§ 34-210. Same—Procedures for abating.

(a)

Generally. The procedures for abatement and removal of a junked vehicle or a part of a junked vehicle as a public nuisance from private property, public property or a public right-of-way shall be in accordance with this section.

(b)

Private property; notice and service. Any removal of a junked vehicle or part of a junked vehicle on private property requires not less than ten days' notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten days, and that request for a hearing must be made before expiration of the ten-day period. The notice shall be mailed, by certified mail with a five-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. If any notice is returned undeliverable by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.

(c)

Public property; notice and service. For a nuisance on public property, a notice of not less than ten days, stating the nature of the public nuisance on public property or on a public right-of-way, stating that the nuisance must be removed and abated within ten days, and that a request for a hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-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 public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.

(d)

Reconstruction or making operable of junked vehicles. In addition, a vehicle that is declared a junked vehicle is prohibited from being reconstructed or made operable after it has been removed by the city.

(e)

Hearing; order for removal. A public hearing shall be conducted before the removal of the junked vehicle which public hearings shall be before the city's chief building official or his designee. If a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupancy of the premises adjacent to the public right-of-way on which the junked vehicle is located, it shall be held within ten days after service of notice to abate the nuisance. At the hearing, it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. An order requiring the removal of the junked vehicle shall include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.

(f)

Notice to state department of highways and public transportation. Notice shall be given to the state department of highways and public transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle or vehicle part.

(g)

Exceptions. The procedures of this section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 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 an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the 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.

(h)

Enforcing persons. All actions taken in regard to junked vehicles will be taken by regularly salaried, full-time employees of the city, except that the removal of a vehicle or vehicle part from property may be by any duly authorized person.

(Code 1969, §§ 17-43—17-48; Ord. No. 2209, § 2(17-32), 10-9-1995)

State law reference

Similar provisions, V.T.C.A., Transportation Code §§ 683.074, 683.075.