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For the purpose of this article, the following terms, phrases, words and their derivations, unless the context indicates a different meaning, shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number include the singular number and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Antique motor vehicle.
Any passenger car or truck which becomes thirty-five (35) or more years of age.
Collector.
The owner of one (1) or more antique or special interest motor vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique motor vehicles or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest motor vehicle for historic interest.
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.
Junked vehicle.
A vehicle that:
(1) 
Is self-propelled; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
72 consecutive hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property.
Inoperable.
Any condition that would prevent the vehicle from operating upon a public street, road, alleyway or highway under its own locomotion without requiring repairs and if inspected by state (Texas) standards would be eligible to receive a Texas safety inspection sticker.
Person.
Any individual, firm, partnership, association, corporation, company, or organization of any kind.
Special interest motor vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(1999 Code, sec. 7.401; Ordinance 937-22 adopted 3/31/2022)
Upon conviction for violation of any provisions of this article relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist, such violator shall be punished by a fine as provided for in the general penalty provision found in section 1.01.009 of this code, and each day’s violation thereof shall be, and is hereby declared to be, a distinct and separate offense and punishable as such.
(1999 Code, sec. 7.412)
(a) 
The location or presence of any junked vehicles on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance and it shall be unlawful for any person or persons to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his or their vehicle or vehicles on the property of another or to suffer, permit or allow the same to be placed, located, maintained or exist upon his or their own real property.
(b) 
The provisions of this section shall not apply to:
(1) 
A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.
(2) 
An unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the collector’s property, provided that the vehicle and the outdoor storage area are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, shrubbery or other appropriate materials. For the purpose of this article, a tarp, vehicle cover or other similar cover shall not constitute an accepted screening material.
(3) 
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.
(c) 
The relocation of a junked vehicle that is a public nuisance to another location in the city after a proceeding for the abatement and 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.
(1999 Code, sec. 7.402)
(a) 
Whenever such public nuisance exists on private property or on the public right-of-way adjacent to occupied or unoccupied property within the city in violation hereof, the chief of police and/or his duly authorized agent, who shall administer this article, shall not give less than ten (10) days’ written notice to the owner of the real property or the occupant, if any, of the premises whereon such public nuisance exists to abate or remove the same. Such notice shall:
(1) 
Be in writing;
(2) 
Specify the violation and its location;
(3) 
Specify the corrective measures required;
(4) 
Provide that any owner of such vehicle, or the owner or occupant of such premises, may protest the determination that such vehicle is a nuisance by filing written notice thereof with the city within ten days after receipt of notice on forms provided by the city;
(5) 
Provide that failure to file such protest within ten days shall constitute consent to the removal and impoundment of such vehicle.
(b) 
A copy of the notice shall be served upon the owner or occupant of the premises and/or the owner of the vehicle, and any lienholder of record, by mailing a copy, certified or registered mail, with five (5) days return receipt requested, to the last known address of such person, and by attaching such copy to the vehicle in question. Any notice attached to any vehicle need not name the owner thereof, or the owner or occupant of the premises where it is situated, and any [such notice attached to a vehicle shall constitute notice to the] owner of the vehicle and the owner and occupant of the premises where such vehicle is located. If the notice is returned undelivered by the United States post office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(1999 Code, sec. 7.403)
If the owner or occupant of the premises, or the owner of such vehicle, fails, neglects, or refuses to either file notice of protest or to comply with the terms of any notice issued under the provisions of the preceding section, within ten days after service of such notice by personal service, mailing, or an attachment to such vehicle, appropriate city officials shall abate such public nuisance by removing the junked vehicle from its location and impounding the same. All expenses incurred in the abatement of such nuisance, and costs of storing such vehicle prior to final disposition, shall be charged against the owner or owners of the junked vehicle, payable in the city, together with a ten percent (10%) penalty on the delinquent amount from the date of impounding such vehicle.
(1999 Code, sec. 7.404)
Should any person file a protest of the determination that any vehicle constitutes a nuisance under the terms of this article, the city manager shall place such protest on the agenda of the city council, give notice to the protestant of the date, time and place of the meeting of the city council, and state in such notice that the city council will make a determination as to whether the protestant’s vehicle constitutes a nuisance under the terms of this article, and shall invite the protestant to appear in person or by an attorney and present the reasons for his protest. If, after hearing the evidence and making such investigation as the council deems necessary, the council shall determine that the vehicle in question constitutes a nuisance, the council may order the same removed from the premises, or it may recommend prosecution in corporation court in accordance with the penal provisions hereof. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site.
(1999 Code, sec. 7.405)
If, within ten (10) days after receipt of notice from the chief of police and/or his employees, or his duly authorized agent, to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the chief of police or his duly authorized agent for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of section 8.05.004.
(1999 Code, sec. 7.406)
If there is a junked motor vehicle on public or private property that is occupied or unoccupied, or on the public right-of-way adjacent to the occupied or unoccupied premises, and the owner or occupant of the premises cannot be found and notified to remove the vehicle, then, upon a showing of the facts to the judge of the municipal court, the court may issue an order to the chief of police to have the vehicle removed and the chief of police shall take possession of the junked motor vehicle and remove it. If the notice required in section 8.05.004 is returned undelivered by the United States post office, then, after ten (10) days from the date of the return, the court may issue an order to the chief of police to have the junked motor vehicle removed and the chief of police shall take possession of the vehicle and remove it. The chief of police shall thereafter dispose of the junked motor vehicle in the manner provided by the city council, consistent with state law.
(1999 Code, sec. 7.407)
The bona fide owner of any such junked vehicle or junked vehicles which have been impounded in accordance with the provisions of this article may acquire possession of such junked vehicle or junked vehicles by paying the costs of abatement as shall have been computed in accordance with section 8.05.005 and by paying a reasonable storage charge based upon the period of time such junked vehicle or vehicles have been impounded.
(1999 Code, sec. 7.408)
(a) 
In the event that possession by the bona fide owner thereof of any junked vehicle or junked vehicles impounded in accordance with the provisions hereof is not acquired within thirty (30) days from the date of such impoundment, such junked vehicle or junked vehicles shall be deemed to have been abandoned and may be sold by the city. Proceeds from any such sale shall first be applied to reduce or satisfy the storage charges computed in accordance with section 8.05.005, and any excess funds shall be deposited in the general funds of the city.
(b) 
After a vehicle has been removed, it shall not be reconstructed or made operable by any person unless recovered under section 8.05.009.
(c) 
Notice by the city shall be given to the state department of transportation five (5) days after the date of removal, identifying the vehicle or part thereof.
(1999 Code, sec. 7.409)
The chief of police, or his duly authorized agent, may enter upon private property for the purposes specified in this article to examine vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. The municipal court of the city shall have authority to issue all orders necessary to enforce this article.
(1999 Code, sec. 7.410)