§ 16-31. Junked vehicle to be a public nuisance.

(a)

Definitions.

"Abandoned motor vehicle" is a vehicle that shall be considered abandoned if the motor vehicle is:

(1)

Inoperable, is more than five (5) years old, and has been left unattended on public property for more than forty-eight (48) hours;

(2)

Has remained illegally on public property for more than forty-eight (48) hours;

(3)

Has remained on private property without the consent of the owner or person in charge of the property for more than forty-eight (48) hours; or

(4)

Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than forty-eight (48) hours.

"Antique vehicle" shall mean a passenger car or truck or truck that was manufactured in 1925 or before, or a passenger car or truck that is at least twenty-five (25) years old.

"Collector" means the owner of one (1) or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest.

"Demolisher" means a person whose business it is to convert a motor vehicle into processed scrap metal or to otherwise wreck or dismantle a motor vehicle.

"Inoperable" shall mean a vehicle that is in such condition at the time of inspection, that it is no longer usable for the purpose for which it was manufactured, regardless of the potential for repair or restoration. If the vehicle is wrecked, dismantled or partially dismantled it is presumed to be inoperable.

"Junked vehicle" shall mean every self-propelled mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck-tractors, trailers and semitrailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks, and which:

(1)

Does not have lawfully attached to it:

a.

An unexpired license plate; or

b.

A valid motor vehicle inspection certificate; and/or

(2)

Is:

a.

Wrecked, dismantled or partially dismantled, or discarded; and

b.

Inoperable and has remained inoperable for more than:

1.

Forty-eight (48) consecutive hours, if the vehicle is on public property; or

2.

Thirty (30) consecutive days, if the vehicle is on private property and is visible from public property or right-of-way.

"Racing car" means a car used for racing, as a specially designed and modified car or stock car.

"Law enforcement agency" shall mean the Texas Department of Public Safety, the Eagle Pass Police Department, the Eagle Pass Independent School District Police Department, a sheriff, deputy sheriff or constable.

"Motor vehicle" shall mean a vehicle that is subject to registration under Chapter 501 of the Texas Transportation Code.

"Ordinary public view" shall mean a vehicle or any part thereof visible at any time of the year from any public right-of-way, or adjacent land or the first floor level of a building thereon, which is owned or occupied by a person other than the property owner or occupant of the property on which the vehicle is located or parked.

"Scrap yard" shall include salvage yards as defined by the Texas Transportation Code.

"Special interest vehicle" shall mean motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist.

(b)

The city council finds that junked vehicles and junked vehicle parts that are located in a place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tend to reduce the value of the private property, invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city and are, therefore, declared to be public nuisances. It is unlawful for any person or persons to cause or maintain such public nuisances by wrecking, dismantling, rendering inoperable, abandoning or discarding his or their vehicles, vehicles or vehicle parts on the property of another of [or] to suffer, permit or allow the same to be placed, located, maintained or exist upon his or their own real property. A junked vehicle, including a part of a junked vehicle that is visible from a public place, ordinary public view, or public right-of-way is hereby declared a public nuisance and Chapter 683 of the Texas Transportation Code is adopted in its entirety.

(c)

Covering a junked vehicle with a cover that is custom-tailored or custom-fitted to the particular model of the vehicle being covered will abate the nuisance. The vehicle cover shall be made of a canvas of closely woven, coarse cloth of hemp, cotton or linen that is both water and mildew resistant and shall be maintained free of any tears or holes. To abate the nuisance, the vehicles shall be completely covered, with the exception of the vehicle tires, and the cover shall be secured by a tie-down device. Tires shall be mounted on the vehicle and shall be properly inflated. All four (4) tires must be on the ground. It is the vehicle owner's responsibility to ensure that the vehicle remains completely covered. Placing the junked vehicle behind trees or shrubbery does not abate the public nuisance. The police department and the code enforcement division are authorized to abate such nuisances under the terms and conditions hereinafter provided.

(d)

Pursuant to Subchapter E of Chapter 683 of the Texas Transportation Code, the City of Eagle Pass hereby adopts the following procedures for the abatement and removal of junked vehicles or parts of a junked vehicle as a public nuisance from private or public property or a public right-of-way.

(1)

Abatement—Junked vehicles. Upon complaint or upon its own initiative, the code enforcement division may initiate appropriate official action to remove and abate a public nuisance in the nature of a junked vehicle or junked vehicle part. Notice of the existence of a nuisance shall be in accordance with the procedures set forth in this chapter.

a.

For a public nuisance that exists on private property, the code enforcement division shall notify the last known registered owner of the junked vehicle or junked vehicle part, any lien holder of record, and the owner or occupant of the private premises on which the public nuisance exists, that the nuisance exists, that it must be removed and abated within ten (10) days of the delivery or mail of such notice, or that a request for a hearing must be made by the owner or occupant before the expiration of the ten-day time period from the delivery or mail of the notice. The notice shall be personally delivered or sent by certified mail with a five-day return receipt requested. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undelivered by the United States Post Office, further official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of return.

b.

