For Combine residents, leaving an inoperable, abandoned or junked vehicle on property can become more than an appearance issue. Under certain circumstances, it can be classified as a public nuisance and become subject to removal by the city.
Chapter 92 of the Combine Code of Ordinances establishes rules covering abandoned and junked vehicles, the notice required before nuisance abatement, a property owner’s right to request a hearing, vehicle removal and penalties.
Here is what Combine residents should know.
What Combine Considers an Abandoned Motor Vehicle
Chapter 92 defines an abandoned motor vehicle according to several circumstances involving where the vehicle is located and how long it has remained there.
A vehicle may meet the city’s definition when it:
- Is inoperable, more than five years old and has been left unattended on public property for more than 48 hours.
- Has remained illegally on public property for more than 48 hours.
- Has remained on private property without the consent of the property owner or person in charge for more than 48 hours.
- Has been left unattended on the right-of-way of a designated county, state or federal highway for more than 48 hours.
- Has been left unattended for more than 24 hours on the right-of-way of a turnpike project or controlled-access highway.
- Meets the applicable abandoned-vehicle definition referenced by the ordinance under state transportation law.
The ordinance defines an inoperable vehicle as one that is incapable of being propelled under its own power for any reason.
When a Vehicle Is Considered Junked
Combine also has a specific definition for a junked vehicle.
Under Chapter 92, a self-propelled vehicle must meet the ordinance’s license-plate or inspection-certificate condition and also be wrecked, dismantled, partially dismantled or discarded, or meet one of the ordinance’s inoperability time limits.
For an inoperable vehicle, those time limits are more than 72 consecutive hours on public property or 30 consecutive days on private property.
Because the definition contains multiple requirements, simply having an older vehicle parked on private property does not automatically make it a junked vehicle under Chapter 92.
Visible Junked Vehicles Can Become Public Nuisances
A junked vehicle or part of a junked vehicle that is visible from a public place or public right-of-way may be classified as a public nuisance.
The ordinance states that such vehicles can create several community problems, including safety hazards, fire risks, opportunities for vandalism and conditions that may reduce nearby property values.
The chapter also identifies junked vehicles as potential hazards to children and as a form of urban blight.
Some Collector and Stored Vehicles Are Exempt
Chapter 92 contains exceptions for certain vehicles and vehicle parts.
The ordinance does not apply when a vehicle or part is completely enclosed inside a building in a lawful manner and is not visible from the street or other public or private property.
Certain vehicles connected with a licensed vehicle dealer or junkyard may also qualify for an exception.
Antique or special-interest vehicles stored by a motor vehicle collector may be exempt when the vehicles and outdoor storage area are maintained in an orderly manner, do not create a health hazard and are screened from ordinary public view.
Approved screening may include a fence, rapidly growing trees or shrubbery. A tarp does not qualify as acceptable screening under the ordinance.
Combine defines an antique vehicle as a motor vehicle that is at least 25 years old.
The City Must Provide Notice Before Abatement
When a junked vehicle constitutes a public nuisance, the Combine Chief of Police or a designee may order the responsible property owner or occupant to remove or otherwise abate the nuisance.
The written order must identify the nuisance and its location, explain the corrective action required and provide 10 days for compliance after the notice is received.
Notice is also required to state that a hearing must be requested before that 10-day compliance period expires.
Depending on the circumstances, notice is served on the last known registered vehicle owner, lienholders of record and the owner or occupant of the property where the nuisance is located.
Residents Can Request a Hearing
A property owner or occupant who receives a nuisance-abatement notice may request a hearing before the Municipal Judge within the 10-day period.
When a hearing is requested on time, the vehicle will not be removed by the Chief of Police unless the Municipal Judge orders its removal.
If the judge determines that the vehicle is a public nuisance, an order may require the vehicle or vehicle part to be removed from the property or right-of-way within 10 days.
When the City Can Remove a Vehicle
If the nuisance is not corrected and no hearing is requested within the required period, the Municipal Judge may authorize the city to take possession of the junked vehicle.
The Chief of Police is authorized to take an abandoned vehicle into custody from public or private property when a written court order has been issued by the Municipal Court Judge.
Removal must be performed by an authorized wrecker service, with the vehicle taken to an authorized storage facility.
A property owner or occupant may also give written permission to the Chief of Police for removal of a junked vehicle within the notice period. Under Chapter 92, granting that permission is considered compliance with the ordinance.
What Happens After Impoundment
After a vehicle is taken into custody, the Chief of Police must provide notice by certified mail to the last known registered owner and lienholders of record within 10 days.
The notice must contain identifying information about the vehicle, including its year, make, model and vehicle identification number.
The ordinance also requires notification to the Texas Department of Public Safety within five days after removal.
Disposal of an impounded vehicle must be handled in accordance with state law.
Penalties for Violating Chapter 92
A person found guilty in Combine Municipal Court of violating Chapter 92 may be fined up to $200 for each offense.
Each day a violation continues may be treated as a separate offense.
Reporting and Contact Information
Residents who have questions about the abandoned-vehicle ordinance or need to report a potential violation can contact the City of Combine.
- Combine City Hall: (972) 476-1532
- Address: 100 Davis Road, Combine, TX 75159
- Email: city@combinetx.com
- Official Code Reference: City of Combine Code of Ordinances, Chapter 92 — Abandoned Vehicles
