§ 90.01 DEFINITIONS AND INTERPRETATION.

  (A)   As used in this subchapter, the term "JUNKED VEHICLE" shall have the meaning assigned to it by Texas Transportation Code § 683.071, as amended.

  (B)   As used in this subchapter, the term "INTERESTED PARTY" shall mean and refer to any Code Enforcement Officer of the city or any of the persons or firms entitled to notice pursuant to § 90.04(F).

  (C)   This subchapter shall be interpreted and administered in a manner consistent with Texas Transportation Code §§ 683.074, et seq., as those sections may be amended, from time to time. Should any provision of such state law be amended so that the procedures or requirements set forth in this chapter are inconsistent with such state law, then this chapter shall be interpreted and administered in compliance with such amended procedure or requirement.

(Ord. 693, passed 5-4-05)

§ 90.02 DECLARATION OF NUISANCE; EXCEPTIONS.

  (A)   Any junked vehicle or part of a junked vehicle located on private or public property or a public right-of-way within the corporate limits of the city is hereby declared a public nuisance.

  (B)   The procedures set forth in this subchapter shall not apply to a junked vehicle or vehicles that are, in fact, a vehicle or vehicles of the type described in Texas Transportation Code § 683.077, as amended.

(Ord. 693, passed 5-4-05) Penalty, see § 90.99

§ 90.03 ADMINISTRATION OF ABATEMENT AND REMOVAL PROCEDURES.

  (A)   Officers administering procedures; authority. The procedures in this section shall be administered by a code enforcement official of the city who is a regularly salaried, full-time employee of the city except that any person may be authorized to remove a nuisance.

  (B)   Authority of Code Enforcement Officers. A Code Enforcement Officer of the city may enter private property for the following purposes:

     (1)   To examine a vehicle which such officer has reason to believe is a junked vehicle and a public nuisance, as defined by this chapter, to obtain information to determine if a vehicle is a junked vehicle and a public nuisance or to identify an alleged junked vehicle; or

     (2)   Following the entry of an order finding that a vehicle is a junked vehicle and a public nuisance and ordering its abatement or removal, to remove or direct the removal of the nuisance.

(Ord. 693, passed 5-4-05)

§ 90.04 NOTICE PRIOR TO ABATEMENT AND REMOVAL BY THE CITY.

  When a junked vehicle or part of a junked vehicle which is a public nuisance is discovered, or brought to the attention of, a code enforcement official of the city, such official shall give written notice (sometimes hereinafter referred to as the "original notice") which shall conform to the following requirements:

  (A)   It shall describe the nature of the nuisance as being a junked vehicle or vehicles;

  (B)   It shall state that the nuisance must be abated and removed not later than the tenth day after the date on which the notice is personally delivered or mailed; and

  (C)   It shall state that a public hearing will be held before the Municipal Judge in the city's Municipal Court to determine the allegations in the notice and a remedy to be imposed if the allegations are found to be true; and

  (D)   It shall state that the hearing will be held:

     (1)   At a specified date and time in the city's Municipal Court; which date and time shall not be earlier than the eleventh day after the date of the service of the notice; and

     (2)   If any notice is returned undelivered and the hearing date specified in the notice is within 11 days from the date the notice is returned, then the hearing will be continued to the next available date and time on the Municipal Court's docket following expiration of 11 days from the date the notice is returned and notice of the date and time of the continued hearing will be posted either on the vehicle or vehicles alleged to be a public nuisance or in the place specified for public notices at City Hall; and

  (E)   It shall state that any request for a hearing at a date or at a time other than that specified in the notice must be made not later than the tenth day after the date on which the notice is personally delivered or mailed; and

  (F)   It shall be personally delivered or sent by certified mail with a five-day return requested to:

     (1)   The last known registered owner of the nuisance;

     (2)   Each lien holder of record of the nuisance; and

     (3)   The owner or occupant of:

        (a)   The property on which the nuisance is located; or

        (b)   If the nuisance is located on a public right-of- way, the property adjacent to the right-of-way; or

  (G)   If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered.

(Ord. 693, passed 5-4-05)

§ 90.05 HEARING PROCEDURES.

  (A)   Applicable procedures. Hearings under this subchapter to determine whether a vehicle or vehicles alleged to be a public nuisance is, in fact, a public nuisance, as defined by this subchapter and state, shall be conducted in accordance with the following procedures:

     (1)   Hearing to be held before Municipal Judge in Municipal Court. All hearings shall be before the city's Municipal Judge at the Municipal Court unless otherwise ordered by the Municipal Judge.

