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Home My Public Portal AboutOrdinance No. 662-92 03-24-1992 • ORDINANCE 6 ~ 2 AN ORDINANCE AMENDING SECTION 9 "JUNKED VEHICLES" OF CHAPTER 7 "OFFENSES AND NUISANCES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS AMENDED; ADDING CERTAIN DEFINITIONS; PLACING RESPONSIBILITY FOR CONDUCT OF HEARINGS AND APPEALS IN THE MUNICIPAL COURT OF THE CITY OF RICHLAND HILLS; PLACING ALL OTHER ENFORCEMENT RESPONSIBILITY UPON THE CODE ENFORCEMENT OFFICER; MAKING CERTAIN CLERICAL CHANGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Be it ordained by the City Council of the City of Richland Hills, