§ 34-95. Notice to abate; hearing; disposal.

(a)

Whenever any public nuisance exists in the city, as described in this article, a person authorized in section 34-92 to administer and enforce this article shall send written notice by personal delivery, by certified mail, with a five-day return receipt requested, or by the United States Postal Service with signature confirmation service to the last known registered owner of the nuisance, each lienholder of record of the nuisance, and the owner or occupant of the private premises or the private premises adjacent to the public right-of-way upon which such public nuisance is located. Such notice shall state the following:

(1)

The nature of the public nuisance;

(2)

The nuisance must be removed or abated within ten days after the date on which the notice was personally delivered or mailed; and

(3)

The recipient of the notice may request a public hearing within ten days of the date on which the notice was personally delivered or mailed. Such hearing shall be held before the judge of the municipal court. At the hearing it shall be presumed that the vehicle is inoperable, unless otherwise demonstrated by the owner.

(b)

If the postal address of the last known registered owner of the junked vehicle is unknown, notice to the last known registered owner shall be placed on the vehicle, or if the owner is located, personally delivered.

(c)

If any notice is returned undelivered by the U.S. post office, official action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of return.

(d)

No vehicle that has been removed by the city or on behalf of the city under this article may be reconstructed or made operable after it has been removed.

(e)

Any order requiring the removal of the vehicle or vehicle part must include:

(1)

For a motor vehicle, the vehicle's:

a.

Description;

b.

Vehicle identification number; and

c.

License plate number;

(2)

For an aircraft, the aircraft's:

a.

Description; and

b.

Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; and

(3)

For a watercraft, the watercraft's:

a.

Description; and

b.

Identification number as set forth in the watercraft's certificate of number.

(f)

Any vehicle found to be a public nuisance under this article and ordered to be removed and abated shall not be considered to be abated until such time as the vehicle is removed to an authorized location or restored to such a condition that it no longer constitutes a public nuisance under this article.

(g)

If no hearing is requested within the time provided in this section or if a hearing is held and the hearing officer orders that the vehicle be removed and the owner of the vehicle or occupant of the premises shall fail to comply with an order of the court to remove the vehicle, the director of health, or planning and community development shall cause the vehicle to be removed and disposed of in accordance with this article.

(h)

If a hearing is requested and, upon order by the judge of the municipal court or other hearing officer designated of the city council that a junked vehicle be removed as a public nuisance, the director of health, or planning and community development shall cause such junked vehicle to be removed from the premises where it is located at the time.

(i)

Upon such removal the director of health, or planning and community development shall cause the junked vehicle to be transported to a scrapyard, demolisher or other suitable site where the junked vehicle shall be disposed of as scrap or salvage.

(j)

The director of health, or planning and community development may enter private property to examine a vehicle or vehicle part, to obtain information as to the identity of the vehicle or vehicle part and to remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The judge of the municipal court may issue orders necessary to enforcement of this section.

(k)

Upon removal of a junked vehicle under this article, a person authorized to enforce this article shall cause notice to be sent to the state department of motor vehicles not later than five days after the date of removal. Such notice shall identify the vehicle and shall request the state department of motor vehicles to cancel the certificate of title to the vehicle.

(l)

The city manager or the chief of police may arrange for or employ such assistance or means as is necessary to carry out the duties prescribed in this section.

(m)

The regularly salaried full-time city employees authorized to enforce this article may issue citations for violations of this article.

(Code 1967, § 18-84; Ord. No. 2559, § 2, 10-12-78; Ord. No. 6531, § 2, 2-11-93; Ord. No. 7717, § 8, 6-13-96; Ord. No. 9034, § 2, 11-9-00; Ord. No. 9319, § 3, 2-14-02; Ord. No. 12,948 , § 3, 8-27-15)

State law reference

Abatement of nuisance, V.T.C.A., Transportation Code § 683.074 et seq.