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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)
(a) A person who violates a provision of this article, or who fails to perform a duty required of him under this article, commits an offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.
(b) An offense under this article is punishable by a fine of not more than $200.
(c) As an alternative to imposing the criminal penalty prescribed in Subsection (b), the city may impose administrative penalties, fees, and court costs in accordance with Article IV-b of Chapter 27 of this code, as authorized by Section 683.0765 of the Texas Transportation Code, for an offense under this article. The alternative administrative penalty range for an offense is the same as is prescribed for a criminal offense in Subsection (b). (Ord. 25927)