HomeMy Public PortalAboutOrdinance No. 432-80 03-03-1980
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AN ORDINANCE REGULATING JUNKED VEHICLES IN THE CITY OF
RICHLAND HILLS, TEXAS, PROVIDING DEFINITIONS; PROVIDING
FORA 10-DAY NOTICE TO ABATE NUISANCE; PROVIDING FOR CONTEI~ITS
OF SUCH NOTICE; PROVIDING FOR SERVICE OF SUCH NOTICE
TO ABATE NUISANCE BY CERTIFIED AND REGISTERED MAIL; PROVIDING
FOR A PUBLIC HEARING; PROVIDING FOR FILING OF NOTICE OF
ABATEMENT WITH THE TEXAS HIGHWAY DEPARTMENT; PROVIDING
THAT REMOVAL OF SUCH JUNKED VEHICLES PRECLUDES SUCH
JUNKED VEHICLE; BEING RECONSTRUCTED OR MADE OPERABLE;
PROVIDING FOR ADMINISTRATION BY THE DIRECTOR OF THE
DEPARTMENT OF PUBLIC: HEALTH; PERMITTING ENTRY UPON PRIVATE'
PROPERTY BY H£P?LTH DEPARTMENT EMPLOYEES FOR PURPOSES
OF INSPECTING AND ,ENFORCING THE JUNKED VEHICLE ORDINANCE,
PROHIBITING UNAUTHORIZED PARKING ON PRIVATE PROPERTY AND
PROVIDING EXCEPTION THERETO; ESTABLISHING A DEPARTMENT OF II
PUBLIC HEALTH; PROVIDING A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF ALL THE PROVISIONS OF THE
CITY CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are or may be in the future junked vehicles left about
the City other than in junk yards or other appropriate places; and
WHEREAS, such condition tends to interfere with the enjoyment of
and reduce the value of private property, invite plundering, create fire
hazards and other safety and health hazards to children as well as adults;;
interfere with the comfort and well being of the public, and create, extend,
and aggravate urban blight; and
WH?£REAS, adequate protect"ion of the public health, safety and
welfare requires that such condition be abated.
NOW, THEREFORE, B"E IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
That the following terms shall have the following meanings:
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(DEFINITIONS) I~!
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Texas Penal Code, as amended, which is inoperative and which does not
have affixed thereto both an unexpired license plate or plates. and a valid
motor vehicle safe y i~spectior~ :certifica:tion and which is":::.wrecked; dismantled;
partially dismantled; or discarded. The provisions hereof shall not apply"
to vehicles in operable condition specially adopted or constructed for racing
or operation on privately owned drag strips or raceways, vehicles retained
by the owner for antique collection purposes rather than for salvage or for
transportation, nor vehicles stored as the property of a member of the awned
forces of the United States who is on active duty assignment outside the
continental and territorial limits "of the United States . "
"'Person. .Any individual, firm, part~~ship, association, corporation,
company or organization of any kind. "
SECTION 2
(Public Nuisance)
The storage or presence of any junked vehicle by any person upon any
private or public property shall constitute a public nuisance and is hereby
declared to be unlawful.
SECTION 3
(Notice to Abate Nuisance)
Whenever any such public nuisance exists in the City in violation
of section ~ hereof, the director of the department of public health
shall order the owner of the real property, if in possession of the premises,
or the occupant, in any, of the premises whereupon such public nuisance
exists to abate or remove the same. Such order shall be in writing, shall give
not less than ten (10) days' notice, shall specify the nature of the public
nuisance and its location, shall include a description of the vehicle , and
the correct identification number and license number of the vehicle , if
available at the site, shall specify that it must be removed and abated within
ten (10) days, and shall specify that a request for a hearing must be made
before expiration of said ten (1G) day period. Copies of the order shall be
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served upon the owner of the real property, if in possession of the premises,
or the occupant, if any, by serving him or them personally or by sending the
copies by certified or registered mail with a 5-day return receipt requested,
to the last known address of such person or persons . If said order is returned
undelivered by the United States: Post Office., official action by the director
of the department °of-public health to abate such nuisance shall be continued
to a date not less than ten (10) days from he date of such return. A public
hearing prior to removal of such junked vehicle must be held before the
director of the department of public health if such hearing is requested within.
aen (10) days after service of notice to abate the nuisance by the owner or
occupant of the premises on which such junked vehicle is located.
