§ 46-187. Procedures for abating nuisance; exception.  


Latest version.
  • (a)

    Notice.

    (1)

    The city shall give not less than ten days' notice stating:

    a.

    The nature of the public nuisance;

    b.

    That the nuisance must be removed and abated not later than the tenth day after the date on which the notice was personally delivered or mailed; and

    c.

    That a request for a hearing must be made before expiration of the ten-day period.

    (2)

    For a nuisance on private property, the notice shall be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists.

    (3)

    For such nuisance on public property or within the public right-of-way, the notice shall be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record, and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists.

    (4)

    If the mailing address of the last registered owner of the vehicle is unknown, notice shall be placed on the nuisance or, if the owner is located, personally served.

    (5)

    If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.

    (b)

    Hearing.

    (1)

    A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the city manager or the designee of the city manager.

    (2)

    If a hearing is requested by any person entitled to receive notice of the nuisance within ten days after service of notice to abate the nuisance, such hearing shall be heard not earlier than the 11th day after the date or service of the notice.

    (3)

    The vehicle which is the subject of the junked vehicle hearing is presumed, unless demonstrated otherwise by the owner, to be inoperable.

    (4)

    The relocation of a junked vehicle that is a public nuisance to another location within the city, after a proceeding for the abatement and removal of such junked vehicle has commenced, has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.

    (c)

    Order of removal.

    (1)

    The vehicle may not be reconstructed or made operable after it has been removed.

    (2)

    An order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.

    (3)

    Notice shall be given to the Texas Department of Transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle or vehicle part, so that the department can comply with the statutory requirement that it immediately cancel the certificate of title to the vehicle.

    (4)

    A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, demolisher, or any suitable site operated by the city for processing as scrap or salvage. The process of disposal must comply with subsection (b)(3). The city may transfer the vehicle or vehicle part to a disposal site if the disposal is only as scrap or salvage.

    (d)

    The procedures in this section shall be administered by regularly salaried, full-time employees of the city, except that the removal of a vehicle or vehicle part from property may be by any duly authorized person.

(Ord. No. O-39a-06, § V, 11-13-2006)

State law reference

Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.09.