JUNKED VEHICLES

Fort Worth City Code ch. 22, art. IX, div. 2

in effect

Fort Worth City Code § 22-303 JUNKED VEHICLES DECLARED TO BE A PUBLIC NUISANCE; ADOPTION OF PROCEDURES FOR ABATEMENT AND REMOVAL.

§ 22-303 JUNKED VEHICLES DECLARED TO BE A PUBLIC NUISANCE; ADOPTION OF PROCEDURES FOR ABATEMENT AND REMOVAL. (a) Junked vehicles, as defined in this chapter, 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 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. (b) This declaration is made pursuant to Tex. Transportation Code Chapter 683, Subchapter E. This division adopts municipal procedures that conform to Tex. Transportation Code Chapter 683, Subchapter E for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance. (Ord. 12938, § 2, passed 4-1-1997; Ord. 16539, § 2, passed 8-9-2005; Ord. 18441-01-2009, § 2, passed 1-13-2009)

Fort Worth City Code § 22-303.1 RESERVED.

§ 22-303.1 RESERVED. Editor’s Note: Section 2 of Ord. 21854-09-2015, adopted September 1, 2015, repealed § 22-303.1, Meaning of the terms, “inoperable,”“wrecked,” and “dismantled or partially dismantled” when used in the definition of junked vehicle, derived from § 3 of Ord. 16539, adopted August 9, 2005, amended by § 3 of Ord. 18441-01-2009, adopted January 13, 2009. See also Code Comparative Table.

Fort Worth City Code § 22-304 NOTICE.

§ 22-304 NOTICE. (a) Prior to any official action being taken to abate and remove a junked vehicle, from private or public property or a public right-of-way, not less than ten days’ notice shall be given of the nature of the nuisance, except as hereinafter provided, to the following parties: (1) The last known registered owner of the junked vehicle; (2) Each lienholder of record of the junked vehicle; and (3) The owner or occupant of the private property on which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located. (b) Such notice shall be personally delivered, mailed by certified mail with a five-day return requested or delivered by the United States postal service with signature confirmation service and shall state the following: (1) That the junked vehicle is a public nuisance; (2) That the nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; (3) That a person entitled to notice pursuant to subsection (a) above may, not later than the tenth day after the date on which the notice was personally delivered or mailed, request, in writing, a public hearing in accordance with § 22-305 of this chapter; (4) That the persons entitled to notice shall be entitled to speak at the public hearing, either by making a request prior to the time of the hearing or by making a request at the time of the hearing; and (5) That failure to abate and remove the nuisance or failure to attend the hearing after notice constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to disposal of the junked vehicle in accordance with the provisions of Tex. Transportation Code Chapter 683, Subchapter E. (c) If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle or, if the owner is located, hand delivered. (d) 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 earlier than the eleventh day after the date of the return of the notice. (Ord. 12938, § 2, passed 4-1-1997; Ord. 18441-01-2009, § 4, passed 1-13-2009)

Fort Worth City Code § 22-304.1 RELOCATION OF JUNKED VEHICLE AFTER ABATEMENT PROCEEDING HAS COMMENCED.

§ 22-304.1 RELOCATION OF JUNKED VEHICLE AFTER ABATEMENT PROCEEDING HAS COMMENCED. The relocation of a junked vehicle that is a public nuisance to another location in the city after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. (Ord. 16539, § 4, passed 8-9-2005)

Fort Worth City Code § 22-305 HEARING.

§ 22-305 HEARING. (a) A person for whom notice is required under § 22-304 may request, in writing, a public hearing to determine whether the vehicle identified in the notice, or any part thereof, constitutes a public nuisance. Such written notice must be received by the clerk of the municipal court not later than 5:00 p.m. on the tenth day after the date on which the notice was delivered or mailed. (b) If a public hearing is requested by a person for whom notice is required under § 22-304, the hearing shall be held not earlier than the eleventh day after the date on which the notice was delivered or mailed. (c) Any hearing officer who has been appointed by the city council under § 10-17 of the Fort Worth city code is hereby designated as an official who is authorized to conduct hearings under the provisions of this division. (d) At the public hearing, the hearing officer shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing officer may continue the hearing for up to 60 days for cause deemed reasonable to the hearing officer. (e) At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (f) Following the public hearing, the hearing officer shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a public nuisance as alleged. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to remove the nuisance, and that the notice requirements provided in this division have been met, the hearing officer shall make a written order setting forth his or her findings and ordering that the nuisance be removed and that the vehicle be disposed of in accordance with the provisions of Tex. Transportation Code Chapter 683, Subchapter E. If the information is available at the location of the nuisance, the order shall include a description of the vehicle identification number and the license plate number. (Ord. 12938, § 2, passed 4-1-1997; Ord. 16539, § 5, passed 8-9-2005; Ord. 18441-01-2009, § 5, passed 1-13-2009)

Fort Worth City Code § 22-306 ABATEMENT OF NUISANCE; REMOVAL AND DISPOSAL OF VEHICLES.

