Code Enforcement Links

Code Enforcement - Abandoned/Junked Vehicles

City Ordinance, Article 8.06

Definitions:

Abandoned Motor Vehicle

• Any motor vehicle that:
  

(1)     Is inoperable and more than five years old and left unattended on public property for more than 48 hours;

(2)     Has remained illegally on public property for more than 48 hours;

(3)     Has remained on private property without the consent of the owner or person in control of the property for

more than 48 hours; or

(4)     Has been left unattended on the right-of-way of a designated state, county or federal highway for more

than 48 hours.

Junked Vehicle

• Any motor vehicle as defined in V.T.C.A. Transportation Code 683.071 that:
  

(A)     Is inoperative; or

(B)     Does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety

inspection sticker or that is wrecked, dismantled, partially dismantled or discarded.

• Any motor vehicle that remains inoperable and has remained inoperable for more than:
  

(A)     72 consecutive hours, if the vehicle is on public property; or

(B)     30 consecutive days, if the vehicle is on private property.

Declaration of Nuisance:

• A junked vehicle, including a part of a junked vehicle, that is visible from a public place or public right-of-way:
  

(1)     Is detrimental to the safety and welfare of the public;

(2)     Tends to reduce the value of private property;

(3)     Invites vandalism;

(4)     Creates a fire hazard;

(5)     Is an attractive nuisance creating a hazard to the health and safety of minors;

(6)     Produces urban blight adverse to the maintenance and continuing development of municipalities; and

(7)     Is a public nuisance.

Exceptions:

• Procedures adopted under section 683.074 [of the Transportation Code] may not apply to a vehicle or vehicle part:
  

(1)     A vehicle or part of a vehicle that is completely enclosed within a building in a lawful manner where it is

not visible from the street or other public or private property;

(2)     An unlicensed operable or inoperable antique or special interest vehicle stored by a collector on his

property, provided the vehicle and the outdoor storage area are maintained in such a manner that they do

not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly

growing trees, shrubbery or other appropriate means; or

(3)     A motor vehicle or part thereof which is used as a sign for which a sign permit has been issued by the

city, provided the motor vehicle is maintained in such a manner that it does not constitute a health

hazard.

Offenses:

• A person commits an offense if the person maintains a public nuisance described by section 683.072 [of the Transportation Code].
  

• An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00.
  

• The court shall order abatement and removal of the nuisance on conviction.
  

Persons authorized to administer this article (regularly salaried employees of the city police department, or the city code enforcement officer) may enter upon private property for the purposes specified in this article to examine vehicles or parts of vehicles, to obtain information as to identification of vehicles and to remove or cause the removal of a vehicle or parts of a vehicle declared to be a nuisance pursuant to this article.