§ 10-23. Junked vehicle prohibited; procedures for abatement.

(a)

It is unlawful for a person to maintain a junked vehicle that is located in a place where it is visible from a public place or public right-of-way. Such vehicles are declared to be nuisances. On conviction for an offense under this section, the court shall order the removal and abatement of the junked vehicle.

(b)

In addition to the removal of a junked vehicle pursuant to subsection (a) of this section, the town hereby adopts the following procedures for the abatement of a junked vehicle, or part thereof, that is located where it is visible from a public place or public right-of-way:

(1)

The owner or occupant of the premises on which the vehicle is located, the last known registered owner of the vehicle, and any lien holder of record shall be given notice as provided in V.T.C.A., Transportation Code § 683.075.

(2)

No person may reconstruct or make the vehicle operable after it has been removed as provided herein.

(3)

If a hearing is requested by a person to whom notice is required to be provided as stated in subsection (b)(1) of this section, the town council shall hold a hearing to determine whether the vehicle is a public nuisance as defined herein, and whether it should be removed and abated. The hearing shall be held not earlier than the 11th day 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. If the town council finds that the vehicle is a nuisance, then it may adopt a resolution requiring the removal of the vehicle or vehicle part, which 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.

(4)

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

(5)

It is an affirmative defense to the application of this section if the vehicle or vehicle part is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, if the vehicle or vehicle part is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or if the vehicle is 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.

(6)

The procedures provided herein shall be administered by the town secretary, except the removal of a vehicle as provided herein may be done by anyone acting under the direction of the town secretary or mayor.

(7)

The town secretary may enter private property for the purposes specified in this section to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance.

(Ord. No. 1994-01, § 5, 2-9-1994)