§ 22-306 ABATEMENT OF NUISANCE; REMOVAL AND DISPOSAL OF VEHICLES. If no hearing is requested or if the hearing officer orders removal of the public nuisance, the city or any duly authorized person may abate such nuisance by removal and disposal of the junked vehicle in accordance with the provisions of Tex. Transportation Code Chapter 683, Subchapter E. (Ord. 12938, § 2, passed 4-1-1997; Ord. 18441-01-2009, § 6, passed 1-13-2009)

Fort Worth City Code § 22-307 JUNKED VEHICLES NOT TO BE RECONSTRUCTED OR MADE OPERABLE AFTER REMOVAL.

§ 22-307 JUNKED VEHICLES NOT TO BE RECONSTRUCTED OR MADE OPERABLE AFTER REMOVAL. After any junked vehicle has been removed under the authority of this division, it shall not be reconstructed or made operable again. (Ord. 12938, § 2, passed 4-1-1997)

Fort Worth City Code § 22-308 NOTICE OF REMOVAL TO BE GIVEN TO TEXAS DEPARTMENT OF TRANSPORTATION.

§ 22-308 NOTICE OF REMOVAL TO BE GIVEN TO TEXAS DEPARTMENT OF TRANSPORTATION. No later than the fifth day after the date of removal of a junked vehicle or part of a vehicle pursuant to provisions of this division, notice must be given to the Texas department of transportation. Such notice must identify the vehicle or part of the vehicle. (Ord. 12938, § 2, passed 4-1-1997)

Fort Worth City Code § 22-309 INAPPLICABILITY OF THIS DIVISION.

§ 22-309 INAPPLICABILITY OF THIS DIVISION. (a) The procedures adopted in this division shall not apply to a vehicle or vehicle part: (1) That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or (2) 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 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 appropriate means, including a fence, rapidly growing trees or shrubbery. (b) In this section: ANTIQUE VEHICLE. A passenger car or truck that is at least 35 years old. MOTOR VEHICLE COLLECTOR. A person who: a. Owns one or more antique or special interest vehicles; and/or b. Acquires, collects or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. SPECIAL INTEREST VEHICLE. A motor vehicle of any age that has not been changed from original manufacturer’s specifications and because of its historic interest, is being preserved by a hobbyist. (Ord. 12938, § 2, passed 4-1-1997)

Fort Worth City Code § 22-310 ADMINISTRATION.

§ 22-310 ADMINISTRATION. This division shall be administered by regularly salaried, full-time employees of the city as designated by the city manager, except that the removal of a vehicle or part of a vehicle from property may be performed by any duly authorized person. (Ord. 12938, § 2, passed 4-1-1997)

Fort Worth City Code § 22-311 CRIMINAL COMPLAINT.

§ 22-311 CRIMINAL COMPLAINT. (a) A person commits an offense if the person maintains a public nuisance described by § 22-303(a) of this code. (b) Whenever such a public nuisance is found to exist within the city, the city may, without notice, pursue the filing of an immediate criminal complaint against the person or persons in violation of this section. (c) An offense under this section is a misdemeanor punishable by a fine not to exceed $200. (Ord. 12938, § 2, passed 4-1-1997; Ord. 16539, § 6, passed 8-9-2005)

Fort Worth City Code § 22-312 ORDER OF ABATEMENT UPON CONVICTION.

§ 22-312 ORDER OF ABATEMENT UPON CONVICTION. Whenever a person is convicted in a City of Fort Worth municipal court of maintaining a junked vehicle which constitutes a public nuisance in violation of § 22-311, the court shall, in connection with its guilty finding, enter an order directing the guilty party to abate and remove the public nuisance which was the subject of the criminal complaint. Any order so entered shall take effect immediately upon conviction becoming final. If abatement is not accomplished as ordered by the court, the city is authorized to abate the nuisance and assess the reasonable costs of abatement against the guilty party. (Ord. 12938, § 2, passed 4-1-1997; Ord. 16539, § 7, passed 8-9-2005)

Fort Worth City Code § 22-313 RESERVED.

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-25147Fetched: 10/26/2026