(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, not less 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 as shown on the certificate of title.
(2) Any lienholder of record.
(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 shall be mailed, by certified mail with five-day return requested, and if the vehicle is reasonably accessible, also by posting a copy of such notice to the front windshield, and shall state the following:
(1) The nature of the public nuisance.
(2) That it must be removed and abated not later than the tenth day after the date on which the notice was mailed.
(3) That any request for a hearing must be made in writing before the ten day period expires.
(4) That failure to abate the nuisance, request a hearing or attend the hearing, if requested, constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to disposal for the junked vehicle under the terms of the Texas Transportation Code concerning the disposal of junked vehicles.
(C) If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle, or, if the owner is located, hand delivered.
(D) If any notice is returned undelivered by the United States Post Office, the validity of the notice is not affected, and the notice is considered as delivered, however, official action to abate the nuisance shall be continued to a date not earlier than 11 days after the date of the return of the notice.
(Ord. 1187, passed 1-26-98; Am. Ord. 1372, passed 10-8-01)
Cross reference:
Fire Marshal, see §§ 33.15 et seq.