Junk Vehicles
Junked vehicles, including parts of a junked vehicle, which are located in any place where they are visible from a public place or 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, and 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, and such vehicles are, therefore, declared to be a public nuisance.
Junked Vehicle
A vehicle that:
(A) Is self-propelled; and
(B) Is:
(i) Wrecked, dismantled or partially dismantled, or discarded; or
(ii) 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.
(2) For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(A) A motor vehicle that displays an expired license plate or does not display a license plate;
(B) An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47; or
(C) A watercraft that:
(i) Does not have lawfully on board an unexpired certificate of number; and
(ii) Is not a watercraft described by section 31.055, Parks and Wildlife Code.
Abandoned Motor Vehicle
An Abandoned Motor Vehicle is a:
- motor driven or propelled vehicle required to be registered under the laws of this state
- trailer or semitrailer other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds
- travel trailer
- off-highway vehicle:
- an all-terrain vehicle or recreational off-highway vehicle
- a sand rail
- a utility vehicle
- motorcycle or moped that is not required to be registered under the laws of this state
- Which is inoperable, more than five (5) years old, and has been left unattended on public property for more than forty-eight (48) hours.
- Remained illegally on public property for more than forty-eight (48) hours
- Remained on private property without the consent of the owner or person in charge of the property for more than forty-eight (48) hours
- Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than forty-eight (48) hours
- Has been left unattended for more than twenty-four (24) hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation or a controlled access highway
- Is considered an abandoned motor vehicle under Section 644.153 (r) of the Texas Transportation Code
Junk Vehicle
A Junk Vehicle shall be a motor vehicle, aircraft, or watercraft which is self-propelled unlike that of an Abandoned Motor Vehicle which includes trailers, semitrailers, and/or travel trailers.
The self-propelled Junk Vehicle shall be: wrecked, dismantled or partially dismantled, or discarded or inoperable and has remained inoperable for more than:
- seventy-two (72) consecutive hours, if the vehicle is on public property
- thirty (30) days, if the vehicle is on private property
The Junk Vehicle shall also:
- display a expired license plate or does not display a license plate,
- be an aircraft which does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in fourteen (14) C.F.R. Part 47
- be a watercraft that does not have lawfully on board an unexpired certificate of number
The Code Enforcement Department does not have the authority to address Abandoned Vehicles.
For Abandoned Vehicles, please contact the Snyder Police Department at: 325-573-0261
For information regarding Abandoned Vehicles, the Texas Department of Motor Vehicles has further useful information. Texas Department of Motor Vehicles - Abandoned Vehicles
Sec. 8.04.003
It shall be unlawful for any person, individual, company or corporation to maintain, possess, or locate any junked vehicle, or parts or portions thereof, within the city in violation of this article.
Sec. 8.04.004
(a) The city is hereby authorized to administer the provisions of this article and, for that purpose, to determine the existence of junked vehicles as nuisances, may enter upon private property to examine vehicles or parts thereof, to obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article.
(b) The municipal court shall have authority to issue all orders necessary to enforce this article.
(c) When the city has determined that any motor vehicle, or part thereof, is a junked vehicle, then it shall further determine the name of the owner thereof, if such ownership information is available, and shall determine the name of the owner or occupant of the premises on which the vehicle is located, if it is on private property.
Sec. 8.04.005
(a) The city shall give notice to the owner of the junked vehicle, if the ownership thereof has been determined, and shall give notice to the owner or occupant of the premises on which the vehicle is located, if it is on private property, as follows:
(1) Such notice shall state the nature of the public nuisance.
(2) Such notice shall inform the owner of the vehicle, or the owner or occupant of the premises, as may be applicable, that such public nuisance must be removed and abated within such period of time, not less than ten (10) days, as shall be specified in such notice. In all cases where the alleged public nuisance is located on private property, the notice shall be given to the owner or occupant of such premises, and the notice to the owner of the vehicle shall be in addition thereto when such ownership has been determined.
(3) Such notice shall inform such owner or occupant that, if he shall fail to remove or abate the public nuisance within the time so specified, then such public nuisance will thereupon be removed or abated by official public action, pursuant to the terms of this article.
(4) Such notice shall be mailed to the last known registered owner of the vehicle, to any lienholder of record, and to the owner or occupant of the premises on which the vehicle is located, by certified mail with a five-day return requested. If the post office address of the last known 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. 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 (10) days after the date of the return.
