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(Code 1975, § 15-66(e)—(h))
The provisions of this division do 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 are, 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.
(Code 1975, § 15-66(k))
The provisions of this division shall be carried out and enforced by regularly salaried, fulltime employees of the city, except that the removal of vehicle or vehicle parts thereof from property may be done by any other duly authorized person, including persons with whom the city may at the time of passage of the ordinance from which this division is derived or hereafter have a valid contract for the removal of such vehicles.
(Code 1975, § 15-66(l))
A person authorized by the city to administer the procedures of this division may enter private property for the purpose specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle for vehicle part, and remove or cause the removal of a vehicle that constitutes a nuisance as defined herein. The judge of the municipal court of the city may issue orders necessary to enforce the procedures of this division.
(Code 1975, § 15-67)