§ 50-34. Abatement and removal of junked vehicles; procedures.

(a)

General. The city, acting through the city manager or his designated representative, shall have the right at all times to abate and remove junked vehicles that are situated outside a licensed and authorized junkyard, and such abatement and removal shall be accomplished according to the requirements set forth in this section.

(b)

Notice.

(1)

Prior to any official action being taken to abate and remove a junked vehicle constituting a public nuisance from private property, public property or public right-of-way, not less than ten (10) days notice shall be given, except as hereinafter provided, to the following parties:

a.

The last known registered owner of the junked vehicle as shown on the certificate of title;

b.

Any lienholder of record; and

c.

The owner or occupant of the property upon which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located.

(2)

The notice shall be either personally delivered, mailed by certified mail with a five-day return requested, or delivered by the United States Postal Services with signature confirmation service. A copy of the notice shall also be affixed to the front windshield of the vehicle. The notice shall state the following:

a.

The nature of the public nuisance;

b.

That it must be removed and abated not later than the tenth day after the date on which the notice was mailed or personally delivered;

c.

The addressee is entitled to a public hearing if requested in writing prior to the expiration of the ten-day period, and that the public hearing, if requested, must be held prior to the removal of the vehicle or vehicle part by the city;

d.

That the persons entitled to notice shall be entitled to speak at the public hearing, either by making a request prior to the time of the hearing or by making a request at the time of the hearing;

e.

In the event that no request for hearing is received before the expiration of the ten (10) day period, or the persons entitled to notice fail to attend a requested hearing, it shall be conclusively presumed the vehicle is a junked vehicle as defined under state law and this Chapter; and

f.

That failure to abate the nuisance, failure to request a public hearing, or failure to attend a public hearing that has been requested constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to disposal for the junked vehicle under the terms of the Texas Transportation Code concerning the disposal of junked vehicles.

(3)

If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle, or, if the owner is located, hand delivered.

(4)

If any 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 eleven (11) days after the date of return of the notice.

(c)

Hearing.

(1)

A request for a public hearing shall be in writing and shall be addressed to the municipal court clerk of the City. A public hearing, when requested, shall be held before the judge of the municipal court not earlier than the eleventh (11th) day after the date on which the notice was delivered or mailed. At the public hearing, the municipal judge shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time.

(2)

At the hearing the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

(3)

Following the public hearing, the municipal judge shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the municipal judge finds that the junked vehicle constitutes a public nuisance and there is sufficient cause to abate the nuisance, and if the notice requirements provided in this division have been met, the municipal judge shall make a written order setting forth his findings and ordering that the junked vehicle public nuisance be abated.

(4)

The order shall include a description of the vehicle and a correct vehicle identification number and license plate number if such information is available at the site of the vehicle, and shall state that the vehicle shall be disposed of in accordance with the Texas Transportation Code.

(d)

Relocation of junked vehicles. The relocation of a junked vehicle that is a public nuisance to another location within the city limits after a proceeding for the abatement or 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.

(e)

Abatement of nuisance. In the event the municipal judge orders abatement of the junked vehicle, any duly authorized person may remove and dispose of the junked vehicle.

(f)

Junked vehicles not to be made operable after removal. After any junked vehicle has been removed under the authority of this article, it shall not be reconstructed or made operable again.

(g)

Notice to department of transportation. No later than the fifth day after the date of removal of a junked vehicle pursuant to this article, notice shall be given to the Texas Department of Transportation. Such notice shall identify the vehicle.

(h)

Disposal of junked vehicle. Any junked vehicles taken into custody by the city or any duly authorized person pursuant to a provision of this article shall be disposed of in accordance with applicable provisions of Chapter 683, subchapter E of the Texas Transportation Code.

(Code 1973, § 10-14; Ord. No. 1302, § 4, 6-12-86; Ord. No. O-96-069-01, § 3, 10-28-96; Ord. No. O-1999-058-01, § 2, 12-6-99; Ord. No. O-2009-019-15, § 2, 9-28-09)