     (2)   Scheduling of hearing. The hearing shall be held at the date, time and place specified in the original notice unless: (i) the Municipal Judge continues the hearing to a different date, time and place upon the request of an interested party or (ii) a continued hearing date is required because a notice is returned undelivered and the hearing in the original notice is within 11 days of the date of the return. A rescheduled hearing shall be set not less than seven days from the date of the hearing in the original notice.

     (3)   Notice of continued hearing. If a hearing is rescheduled from the date and time specified in the original notice, notice of the date, time and place of the rescheduled hearing shall be given in accordance with the following rules:

        (a)   Posting of notice of continued hearing. If the hearing is being rescheduled because one or more of the original notices has been returned undelivered and the hearing specified in the original notice is within 11 days of the date the original notice is returned undelivered, the Code Enforcement Officer handling the matter shall obtain a hearing date and time before the Municipal Court on the next available docket of the Municipal Court. Such officer shall prepare a revised notice in accordance with the requirements of § 90.04 above and if the post office address of the interested party whose notice has been returned undelivered is unknown: (i) such officer shall place the revised notice on the nuisance if he or she has physical access to the nuisance or (ii) if such officer does not have access to the nuisance such officer shall post the revised notice in the place specified for public notices at City Hall.

        (b)   Other interested parties entitled to notice of continued hearing. The following interested parties shall be entitled to notice of a continued hearing:

     1.   One who appears at the hearing scheduled in the original notice;

     2.   One who contacts the Municipal Court or Code Enforcement Officer regarding the vehicle or vehicles the subject of the original notice by written communication or electronic mail on or before the date set for the hearing specified in the original notice; and

     3.   The Code Enforcement Officer handling the matter.

        (c)   Permissible methods of giving notice of continued hearing. Notice of a continued hearing may be given in any one or more of the following methods:

     1.   In person to a person who appears before the Municipal Court or the Code Enforcement Officer;

     2.   In writing by certified mail with five day return receipt requested or by facsimile transmission; or

     3.   By electronic mail.

  (B)   Issue to be determined. At the hearing, the Municipal Judge shall determine whether the vehicle alleged to be a public nuisance is, in fact, a public nuisance as defined by this chapter and state law. At the hearing, the junked motor vehicle is presumed to be inoperable unless demonstrated otherwise by the owner.

  (C)   Contents of order upon determination that a public nuisance exists. If a determination is made that the alleged nuisance is, in fact, a public nuisance, the Municipal Judge shall enter an order, pursuant to Texas Transportation Code § 683.074(b)(c), reciting such finding and ordering the abatement or removal of the nuisance by a date certain. The order shall also provide for the removal or abatement of the nuisance by the city or a contractor retained by the city in the absence of compliance with the order by the owner or other person interested in the nuisance by the date specified in the order. If the information is available at the location of the nuisance, the order must include the vehicles: description, vehicle identification number and license plate number.

(Ord. 693, passed 5-4-05)

§ 90.06 POST HEARING REQUIREMENTS.

  (A)   Notice to Texas Department of Transportation. Not later than the fifth day following the date that a vehicle found to be a public nuisance under this subchapter is removed, a Code Enforcement Officer of the city shall give notice to the Texas Department of Transportation identifying the vehicle or part of the vehicle removed.

  (B)   Prohibition on reconstruction. A vehicle found to be a public nuisance under this subchapter may not be reconstructed or made operable after its removal.

(Ord. 693, passed 5-4-05)

§ 90.07 INTERFERENCE WITH CODE ENFORCEMENT OFFICER.

  It shall be unlawful for any person to interrupt, disrupt, impede, or otherwise interfere with a Code Enforcement Officer of the city who is performing any duty or exercising any authority imposed or granted by law in connection with the enforcement of the provisions of this chapter. An offense under this section shall be punishable by a fine up to $200 for each offense.

(Ord. 693, passed 5-4-05) Penalty, see § 90.99

REGULATION OF MOTOR VEHICLE JUNKYARDS

§ 90.50 MOTOR VEHICLE JUNKYARDS LICENSING.

  (A)   City license required. No person may operate a motor vehicle junkyard or motor vehicle salvage yard unless such person first obtains a license to operate such facility from the city.