For a public nuisance that exists on public property, the code enforcement division shall notify the last known registered owner of the junked vehicle or junked vehicle part, any lien holder of record, and the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, that the nuisance exists, that it must be removed and abated within ten (10) days of the delivery or mail of such notice, or that a request for a hearing must be made by the owner or occupant before the expiration of the ten-day period from the delivery or mail of the notice. The notice shall be personally delivered or sent by certified mail with a five-day return receipt requested. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undelivered by the United States Post Office, further official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of return.

c.

A public hearing shall be held before the municipal court of the city for determination of the existence of a junked vehicle or junked vehicle part as a public nuisance and for the purpose of entering an order requiring the removal of the same if found to be so. Notice of this hearing shall be sent by certified mail to the last known registered owner of the junked vehicle or junked vehicle part, any lien holder of record, the owner or occupant of the private premises, public premises or the premises adjacent to the public right-of-way, as the case may be, not less than ten (10) days before the date of the hearing. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. The judge of the municipal court shall be the designated official to make such determination and upon the finding that the vehicle or vehicle part is a junked vehicle and constitutes a public nuisance, he shall enter an order requiring the removal of the vehicle or a part thereof. The order must include a description of the vehicle or vehicle part and the correct identification number and license number of the vehicle if the information is available at the site.

d.

Before any city employee or any other person is authorized to remove a vehicle or vehicle part that is in violation of this chapter, he shall first obtain from the appropriate court an order for the removal of the junked vehicle or junked vehicle part, which shall include a description of the vehicle or vehicle part and the correct identification and license number of the vehicle if the information is available at the site where the vehicle or vehicle part is located.

e.

A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site operated by the city for processing of scrap or salvage; however, it is unlawful for any person to reconstruct or make operable any junked vehicle after it has been removed.

f.

Not later than the fifth day after the removal of a junked vehicle or junked vehicle part, the city shall notify the state department of highways and public transportation of the removal of the junked vehicle or junked vehicle part, so that the department may cancel the certificate of title. The notice must identify the vehicle or vehicle part.

(e)

Exceptions—Junked vehicles. This section shall not apply to:

(1)

A vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street, ordinary public view, or other public or private property; or

(2)

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

(3)

An unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property. Covering a junked vehicle with a cover that is custom-tailored or custom-fitted to the particular model of the vehicle being covered will abate the nuisance. The vehicle cover shall be made of a canvas of closely woven, coarse cloth of hemp, cotton or linen that is both water and mildew resistant and shall be maintained free of any tears or holes. To abate the nuisance, the vehicles shall be completely covered, with the exception of the vehicle tires, and the cover shall be secured by a tie-down device. Tires shall be mounted on the vehicle and shall be properly inflated. All four (4) tires must be on the ground. It is the vehicle owner's responsibility to ensure that the vehicle remains completely covered. Placing the junked vehicle behind trees or shrubbery does not abate the public nuisance. No more than one (1) antique or special interest vehicle may be kept per two thousand (2,000) square feet of unroofed yard where a vehicle may be legally parked.

(f)

Enforcement authority—Junked vehicles.

(1)

The procedures provided for in this chapter must be administered by the code enforcement division except that the removal of a vehicle or vehicle part from property may be by any duly authorized person.

(2)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the inspector has reasonable cause to believe that there exists upon any premises any condition or code violation which makes such vehicle or vehicle part in violation of this chapter, the inspector may enter such premises at all times to inspect the same or to perform any duty imposed upon the inspector by this chapter; provided, that if the premises are occupied, he shall first present proper credentials and request entry, and if the premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry. If entry is refused, the inspector shall have recourse to every remedy provided by law to secure entry.

(3)

When the inspector has obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry thereon by the inspector for the purpose of inspection and examination pursuant to this chapter.

(g)

Enforcement—Junked vehicles. If the public nuisance is not removed and abated and no hearing is requested within the ten-day period provided for herein, the code enforcement division may file a complaint concerning the public nuisance in an appropriate court.

(h)

Violation—Junked vehicles.

(1)

If a person is found guilty of maintaining a public nuisance as provided in this chapter, that person shall be punished by a fine and/or administrative penalty not to exceed two hundred dollars ($200.00) and the court shall order removal and abatement of the nuisance. Should the person charged with maintaining a public nuisance as provided in this chapter, plead guilty to the charge and pay the fine and/or administrative penalty established by the court for such offense, the court shall declare the junked vehicle or junked vehicle part a public nuisance and order removal and abatement of the nuisance. All orders under this section must 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.

(2)

Violation of section; liability of corporate officers, agent, etc. In case the owner or occupant of any lot or premises under the provisions of this section shall be a corporation or other entity, and shall violate any provision of this section, the president, vice-president, secretary, or treasurer of such corporation or other entity, or any manager, agent or employee of such corporation or other entity shall be also severely liable for any penalty.

(Ord. No. 2012-27, § 1, 9-11-2012)