Within five (5) days after the hearing the said director may order
the public nuisance abated. If the junked vehicle has not been removed within
five (5) days after the order, the said director shall be empowered to remove same .
Within five (5) days after the date of removal of such junked vehicle
the director of the department of public health shall deliver. to the Texas
Highway Department notice identifying the vehicle or part thereof. Any such
junked vehicle removed under the provisions of this article shall not be
reconstructed or made operable .
SECTION 4
(Administration)
Thus article is to be administered by the director: of the department
of public health, his agents and employees, except that the removal of
vehicle or parts thereof from property may be by any other person duly
authorized by the directof of the department of public health.
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SECTION 5
(Inspection and Enforcement)
The director of the public health department, his agents and employees
may enter upon private property for the purposes specified in this article
to examine vehicles or parts thereof, 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 .
SECTION 6
(Unauthorized parking on private property prohibited)
It shall be unlawful for any person to park or stand a vehicle,
whether occupied or unoccupied, except temporarily for the purpose of and
while actually loading or unloading such vehicle, in any private driveway or
on any private parking lot or other private property without the express or
implied consent of the owner of person in lawful possession thereof.
In the event the identity of the driver of such vehicle is unknown,
the owner or person in whose name such vehicle is registered shall be
prima faciedeemed to be in violation thereof.
SECTION 7
(Exception)
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No citation issued under the provisions of Sec. shall be valid
unless such citation includes a statement to the effect that at the time same
was issued, a clearly visible sign was located on the private property involved,
informing the public that such private driveway, parking lot or other private
property is reserved for the use of authorized persons or vehicles only, and
- - further that such sign stated the persons or vehicles authorized.
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SECTION 8
There is hereby created a Department of Public Health in the City.
The Department shall be headed by a Director who shall be appointed by the
City Council. The said Director shall be responsible for enforcement of
this ordinance.
SECTION 9
That if any section, part of a section or provision of any section of
this ordinance shall be held to be void, ineffective or unconstitutional by a
court of competent jurisdiction, the holding of such section, part of a section
or provision of any section to be void, ineffective or unconstitutional for
any cause whatsoever shall in no way affect the validity of the remaining
` ~ sections and provisions of this ordinance, which shall remain in full force
and effect. The City Council would not have passed any section, parts of
sections or provisions of any section of this ordinance that were unconstitutional,
void or ineffective if it had known that they were unconstitutional, void or
ineffective at the time of adopting this ordinance .
SECTION 10
That this ordinance shall be cumulative of all provisions of any
ordinance of the City of Richland Hills, with respect to regulating junked
vehicles.
SECTION 11
That the violation of any provision of this ordinance relating to the
maintaining of a public nuisance as described herein or in permitting or
allowing such public nuisance to exist shall be punished by a fine of not
exceeding Two Hundred Dollars 200 . GG) , and each violation thereof shall
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be and is hereby declared to be a distinct and separate offense and
punishable as such; provided, however, if the maximum penalty provided
by this ordinance for any such offense is greater than the maximum penalty
provided for the same or a similar offense under the laws of the State, then
the maximum penalty for violation as provided by state statute shall be the
maximum penalty under this ordinance .
SECTION 12
That this ordinance shall become effective and be in full force and
effect from and after its passage and publication as required by law, and
it is so ordained .
PASSED AND APPROVED this ~ day of ~ 1980.
APPROVED:
f,:
AYO R A
ATTEST:
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CITY SEC ARY
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