Chapter 18. Junked and Abandoned Property

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Junked vehicle means a motor vehicle as defined in V.T.C.A., Transportation Code § 683.071.

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

Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are hereby declared to be detrimental to the safety and welfare of the general public. Such junked vehicles tend to reduce the value of 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 city by producing urban blight which is adverse to the maintenance and continuing development of the city. Such junked vehicles are hereby declared to be a public nuisance.

The maintenance of any nuisance existing under this section shall constitute a violation of this Code and may be punished in accordance with the provisions of this Code, and the city may seek the abatement and/or punishment for such a nuisance in any court of competent jurisdiction.

The city council hereby adopts the following procedures for the abatement of the public nuisance defined above, as authorized by V.T.C.A., Transportation Code § 683.071 et seq., to wit:

(a) Administration. This article shall be administered by the city manager or any other regularly salaried, full time employees of the city designated by him. However, the removal of vehicles or parts thereof from property may be performed by any other person designated in writing by the city manager.

(b) Notice to owner. For a nuisance on either private property or public property, ten day's notice shall be given, which notice shall state:

(1) The nature of the public nuisance on private property, on public property or on a public right-of-way;

(2) That the nuisance must be removed and abated within ten days;

(3) That a public hearing before the city council may be requested, provided that such request if filed, in writing, in the office of the city clerk prior to the expiration of such ten day period; and

(4) If the post office address of the last registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered.

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

If any notice, as above required, is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days after the date of such return.

(c) Hearing. A public hearing shall be held prior to the removal of the vehicle or vehicle part as a public nuisance. If a request for hearing is filed within ten days after service of notice to abate the nuisance, the public hearing shall be held before the city council of the City of Bellaire. Notice of such hearing shall be posted on the city's official bulletin board in accordance with the Texas Open Meetings Law, and a copy of such notice shall be mailed to the party requesting such hearing at least three days prior to the commencement of the hearing. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable.

(d) Order. At the conclusion of the hearing, the city council may, by order, require the removal of such junked vehicle or part thereof. Such order shall specify the date by which removal shall be accomplished and shall include a description of the vehicle and the correct identification number and license number of the vehicle if such identification number and license number are available at the site.

If the city council declines to enter such an order or if no action is taken by the city council, the proceedings shall be abated and no further action shall be taken by the chief of police or his designated employees with regard to the abatement of such public nuisance.

(e) Removal. When the owner or occupant has failed to abate a nuisance within ten days after service of notice to abate the nuisance and no request for a hearing has been filed within such ten day period, the city may file a complaint in a court of competent jurisdiction seeking a declaration of public nuisance and an order permitting the city to abate the same. Upon order of such court or, in the case of hearing and order of the city council, when the owner or occupant has failed to abate a nuisance within the period of time provided in such order, the city manager or his designated employee shall arrange for the removal of the junked vehicle or part thereof, either by such city employee or by any other duly authorized person. The junked vehicle or part thereof shall be removed to a location designated by the city manager.

It is specifically provided that any junked vehicle or part thereof which has been removed under the terms of this article shall not be reconstructed or made operable after the same has been removed.

(f) Notice to state. Notice of such removal shall be given by the city manager or other designated employee to the state department of highways and public transportation not later than the fifth day after the date of removal. Such notice shall cite this article and shall set forth all identification numbers and description of the vehicle or parts thereof as may be available at the site and shall request cancellation of the certificate of title to such vehicle, pursuant to the Certificate of Title Act.

(Ord. No. 91-101, §§ 1, 2, 12-16-1991)

The city manager or other designated city employee shall arrange for the disposal of junked vehicles or parts thereof in accordance with V.T.C.A., Transportation Code § 683.078, providing for removal to a scrapyard, demolisher or any suitable site operated by the city for processing as scrap or salvage.

This article shall not apply to:

(a) A junked 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

(b) A junked 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 junkyard; or

(c) An unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in a manner so 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.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle means a motor vehicle that is inoperable and more than five years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle left unattended on right-of-way of a designated county, state or federal highway for more than 48 hours.

Abandoned property, other than a motor vehicle, means any such property lying and remaining unattended on any of the public streets, alleys, sidewalks, parks, grounds or ways of the city for 48 or more continuous hours.

Abandoned motor vehicles and abandoned property are hereby declared to be a detriment and a menace to traffic and a hazard to the health, safety and well being of the residents and citizens of the community, and the same shall constitute a nuisance per se.

The maintenance of any nuisance existing under this section shall constitute a violation of this Code and may be punished in accordance with the provisions of this Code, and the city may seek the abatement and/or punishment for such a nuisance in any court of competent jurisdiction.

(a) Whenever any vehicle, which is not disabled, is found standing upon the paved, main-traveled portion of a street when it is possible to move such vehicle off the same, any police officer of the City of Bellaire Police Department is hereby authorized to move such vehicle, or to require the driver or other person in charge of the vehicle to move the same, to a position off the paved, main-traveled portion of such street.

(b) Any police officer of the City of Bellaire Police Department is hereby authorized to provide for the removal of any vehicle parked or standing in or on any portion of a street or highway when, in the opinion of the police officer, the vehicle constitutes a hazard or interferes with a normal function of a governmental agency or, by reason of any catastrophe, emergency or unusual circumstance, the safety of said vehicle is imperiled.

