§ 8. JUNKED VEHICLES

A.

DEFINITIONS

The following terms whenever used or referred to in this section shall have the following respective meaning unless a different meaning clearly appears from the context:

(1)

City shall mean the City of Santa Fe, Texas.

(2)

Police Department shall mean the police department of the city.

(3)

Demolisher means any person whose business is to convert the motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle motor vehicles.

(4)

Junked Vehicle means a motor vehicle as defined in Section 1, Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes) which is inoperative and which does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate and which is wrecked, dismantled, partially dismantled or discarded, or which remains inoperable for a continuous period of more than forty-five (45) days.

(Subsection A(4) amended by Ordinance No. 08-86 of June 12, 1986)

(5)

Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.

B.

JUNKED VEHICLES DECLARED A PUBLIC NUISANCE

Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the State of Texas, and such vehicles are therefore, declared to be a nuisance.

C.

UNLAWFUL TO CREATE OR TO MAINTAIN SUCH NUISANCE

It shall be unlawful for any individual, company or corporation to leave or permit to remain upon public or private property (except as hereinafter provided), within the City of Santa Fe, Texas, any junked vehicle or parts or portion thereof, for any period of time in excess of ten (10) days.

D.

NOTICE BY CHIEF OF POLICE OF THE CITY; PUBLIC HEARING

(1)

Whenever it is brought to the attention of the chief of police of the City of Santa Fe, Texas, that a nuisance, as defined herein, exists on private property in the City of Santa Fe, the chief of police shall give or cause to be given, in writing, a ten (10) day notice stating the nature of the public nuisance on private property and that it must be removed and abated within ten (10) days; and further that a request for a hearing must be made before the expiration of said ten-day period, said notice to be mailed by certified mail with a five (5) day return receipt requested to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private premises on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.

(2)

Whenever it is brought to the attention of the chief of police of the City of Santa Fe, Texas, that a nuisance, as defined herein, exists on public property in the City of Santa Fe, the chief of police shall give or cause to be given, in writing, a ten (10) day notice stating the nature of the public nuisance on public property or on a public right-of-way and that it must be removed and abated within ten (10) days; and further that a request for a hearing must be made before the expiration of said ten-day period, said notice to be mailed by certified mail with a five (5) day return receipt requested to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the public premises on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.

(Subsection D(1) and (2) amended by Ordinance No. 08-86 of June 12, 1986)

(3)

A public hearing shall be had prior to the removal of the vehicle or part thereof as a public nuisance, the same should be held before the municipal judge of the City of Santa Fe, when such hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance. Any resolution or order requiring the removal of the vehicle or part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available at the site.

(Subsection D(3) is added by Ordinance No. 08-86 of June 12, 1986)

E.

ORDER BY MUNICIPAL JUDGE

(1)

After the hearing is held by the judge of the municipal court of the City of Santa Fe, as herein provided, if said municipal judge finds that such a nuisance as herein defined exists, he shall order the owner or occupant of the premises on which said vehicle is located to remove such junked vehicle within ten (10) days after said order is given to such owner or occupant of the premises on which said vehicle is located.

(2)

It shall be unlawful and a violation of this section for any such person to whom such order is given to fail or refuse to comply therewith and to remove such junked vehicle within the time provided by said order.

F.

DUTY OF OWNER OR OCCUPANT OF THE PREMISES

In the event the owner or occupant of the premises does not request a hearing as hereinabove provided, it shall be his duty to comply with the provisions of the notice given him and to abate such nuisance within ten (10) days after the date of the receipt of such notice.

G.

VEHICLES NOT TO BE MADE OPERABLE

After a vehicle has been removed in accordance with or under the terms and provisions of this section, it shall not be reconstructed or made operable.

H.

NOTICE TO TEXAS HIGHWAY DEPARTMENT

Notice shall be given to the State Department of Highways and Public Transportation within five (5) days after the date of removal identifying the vehicle or part thereof. The notice shall identify the vehicle or vehicle part.

(Subsection H amended by Ordinance 08-86 of June 12, 1986)

I.

WHERE SECTION DOES NOT APPLY

This section shall not apply to:

(1)

A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(2)

A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard.

J.

ADMINISTRATION OF SECTION

The administration of this section shall be by regularly salaried, full-time employees of the City of Santa Fe, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

K.

REMOVAL OF VEHICLE

Within ten (10) days after notice has been delivered to the owner or occupant of the premises on which a junked vehicle is located if a hearing is not requested, or if a hearing is requested, within ten (10) days after an order requiring the removal of such junked vehicle has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the chief of police of the City of Santa Fe or members of the police department of the city, acting under the direction of the chief of police, and if said nuisance has not been abated; shall remove or cause to be removed the vehicle which was the subject of such notice to a suitable city storage area designated by the mayor of the City of Santa Fe, Texas. Such vehicle shall be stored in such storage area for a period of not less than ten (10) days during which period any party owning or claiming any rights, title, or interest therein shall be entitled to claim possession of same by the payment to the City of Santa Fe, Texas, the actual cost to the city of abating such nuisance. The chief of police may in such cases, if he deems it necessary, require such person to post bond of not more than fifty dollars ($50.00) nor less than twenty-five dollars ($25.00) conditioned that such person will not use said vehicle to create another nuisance in the City of Santa Fe.

L.

SALE OR DISPOSAL OF VEHICLES

When any junked vehicle has remained in the storage area provided in subsection K hereof, for not less than ten (10) days, it shall be the duty of the chief of police of the City of Santa Fe, Texas, to dispose of same by removal to a scrap yard or by sale to any suitable site operated by the city for processing as scrap or salvage.

M.

PROCEEDS OF SALE; DEMOLITION

(1)

Out of the proceeds of same the chief of police shall pay for the cost of removal and storage, and the balance, if any, shall be paid to the person entitled thereto (either owner or lienholder).

(2)

If there is not a bid or offer for the junked vehicle, the chief of police may dispose of same by causing it to be demolished or removed to a place provided by the city council, or by permitting it to be removed by a demolisher who is willing to do so for the benefit of the junk or parts he can salvage.

N.

CHIEF OF POLICE MAY DELEGATE

Wherever the chief of police is charged with the enforcement of this section, he may delegate said authority to any regularly salaried employee of the police department of the City of Santa Fe.

O.

PURVIEW OF THIS SECTION

It is not intended by this section to make provisions pertaining to abandoned motor vehicles as that term is defined by the "Texas Abandoned Motor Vehicle Act."

(Ordinance 9-79, sections 10-24, of July 12, 1979)