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HomeMy Public PortalAboutOrdinance No. 432-80 03-03-1980 Al~_' ' t • , r.` NUJ . 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: ~i (DEFINITIONS) I~! l f ~~'7'~nnlrari *.sohir~io Avr:s ..,~"f^~t-a?t~:~d~`~?r~l t ,.t n~+e_~---*'^-:`"1~---~~"'"""~ • }mss , ~ 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 - s 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. • • r,._ . . 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) b 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. * . 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 ~ ~ , ~ . ' . 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: i CITY SEC ARY • r