(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)