(5) Such notice shall specify that the person so notified shall be entitled to a public hearing on the question of whether or not such vehicle, or part thereof, is a public nuisance subject to abatement, if the person so notified shall request such public hearing within ten (10) days from the date of mailing the notice. Such request for public hearing may be made in person at the office of the code enforcement officer or may be mailed to the code enforcement officer; but, if mailed, proof of such mailing may be made only by delivery or by registered or certified mail receipt. If a public hearing is requested, such hearing shall be scheduled and held pursuant to the provisions of this article, and notice of such public hearing shall be transmitted to the owner or occupant by registered or certified mail, not less than ten (10) days before the date of such public hearing.
(b) If the owner of the junked vehicle or the owner or occupant of the premises on which it is located shall, within ten (10) days of the mailing of the notice provided for in this section, give notice in the manner specified in this section that a public hearing is requested, then such public hearing shall be held in accordance with the following:
(1) Such public hearing shall be held before the city council.
(2) Notice of the date, time and place of the hearing shall be given by certified mail addressed to the owner or occupant entitled thereto at the address given by him in his request for such public hearing, such notice to be mailed not less than ten (10) days before the date of such hearing.
(3) The issue for determination at such hearing shall be whether the alleged junked vehicle is a public nuisance, as defined in this article and by state law. The burden of proof shall be on the city to prove the existence of such public nuisance, by preponderance of the evidence, in accordance with procedural and evidentiary rules obtaining in administrative hearings in the state.
(4) If the public hearing shall result in a finding that the alleged junked vehicle is a public nuisance, as defined in this article and by state law, the hearing body shall enter its order or resolution so declaring, and directing the abatement or removal of such public nuisance, either by the owner or occupant, or by public action by or under the direction of the city. Such order or resolution shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available.
(c) If, upon notice as provided in this section, the owner or occupant, as applicable, shall fail or refuse to abate or remove such public nuisance, or if after a finding of public nuisance at the public hearing provided for in this section the owner or occupant shall fail or refuse to abate or remove such public nuisance, then the city shall abate and remove such public nuisance in accordance with the procedures established in this article.
(d) After a junked vehicle has been removed by public action pursuant to the provisions of this section, it shall in every instance be demolished as scrap or salvage, and it shall not be reconstructed or made operable.
(e) After a vehicle has been removed by public action pursuant to the provisions of this section, then, within five (5) days after such removal, the city shall give notice thereof to the state department of transportation, identifying such vehicle or part thereof, in order that the certificate of title thereto may be cancelled, pursuant to Transportation Code section 683.074.
(Ordinance 2064 adopted 7/2/18)
Sec. 8.04.006
At any time after the expiration of ten (10) days after notice has been delivered to the owner or occupant of the premises on which a junked vehicle or vehicle part is located if a hearing is not requested, or if a hearing is requested, at any time after the expiration of ten (10) days after an order requiring the removal of such junked vehicle or vehicle part has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the code enforcement officer may, if said nuisance has not been abated, remove or cause to be removed the vehicle or vehicle part which was the subject of such notice to a scrap yard, junk yard, demolisher, or any suitable site as authorized by the city for processing as scrap or salvage. (Ordinance 2073 adopted 6/17/19)
Sec. 8.04.007
This article shall not apply to a vehicle or vehicle part that is:
(1) Completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are:
(A) Maintained in an orderly manner;
(B) Not a health hazard; and
(C) Screened from ordinary public view by a privacy fence at least six (6) feet tall.
Sec. 8.04.008
This article shall be administered by regularly salaried, full-time employees of the city as designated by the city council, except that the removal of a vehicle from property may be performed by any authorized person. Investigations and enforcement actions may be initiated under this article by the code enforcement officer or his designee. A person authorized by the city to administer the procedures of this article may enter private property for the purposes specified in the procedures of section 683.074(e), Texas Transportation Code, to examine a vehicle, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle that constitutes a nuisance. The municipal court may issue orders necessary to enforce the procedures of this article.
Sec. 8.04.009
The relocation of a junked vehicle or vehicle part that is a public nuisance to another location in the city after a proceeding for abatement and removal of the public nuisance has commenced by notice has no effect on the proceeding if the junked vehicle or vehicle part constitutes a public nuisance at the new location.
Sec. 8.04.010
(a) A person commits an offense if the person maintains a public nuisance described in this article.
(b) An offense under this section is a misdemeanor punishable by a fine of not more than two hundred dollars ($200.00).
(c) Each day a violation occurs is a separate offense.
(d) The court shall order abatement and removal of the nuisance if the defendant is convicted of an offense under this article.
Sec. 8.04.011
The provisions of this article shall be cumulative of ordinances of the city, and nothing herein shall be construed as repealing other ordinances pertaining to abandoned vehicles and junked machinery and motor vehicles.
(Ordinance 2064 adopted 7/2/18)