The following procedures are established for the abatement and removal of junked vehicles or parts thereof, as public nuisances, from private property or public property.
(A) Ten days written notice shall be given by the Chief of Police or designate to be mailed by certified or registered mail with a five-day return requested to the owner or the occupant of the premises whereupon the public nuisance exists, stating the nature of the public nuisance and that it must be removed and abated within ten days, and further that a request for a hearing must be made in writing before the expiration of the ten-day period, addressed to the Chief of Police. If the notice to remove or abate is returned undelivered by the United States Post Office service, official action to abate the nuisance shall be continued to a date not less than ten days from the date of the return.
(B) (1) A request for a public hearing shall be in writing and shall be addressed to the Municipal Judge of the city, within ten days after service of notice to abate the nuisance. A public hearing, when requested, shall be held before the Judge of the Municipal Court.
(2) At the public hearing, the Municipal Judge shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time.
(C) (1) Following the public hearing, the Municipal Judge shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the municipal judge finds that a public nuisance does exist and there is sufficient cause to abate the nuisance, and if the notice requirements provided for herein have been met, the municipal judge shall make a written order setting forth his or her findings and ordering that the nuisance be abated.
(2) The order shall include a description of the vehicle and a correct identification number if the information is available at the site of the vehicle, and shall state that the vehicle shall be disposed of in accordance with Tex. Transp. Code, Ch. 683, Subchapter E.
(Ord. 6-1-00, passed 6-1-2000)