Ordinance #8.07

ARTICLE 8.07 JUNKED VEHICLES

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Sec. 8.07.001 Definitions

The following definitions shall be applicable to this article:

Demolisher

. A person whose business is to convert a motor vehicle into processed scrap or scrap

metal or to otherwise wreck or dismantle the motor vehicle.

Garagekeeper

. 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.

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State law references–Regulation of abandoned and junked motor vehicles, V.T.C.A., Transportation

Code, sec. 683.001 et seq.; junked vehicles, V.T.C.A., Transportation Code, sec. 683.071 et seq.

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Junked vehicle

. A motor vehicle as defined in V.T.C.A., Transportation Code, section 683.071,

that:

(1) Is inoperative; and

(2) Does not have lawfully affixed to it either an unexpired license plate or a valid motor

vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled,

or disregarded, or that remains inoperable for a continuous period of more than 45

days.

Motor vehicle

. A motor vehicle subject to registration under the Certificate of Title Act,

V.T.C.A., Transportation Code, chapter 501.

Police department

. The police department of the city.

Storage facility

. A garage, parking lot, or any type of facility or establishment for the servicing,

repairing, storing, or parking of motor vehicles.

(Ordinance 870811, sec. I, adopted 8/11/97)

Sec. 8.07.002 Declaration of nuisance

A junked vehicle which is located in a place where it is visible from a public place or a 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, and creates fire hazards, and 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. (Ordinance 870811, sec.

II, adopted 8/11/97)

Sec. 8.07.003 Abatement

The following procedures are hereby adopted for the abatement and removal of a junked vehicle

or a part of a junked vehicle as a public nuisance from private property, public property, or public

rights-of-way:

(1) The chief of police of the police department shall mail, by certified mail with a 5-day

return requested, to the last known registered owner of the junked motor vehicle, any

lienholder of record, and the owner or occupant of the private premises on which the

public nuisance exists, 10 days’ notice stating that the presence of the junked motor

vehicle upon said premises is a public nuisance, giving 10 days for the removal and

abatement of said nuisance and stating that such persons must request a public

hearing before the city council before the expiration of said 10-day period if removal

is contested. If such notice is returned undelivered by the United States post office,

official action to abate the nuisance shall be continued to a date not less than 10 days

after the date of the return of the notice.

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(2) For a junked vehicle located on public property, the chief of police of the police

department shall mail, by certified mail with a 5-day return requested, to the last

known registered owner of the junked vehicle, any lienholder of record, and the

owner or occupant of the public premises, or to the owner or occupant of the

premises adjacent to the public right-of-way in which the public nuisance exists,

notice stating the existence of the public nuisance on public property or a public

right-of-way, and that said nuisance must be removed and abated within 10 days, or

that a public hearing before the city council must be requested before expiration of

the 10-day period. If such notice is returned by the United States post office, official

action to abate the nuisance shall be continued to a date not less than 10 days after the

date of the return.

(3) Upon removal of the junked vehicle in accordance with the aforesaid procedures, the

chief of police of the police department shall give notice in writing to the state

department of transportation, not later than the fifth day of [after] the removal of the

junked vehicle, identifying the vehicle or vehicle part by its vehicle identification

number and license plate number, if available.

(Ordinance 870811, sec. III, adopted 8/11/97)

Sec. 8.07.004 Exceptions

The foregoing procedures shall not apply to a vehicle or vehicle part that is completely enclosed

within a building in a lawful manner, if said vehicle is not visible from the street or other public

or private property, or to 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 junkyard, or to an

unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the

collector’s property, if such vehicle and the outdoor storage area are maintained in a manner so

that they do not constitute a health hazard and are screened from ordinary public view by means

of a fence, rapidly growing trees, shrubbery, or other appropriate means. (Ordinance 870811, sec.

IV, adopted 8/11/97)

Sec. 8.07.005 Right of entry; enforcement

The chief of police of the police department, or other person duly authorized by the city council

to administer the foregoing procedures, may enter private property for the purposes specified in

the foregoing procedures to examine a vehicle or vehicle part, to obtain information as to the

identity of the vehicle, and to remove or cause the removal of a vehicle or vehicle part that

constitutes a nuisance. The municipal court of the city is hereby authorized to issue such orders as

are necessary to enforce the foregoing procedures. (Ordinance 870811, sec. V, adopted 8/11/97)

Sec. 8.07.006 Disposal of removed vehicles

Any junked vehicle or vehicle part removed pursuant to the foregoing procedures may be

disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the city, for

processing as scrap or salvage. Such junked vehicle or vehicle part may not be reconstructed or

made operable after it has been removed pursuant to the foregoing procedures. (Ordinance

870811, sec. VI, adopted 8/11/97)

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Sec. 8.07.007 Violations; penalty

A person commits an offense if he maintains a junked vehicle that has been determined to be a

public nuisance in accordance with the provisions with this article, after having received notice to

abate such nuisance in accordance with the foregoing provisions. A person which commits an

offense under this section is, upon conviction, subject to a fine not to exceed $200.00. (Ordinance

870811, sec. VII, adopted 8/11/97)