  (B)   License requirements. A person seeking a license to operate a motor vehicle junkyard or motor vehicle salvage yard shall submit a written application for such license on a form approved by the city and shall provide any other information required for the city to determine compliance with these requirements. Specifically, the person applying for a license shall sign a form consenting to a criminal background check and shall provide proof of insurance. The conditions for the issuance of a license are:

     (1)   That the person have a currently valid and unrestricted license to operate as a salvage vehicle dealer issued by the State of Texas and that there be no pending complaints or proceedings to revoke said license;

     (2)   That the person pay an application fee of $50 to defray the cost of processing the application;

     (3)   That the person currently be in compliance with all operating conditions set forth in § 90.51 of this Code or, if no operations have been commenced, the applicant must certify that he or she has been provided with a copy of the operating conditions, that he or she understands such operating conditions and must sign a statement that all operations by the applicant will be in compliance with such operating conditions if a license is issued; and

     (4)   That the person not have been convicted of any offense under the laws of the United States or any state or country in the nature of a felony or misdemeanor involving moral turpitude, such as theft.

  (C)   Expiration of license; renewal. A license issued under this subchapter expires on the first anniversary date of its issuance. The person holding a license must renew the license each year and comply with the license requirements set forth above.

  (D)   Nontransferability. The license issued under this subchapter is not transferable.

  (E)   Motor vehicle junkyard or motor vehicle salvage yard defined. As used in this subchapter, the term or terms "MOTOR VEHICLE JUNKYARD” or “MOTOR VEHICLE SALVAGE YARD" shall mean any location within the city which: (1) stores more than two motor vehicles which are inoperative or not currently registered, and (2) routinely sells parts from any motor vehicles which are inoperative or not currently registered or (3) is the place of business of any person who is a licensed motor vehicle salvage dealer, as that term is defined under state law. Wrecker service companies contracted by the city to abate junk vehicles are exempted from this definition.

(Ord. 693, passed 5-4-05) Penalty, see § 90.99

§ 90.51 OPERATING CONDITIONS FOR MOTOR VEHICLE JUNKYARDS OR MOTOR VEHICLE SALVAGE YARDS.

  A person operating a motor vehicle junkyard or motor vehicle salvage yard shall, at all times, comply with the following conditions:

  (A)   Location. The yard shall only be located in a zone in which a motor vehicle junkyard or salvage yard business is permitted by the city's Zoning Ordinance and shall not be located within 1,000 feet of the right-of-way of public street, state or federal highway, school, hospital or medical clinic or a residence.

  (B)   Insurance. Maintain general commercial liability insurance in an amount not less than $300,000 and includes coverage for liabilities related to the presence of hazardous wastes or products and environmental hazards.

  (C)   Compliance with laws. Comply with all applicable federal and state laws and regulations applicable to such operations including those designed to insure environmental quality and those relating to highway beautification.

  (D)   Fencing requirement. Each motor vehicle junkyard in the city shall be completely surrounded by a solid barrier fence or structure at least eight feet high. The fence must be painted a natural earth tone color and may not have any sign appear on its surface other than a sign indicating the business name of the licensed operator of the yard.

  (E)   Height and access requirements. No motor vehicles, or parts thereof, shall be piled or stacked in any such motor vehicle junkyard in any manner as to exceed six feet in height, or 625 square feet in floor or lot area. An aisle of at least four feet shall be maintained at all times between piles or stacks of motor vehicles or parts thereof, in such a manner as to allow free access on the part of the Fire Department of the city.

  (F)   Gas tanks to be drained. All gasoline shall be drained from the gasoline reservoirs of all motor vehicles stored or kept on the premises of any such motor vehicle junkyard, unless such motor vehicles are in such state of repair as to enable them to be removed from the premises under their own power.

(Ord. 693, passed 5-4-05) Penalty, see § 90.99

§ 90.98 VIOLATIONS; INJUNCTIVE RELIEF.

  (A)   Violation-No license. It is unlawful for any person, firm or corporation to establish, operate or maintain a motor vehicle junkyard or salvage yard without procuring a license as hereinabove provided; and each day a motor vehicle junkyard or salvage yard is operated or maintained without such license shall constitute a separate offense.

  (B)   Violation – Non-compliance with operating conditions. It is unlawful for any person, firm or corporation to operate or maintain a motor vehicle junkyard or salvage yard in violation of any of the operating conditions set forth in this subchapter; and each day a motor vehicle junkyard or salvage yard is operated or maintained in violation of such operating conditions shall constitute a separate offense.

  (C)   Injunctive relief. The city may also bring suit for injunction against any person, firm or corporation that violates or threatens to violate any of the provisions of this chapter, in order to prevent a continued violation or such threatened violation.

(Ord. 693, passed 5-4-05)

§ 90.99 PENALTY.

  Any person, firm or corporation that violates, disobeys, neglects or refuses to comply with, or that resists the enforcement of any of the provisions of this subchapter, shall be fined not less than $10 nor more than $500 for each offense.

(Ord. 693, passed 5-4-05)

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