Loading...
(a) Whenever a public nuisance exists on public property, on occupied premises, or on the public right-of-way adjacent to occupied premises within the city in violation of Section 18-20, the director shall order the owner, if the owner is in possession of the premises, or the occupant of the premises, to abate or remove the nuisance.
(b) Whenever a public nuisance exists on unoccupied premises or on the public right-of-way adjacent to unoccupied premises within the city in violation of Section 18-20, and the owner of the premises can be found, the director shall order the owner of the premises to abate or remove the nuisance.
(c) An order issued under Subsection (a) or (b) shall be served upon the last known registered owner of the junked vehicle and any lienholder of record and to the owner or, if the premises are occupied, the occupant of the premises on which the public nuisance exists or the premises adjacent to the public right-of- way on which the public nuisance exists by sending the order by certified mail, five-day return receipt requested, to their addresses as shown on the current city tax rolls or as last recorded with the United States Post Office. If the post office address of the last known registered owner of the junked vehicle is unknown, the order to that person may be placed on the junked vehicle, or, if that person is physically located, the order may be hand delivered. The order shall:
(1) be in writing;
(2) specify the public nuisance and its location;
(3) specify the corrective measures required;
(4) provide for compliance within 10 days after service of notice; and
(5) state that a request for a hearing must be made before expiration of the 10-day period for compliance.
(d) If the last known registered owner of the junked vehicle, any lienholder of record, and the owner or, if the premises are occupied, the occupant of the premises all fail or refuse to comply with the order of the director within the 10-day period after service of notice, the director may take possession of the junked vehicle and remove it from the premises. After removing a junked vehicle, the director shall dispose of the vehicle in such manner as the city council may provide that is consistent with state law, and the vehicle shall not be reconstructed or made operable.
(e) The owner or occupant of the premises may, within the 10-day period after service of notice to abate the nuisance, request the clerk of the municipal court of the city, either in person or in writing and without the requirement of bond, to set a date and time to appear before the judge of the municipal court for a trial to determine whether the person is in violation of this article. The trial shall be set as provided in Section 18-24. If a hearing is requested within 10 days after service of notice to abate the nuisance, then the director shall not order the removal of the junked vehicle until ordered to do so by the judge of the municipal court.
(f) If the owner or, if the premises are occupied, the occupant of the premises fails to either remove and abate the nuisance or to request a hearing within 10 days after service of notice to abate the nuisance, then the director may cause both the removal of the junked vehicle and the filing in municipal court of a complaint for the violation of maintaining a public nuisance. (Ord. Nos. 13900; 14494; 15720; 16367; 20599; 21025)
Upon receiving a request for trial made pursuant to Section 18-22, the clerk of the municipal court shall set a date and a time for trial on the court docket. The clerk of the municipal court shall notify the city attorney of the date and time of the hearing. The city attorney shall cause to be prepared, filed, and served on the defendant a written complaint charging that the owner or occupant of the premises, as the case may be, has violated this article. After service, the complaint shall be on file with the clerk of the municipal court not less than 10 days prior to the date of trial. (Ord. Nos. 13900; 20599)
(a) The judge of the municipal court shall hear any case brought before the court pursuant to this article and shall determine whether the defendant is, in fact, in violation of this article. At the trial it is presumed, unless demonstrated otherwise by the defendant, that the vehicle that is the subject of the complaint is inoperable.
(b) Upon a finding that the defendant is in violation of this article, the defendant is guilty of a misdemeanor and subject to a fine not to exceed $200. The judge of the court shall further order the defendant to remove and abate the nuisance within 10 days.
(c) If the defendant fails or refuses, within 10 days, to abate or remove the nuisance, the judge of the municipal court may issue an order to the director to have the nuisance removed, and the director shall take possession of the junked vehicle and remove it from the premises. The director shall then dispose of the vehicle in such manner as the city council may provide that is consistent with state law, and the vehicle shall not be reconstructed or made operable. (Ord. Nos. 13900; 19963; 20599; 21025)
If, within 10 days after receipt of notice from the director to abate the nuisance, the owner or occupant of the premises gives written permission to the director for removal of the junked vehicle, the giving of the permission shall be considered compliance with the provisions of this article. (Ord. Nos. 13900; 20599)
(a) If there is a junked vehicle on public property, on private premises that are occupied or unoccupied, or on the public right-of-way adjacent to occupied or unoccupied premises and the owner or occupant of the premises, or the last known registered owner of the junked vehicle, or any lienholder of record cannot be found and notified to remove the vehicle, then, upon a showing of the facts to the judge of the municipal court, the court may issue an order to the director to have the vehicle removed, and the director shall take possession of the junked vehicle and remove it.
(b) If the notice required in Section 18-22 is returned undelivered by the United States post office, then after 10 days from the date of the return, the court may issue an order to the director to have the junked vehicle removed, and the director shall take possession of the vehicle and remove it.
(c) The director shall, after removing the vehicle in compliance with a court order issued pursuant to Subsection (a) or (b), dispose of the junked vehicle in the manner provided by the city council that is consistent with state law, and the vehicle shall not be reconstructed or made operable. (Ord. Nos. 13900; 14494; 20599)
Notice shall be given to the Texas Department of Highways and Public Transportation within five days after the date of removal of any junked vehicle as provided in this article, identifying the vehicle or vehicle part. (Ord. Nos. 13900; 20599)
Loading...