(a) Pursuant to state law, the City of Bellaire Police Department may take into custody any abandoned motor vehicle found on public or private property. Any police officer of the City of Bellaire Police Department is further hereby authorized to provide for the removal of any vehicle from a public street, alley, sidewalk, park, grounds or way, to a garage or place of safety, under any of the following enumerated circumstances:

(1) When any vehicle is left unattended upon any bridge, viaduct or causeway or in any other public place where such vehicle constitutes an obstruction to traffic;

(2) When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to another point on the street or highway;

(3) When any vehicle is found upon a street or highway and it has been previously reported that such vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled;

(4) When any police officer has reasonable grounds to believe that any vehicle has been abandoned;

(5) When any vehicle upon a street is so disabled that its normal operation is impossible or impracticable and the person or persons in charge of the vehicle either are not in the immediate vicinity of the disabled vehicle or are so incapacitated by reason of physical injury or other reason as to be unable to provide for its removal and custody;

(6) When any police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is required, either by this Code or other law, to take the person arrested immediately before a magistrate; or

(7) When any vehicle is illegally parked in violation of any ordinance of the city or any law of the state.

(b) For any vehicle impounded pursuant to the provisions of subsection (a) of this section, the City of Bellaire and its police department shall comply with all procedures specified in state law pertaining to notification of owners and lienholders and to storage, redemption and auction of abandoned motor vehicles.

(c) The redemption of a vehicle and payment of all charges, fees and costs incurred by the city in the impoundment of the same shall not constitute a waiver or dismissal of any fine due for violation of any ordinance or law by reason of the unlawful parking of the vehicle. If the owner of such motor vehicle so desires, he/she may pay the fine established for such offense at the time of payment of all other charges and costs herein, and a receipt shall be issued therefor.

In the event that the owner does not desire to pay such fine and shall demand that such case be heard before the municipal court, he may obtain the release of the motor vehicle by posting security in the amount of all charges, fees and costs plus the amount of such fine. Such security shall be in the form of cash, cashier's check, certified check or money order. The receipt for such security, to be signed by the owner and the chief of police or his designee, shall authorize the city to apply such security in satisfaction of the impounding charges specified above in the event that the owner or person charged with the violation leading to the impounding of the vehicle shall be found guilty of such charge or shall forfeit any cash security which may have been posted or if a warrant for the arrest of such person has been issued because of his failure to appear in municipal court. In the event that trial results in a finding of not guilty or the charge is dismissed, the security tendered for the release of the motor vehicle shall be refunded, and the city shall assume the obligation to pay all impounding charges.

Unclaimed and abandoned personal property shall be disposed of under the terms, conditions and requirements of V.T.C.A., Code of Criminal Procedure § 18.17.

(a) Abandoned property, removed from public property under this article, shall be stored by the city in a place of safekeeping for a period of 60 days from the date of removal and first storage thereof.

(b) At any time within such 60 day period, the owner of any property may present himself/herself at the police department and demand return of his property. An employee of the city on duty at the police department shall first satisfy himself that such person so claiming such property is the true and lawful owner thereof and is entitled to possession thereof. Such employee may require the person claiming ownership to produce proper identification and any reasonably available proof of ownership, including but not limited to a bill of sale for the property in question.

(c) Upon being so satisfied and obtaining payment from the owner of all charges, fees and costs incurred by the city in the removal and storage of the property, such employee shall cause the property to be released to the owner. The owner shall execute a receipt therefor upon a form provided by the city, and the city's employee shall issue a receipt to the owner for the payment of the fees and charges so collected.

(a) Upon the expiration of 60 days from the date of removal and storage of any abandoned property, the city may undertake to sell such unredeemed property at public sale. The date and time of such public sale, together with a description of the property to be sold, shall be advertised in the official newspaper of the city at least three days prior to the date of the sale; and at such sale, property shall only be sold for the highest and best bid received.

(b) An accurate record of each piece of property sold, the name and address of the purchaser, the price paid therefor, the date of sale and any other pertinent information shall be made and kept on file in the office of the city clerk.

The proceeds from the sale of property under section 18-38 above shall first be applied to payment of all costs of removal, storage and sale as incurred by the city herein. Such sum shall be placed in the general fund of the city and thereafter, shall be disbursed as the city council shall determine and direct.

In the event that the proceeds exceed the total of the costs referenced above, such excess shall then be placed on deposit in a separate fund maintained by the city; and upon demand made by the true owner of such property (having owned such property prior to the date of sale by the city), such excess shall be delivered to said owner. If no demand is made by the true owner for such excess sum within two years from the date of sale, such sum shall become the property of the city and shall be transferred to the general fund of the city to be used as the city council shall determine and direct.

Any motor vehicle or other piece of property which has been offered for sale at public auction or sale and for which no bids have been received, shall, upon a finding by the city council that the same is worthless property, be disposed of by the mayor in such a manner as he deems advisable. A record of the disposition of all such vehicles and property shall be maintained on file in the office of the city clerk, which record shall include a description of the property, the date and manner of disposition and the amount received therefor, if any.

(a) It shall be unlawful for any person to place or permit to remain outside of any dwelling, building, or other structure, or within any warehouse or storage room or any unoccupied or abandoned dwelling, building, or other structure, under such circumstances as to be accessible to children, any ice box, refrigerator, or other airtight or semi-airtight container which has a capacity of 1½ cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with a latch or other fastening device capable of securing such door or lid shut.

(b) The building official, or his duly authorized representative, shall enforce the provisions of this section.

(c) Any person violating this article shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $5.00 nor more than $200.00, and each act done in violation hereof and each day that such violation continues shall constitute a separate offense and be punished as such.

(Ord. No. 81-068, § 2, 11-2-1981)