The procedure for disposition for junked, abandoned and/or legally unusable vehicles, boats and trailers on private property, public property or public right of way shall be as follows:
(A) Private property, public property or public right of way. The city shall furnish not less than ten-days' notice stating the nature of the nuisance on private property and notifying the owner that said property shall be removed and the nuisance abated not later than the tenth day on which the notice was personally delivered or mailed to the owner. Said notice shall be delivered either personally or by certified mail to the last known registered owner of the property and any all lien holders of record concerning the property. In the event that the owner of the property is unknown, said notice may be placed on the property producing the nuisance.
(B) The owner and/or lien holder of record shall have the right to request a public hearing prior to the removal of a vehicle, boat or trailer that is declared a public nuisance. Such requests for hearing must be made within ten days from receipt of the nuisance notice. Any public hearing shall be held in a timely manner before the City Council, but no later than the tenth day upon which such hearing is requested. The City Council may issue any necessary orders to enforce the procedures for the abatement and removal of property the subject of such a hearing.
(C) Notice must be given to the State Department of Highways and Public Transportation not later than the fifth day after the date of removal identifying the vehicle parked there. Said department shall cancel the Certificate of Title issued for the vehicle immediately upon receipt of such notice.
(D) The administration of the procedures herein shall be by the City's Code Enforcement Office and/or any licensed police officer employed by or working on behalf of the city. The removal of any junked, abandoned, or legally unusable vehicle, boat or trailer in violation of this ordinance may be made by any duly authorized person. A citation may be issued and a complaint may be filed in the Municipal Court of Tool, Texas for the violation of maintaining a public nuisance, in the event that said nuisance is not removed and abated and a hearing is not requested within the period provided herein. The city may invoke any and all authority granted by Tex. Transportation Code Ch. 683 and other applicable statutes in the state.
(Ord. 2015-2, passed 5-21-2015)