Junked vehicles which are located on any public property or public right-of-way are declared to be a public nuisance. Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalisms, to create the 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 city, by producing urban blight which is adverse to the maintenance and continuing development of the city, are declared to be a public nuisance.
Junked vehicle means a vehicle that is self-propelled and:
- Does not have lawfully attached to it:
- An unexpired license plate; or
- A valid motor vehicle inspection certificate; and
- Wrecked, dismantled or partially dismantled, or discarded; or
- Inoperable, has remained inoperable and in the same location for 72 hours.
The City Ordinance States:
Sec. 38-190. - Notice to owner.
- The enforcing officer shall provide for the removal of any public nuisance, as defined in this division, from private property or a public property or public right-of-way, provided that such officer shall give notice by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record, to the owner or occupant of the private property, whereupon such public nuisance exists, or, if the nuisance exists on a public right-of-way, to the owner or occupant adjacent to the public right-of-way whereupon such public nuisance exists, which notice shall set forth:
- The nature of the public nuisance;
- That it must be removed and abated within ten days after the date on which the notice was mailed; and
- That a public hearing before the judge of the municipal court may be requested, provided that such request is filed in the office of the city secretary prior to the expiration of such ten-day period.
- If any notice to an owner or occupant, as authorized in subsection (a) of this section, is returned undelivered by the United States Postal Service, official action to abate such public nuisance shall be continued to a date not earlier than the 11th day after the date of such return.
- If the post office address of the last known registered owner is unknown, notice may be posted on the vehicle, or personally delivered to the owner.
(Code 1991, § 11-225)
State law reference— Notice, V.T.C.A., Transportation Code § 683.075.
Sec. 38-191. - Hearing.
When an owner or occupant, upon receipt of a notice under section 38-190, files a request for hearing within the time and in the manner therein specified, the city secretary shall proceed to set a hearing before the judge of the municipal court to be held not earlier than the 11th day after the date of service of the notice. The city secretary shall post notice of the time, place and subject of such hearing on the city hall bulletin board.
(Code 1991, § 11-226)
State law reference— Hearing, V.T.C.A., Transportation Code § 683.076.
Sec. 38-192. - Order.
At the conclusion of the hearing, the judge of the municipal court shall, by order, require the removal of such junked vehicle or part thereof, and shall include a description of the vehicle and the correct identification number and license plate number of the vehicle, if such identification and license number are available at the site. If the order is not made, or if no action is taken by the judge of the municipal court, the proceedings shall be abated and no further action shall be taken by the enforcing officer with regard to the abatement of such public nuisance.
(Code 1991, § 11-227)
Sec. 38-193. - Removal.
When the owner or occupant has failed to abate a nuisance within the time specified in this division, or upon the making of an order pursuant to section 38-192, the enforcing officer shall arrange for the removal of the junked vehicle, or part thereof, by either such enforcing officer or any other duly authorized person, to such location as such enforcing officer may designate; provided, that any junked vehicle or parts which have been removed under the terms of this division shall not be reconstructed or made operable.
(Code 1991, § 11-228)
State law reference— Similar provisions, V.T.C.A., Transportation Code § 683.074(b)(1).
Sec. 38-194. - Notice to state department.
The enforcing officer shall give notice to the state department of highways and public transportation within five days after removal of a junked vehicle, or part thereof, citing this division, setting forth all identification numbers and such other description as may be available at the site, and requesting cancellation of the certificate of title to such vehicle, pursuant to V.T.C.A., Transportation Code ch. 501.
(Code 1991, § 11-229)
State law reference— Similar provisions, V.T.C.A., Transportation Code § 683.074(b)(3).
Sec. 38-195. - Disposal.
The enforcing officer shall arrange for the disposal of junked vehicles or parts thereof, in accordance with V.T.C.A., Transportation Code §§ 683.074, 683.078.
(Code 1991, § 11-230)
Sec. 38-196. - Exemptions.
- Procedures adopted under this division may not apply to 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; or
- Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or 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:
- Maintained in an orderly manner;
- Not a health hazard; and
- Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
- In this section:
- Antique vehicle means a passenger car or truck that is at least 25 years old.
- Motor vehicle collector means a person who:
- Owns one or more antique or special interest vehicles; and
- 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.