(A) Prior to any official action being taken to abate and remove a junked vehicle constituting a public nuisance from private property, public property, or public right-of-way, no fewer than ten days’ notice shall be given, except as hereinafter provided, to the following parties:
(1) The last known registered owner of the junked vehicle;
(2) Each lienholder of record; and
(3) The owner or occupant of the property upon which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located.
(B) The notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service, and it shall:
(1) Specify the nature of the public nuisance and its location;
(2) Specify the corrective measure required;
(3) Provide for compliance within ten days from service thereof; and
(4) Inform the owner of the premises, the occupant of the premises, the owner of the vehicle, and any lienholders of the vehicle of their right to a hearing before the municipal judge if notice of a demand for hearing is given in person or in writing within ten days of the city-issued notice.
(C) Failure to abate or remove the nuisance or failure to request a hearing after notice constitutes a waiver by the owner and lienholders of all right, title, and interest in the vehicle, as well as their consent to dispose of the junked vehicle under the terms of the Texas Transportation Code concerning the disposal of junked vehicles.
(D) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the junked vehicle, or, if the owner is located, hand delivered.
(E) If any notice is returned undelivered by the U.S. Post Office and notice has not been delivered as provided above, official action to abate the nuisance shall be continued to a date not earlier than 11 days after the date of the city-issued notice.
(F) If a request for a hearing is made under the provisions of this chapter, no action to remove the vehicle shall be taken pending the hearing.
(Ord. O-15-798, passed 7-20-2015)