Junked Vehicles

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The presence of any number of junk vehicles can threaten the character and safety of a city. They may cause deterioration of neighborhoods partly due to visual blight, which affects property values. In addition to being an eyesore, these vehicles damage the environment and attract more illegal dumping.  In most cases people don’t intend to create a problem by having a junk vehicle on their property.  A vehicle may start out as a project or fixer upper but never reaches completion and then may take on sentimental value keeping an owner from letting go. Inoperable and unregistered vehicles must be stored in an enclosed structure such as a garage or shed. Any abandoned/junk vehicle or a vehicle being repaired or restored is required to be stored in a fully enclosed and non-visible location at all times. Car covers and tarps are not acceptable.

Junked vehicle means a vehicle, as defined in Texas Transportation Code § 683.071, that is self-propelled and:
       (1) Displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and
      (2) Is wrecked, dismantled or partially dismantled, or discarded; or
      (3) Is 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.

Code Enforcement Officers will place a green notice sticker on the most visible area of a vehicle meeting the above criteria as a junk vehicle. You may also receive notification by certified letter.  The owner of the vehicle must then repair or remove the vehicle. If the owner does not comply within the specified time frame, the vehicle will be removed

Ingleside Ordinance Regarding Junked Vehicles

You may access the full City of Ingleside Code of Ordinances by clicking here.

Sec. 30-61. – Junked vehicles declared public nuisance and criminally punishable under state law.

(a)    Texas Transportation Code § 683.072 provides and it is also hereby declared, found and determined that a junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state and the city of Ingleside by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, including the city of Ingleside, and is a public nuisance.

(b)   A person commits an offense under Texas Transportation Code § 683.073 if that person maintains a public nuisance as described by Texas Transportation Code § 683.072. Texas Transportation Code § 683.073 provides that a person who commits an offense under § 683.073 is, on conviction, subject to a fine not to exceed $200.00 and that on conviction the court, which is the municipal court in Ingleside, shall order removal and abatement of the nuisance.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-62. – Adoptions of administrative procedures for abating junked vehicle nuisance and appointment of Administrator.

(a)    Pursuant to Texas Transportation Code § 683.074, the city adopts the procedures in sections 30-62 through 30-68 for the abatement and removal of a junked vehicle or a part of a junked vehicle as a public nuisance, from private property, public property, or public rights-of-way.

(b)   The city manager and/or any other regular, full time, salaried employees of the city designated by the city manager shall administer these procedures, except that the manager or his designee may appoint any person to remove the junked vehicles. The person administering these procedures may hereinafter be called the “administrator”, whether the manager or his designee.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-63 – Notices.

(a)    For a nuisance on private property, a notice (the “initial notice”) shall be given stating the nature of the public nuisance on private property, that it must be removed and abated not later than the tenth day after the date on which the notice was mailed, left on the vehicle, or hand delivered, as applicable, and that any request for a hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the vehicle, each lienholder of record, and to the owner or occupant of the private premises on which the vehicle is located. If the post office address of the last known registered owner of the vehicle is unknown, notice to the last known registered owner may be placed on the vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice 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 the return. A mailed notice is deemed to have been given on the date it is deposited into an official depository of the U.S. mail. A notice which is placed on the vehicle is deemed to have been given on the date it is placed on the vehicle. A notice which is hand delivered is deemed to have been given on the date of delivery.

(b)   For a nuisance on public property or public right-of-way, a notice (the “initial notice”) shall be given stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated not later than the tenth day after the date on which the notice was mailed, left on the vehicle, or hand delivered, as applicable, and that any request for a hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the vehicle, each lienholder of record, and, if the vehicle is located on a public right-of-way, to the owner or occupant of the private premises adjacent to the public right-of-way on which the vehicle is located. If the post office address of the last known registered owner of the vehicle is unknown, notice to the last known registered owner may be placed on the vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice 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 the return. A mailed notice is deemed to have been given on the date it is deposited into an official depository of the U.S. mail. A notice which is placed on the vehicle is deemed to have been given on the date it is placed on the vehicle. A notice which is hand delivered is deemed to have been given on the date of delivery.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-64. – Public hearing/finding and orders of administrator.

(a)    If the nuisance is not removed and abated within the ten days after the initial notice is given, the administrator will hold a public hearing in order to determine whether or not the vehicle is in fact a junked vehicle and in violation of section 30-61. The hearing shall not be held any earlier than the eleventh day after the date the initial notice was given. If a request for hearing is made by any person entitled to initial notice, the administrator shall give notice of the hearing to the person requesting the hearing.

(b)   Such hearing shall not be criminal in nature and shall be as summary as due process and orderly procedure allows. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. Rules of evidence as in administrative hearings shall be followed. If a respondent appears at the hearing, then, upon finding that such vehicle is a junked vehicle and is in violation of section 30-61 Ingleside Code, the administrator shall order (1) that the respondent immediately, or within such longer time as the administrator deems reasonable, remove the vehicle from the premises and abate such nuisance, and (2) that, if the respondent shall fail to remove the vehicle and abate the nuisance within the time ordered, the chief of police and/or other person designated by the administrator shall take possession of such vehicle and remove it from the premises. If the respondents do not appear at the hearing, then, upon finding that such vehicle is a junked vehicle and is in violation of section 30-61 Ingleside Code, the administrator shall order that the chief of police and/or other person designated by the administrator take possession of such vehicle and remove it from the premises. The administrators order shall include a description of the vehicle, including, if available at the site, the current motor vehicle identification number and license plate number of the vehicle.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-65. – Miscellaneous/junked vehicles.

(a)    No junked vehicle may be reconstructed or made operable after it has been removed by the city.

(b)   Notice identifying the vehicle or the part of the vehicle which was removed, including, if available at the location from which the vehicle was removed, the motor vehicle identification number and license plate number, must be given to the Texas Department of Transportation not later than the fifth day after the date of removal by the city.

(c)    The administrator may enter private property to examine a public nuisance, to obtain information in order to identify the nuisance, and to remove or direct removal of the nuisance.

(d)   The relocation of a junked vehicle that is a public nuisance to another location in Ingleside after a proceeding for the abatement and removal of the public nuisance has commenced will have no effect on the proceeding, if the junked vehicle constitutes a public nuisance at the new location.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-66. – Disposal of junked vehicles.

A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or any suitable site, if any, operated by the city or San Patricio County for processing as scrap or salvage.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-67. – Effect of division on other sections of Code.

This division does not affect a law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property.

(Ord. No. 802, § 2, 6-26-01)

Sec. 30-68. – Exemptions from junked vehicle regulations.

These provisions regarding junked vehicles do not apply to a vehicle or vehicle part 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; a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or 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, Texas Transportation Code § 683.077.

(Ord. No. 802, § 2, 6-26-01)