§ 12-65. Procedures for abatement of public nuisance.

The city secretary, code enforcement officer, county sheriff's office, or other authorized official, when desiring for the abatement and removal of a junked vehicle or part of a junked vehicle from private property, public property or public rights-of-way, shall comply with the following procedures:

(1)

A written notice stating the nature of the public nuisance on private property and that it must be removed and abated within ten (10) days of the date the letter was mailed or personally delivered, and further stating that any request for a hearing must be made before the expiration of said ten-day period, shall be mailed, by certified mail with a five-day return receipt requested or personal delivery, to the last known registered owner of the nuisance, each lien holder of record of the nuisance and the owner or occupant of the property on which the nuisance is located; or if the nuisance is located on a public right-of-way, to the owner or occupant of the property adjacent to the right-of-way. If the notice is returned undelivered by the United States Post Office, official action to abate such nuisance shall be continued to a date not earlier than the eleventh day after the date of the return;

(2)

The requirements of subsection (1) above shall also apply to the case of a public nuisance on public property and similar notice shall be sent to the owner or the occupant of the public premises and to the owner or the occupant of the premises adjacent to the public property whereupon such public nuisance exists.

(3)

If sufficient information is not available to determine the registered owner of the nuisance, after reasonable effort to locate the owner, notice may be placed on the nuisance.

(4)

Once a vehicle has been removed under the provisions of this section, it shall not be reconstructed or made operable.

(5)

If the vehicle is not removed or otherwise brought into compliance, a public hearing will be held after the expiration of ten (10) days or more after mailing or personal delivery of notice to abate the nuisance. A hearing will be held prior to the removal of the vehicle, or part thereof as a public nuisance, before the city administrator. At the hearing, the junked motor vehicle is presumed to be inoperable, unless demonstrated by the owner to be operable. Should the city administrator find that such vehicle is a public nuisance as defined herein, he/she shall enter an order requiring the removal of the vehicle or part thereof from the public or private property or public right-of-way where it is situated, and such order shall include a description of the vehicle, identification number, and license number of the vehicle, if available. Any aggrieved city officer, owner or lien holder may appeal any such decision of the city administrator to the city council.

(6)

The county sheriff's department or other authorized official shall give notice to the Texas Department of Transportation within five (5) days after the date of the removal of a junked vehicle by the department, identifying the vehicle or part thereof.

(7)

The administration of the procedures of this division shall be carried out by regularly compensated, full time employees of the city, except that the removal of vehicles or parts thereof from property may be accomplished by any other duly authorized person, including authorized wrecker service operators acting at the direction of the city.

(8)

If the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided, in addition to any other procedure authorized by the division, a complaint may also be filed in municipal court for the violation of maintaining a public nuisance; provided that such notice shall not be a requirement for any such complaint being filed in municipal court.

(Ord. No. 2006-19, § 3, 11-13-2006)