(A) (1) Whenever it is brought to the attention of the Chief of Police that a public nuisance upon private property exists in the city in violation of Tex. Transportation Code § 683.073, the Chief of Police shall give or cause to be given, in writing, a ten-day notice, stating the nature of the public nuisance and that it must be removed and abated within ten days after the date on which the notice was mailed, and that a request for a hearing must be made before the expiration of the ten-day period.
(2) The notice shall be mailed by certified mail with a five-day return requested, to the last known registered owner of the nuisance, each lien holder of record of the nuisance and the owner or occupant of the property on which the public nuisance is located.
(3) If the notice is returned undelivered by the United States Postal Service, official action to abate the public nuisance shall be continued to a date not less than 11 days from the date of the return.
(B) Whenever it is brought to the attention of the Chief of Police that a public nuisance upon public property exists in the city in violation of Tex. Transportation Code § 683.073, the Chief of Police shall cause to be given a notice, setting out the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten days after the date on which the notice was mailed, and that a request for a hearing must be made before the expiration of the ten-day period. The notice shall be mailed by certified mail, with a five-day return requested, to the last known registered owner of the nuisance, each lien holder of record of the nuisance and the owner or occupant of the public premises or the owner or occupant of the property adjacent to the public right-of-way upon which the public nuisance exists. If the post office address of the last known registered owner of the vehicle is unknown, notice to that owner may be placed on the vehicle; or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undeliverable by the United States Postal Service, official action to abate the public nuisance shall be continued to a date not less than 11 days after the return.
(C) A public hearing shall be had prior to the removal of the vehicle or part as a public nuisance and shall be held before the Municipal Judge when the hearing is requested by the owner or occupant of the premises upon which the vehicle is located within 11 days after service of notice to abate the nuisance. Any order requiring the removal of the junked vehicle or part shall include a description of the vehicle and the correct identification number and license plate number of the vehicle, if available at the site. Unless otherwise demonstrated by the owner, it shall be presumed at the hearing that the junked vehicle is inoperable.
(2012 Code, § 84-247)