(A) The owner of the vehicle or occupant of the premises may, within the ten-day period after the service of notice required by § 93.04(B) 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 public hearing to determine whether the person is in violation of this division. If a hearing is requested within ten days after service of notice to abate the nuisance, the junked vehicle shall not be abated by the city until ordered to do so by the judge of the municipal court.
(B) At the public hearing, the hearing officer shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city employees and interested persons relative to such alleged public nuisance. The hearing may be continued from time to time.
(C) At the hearing the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(D) Following the public hearing, the hearing officer shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a public nuisance as alleged. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, and that notice requirements provided in this division have been met, the hearing officer shall make a written order setting forth his findings and ordering that the nuisance be abated.
(E) If the information is available at the location of the nuisance, the order requiring removal of the nuisance must include the vehicle's:
(1) Description;
(2) Vehicle identification number;
(3) License plate number; and
(4) A statement that the vehicle will be disposed of in accordance with the Texas Transportation Code.
(Ord. 1187, passed 1-26-98; Am. Ord. 1372, passed 10-8-01)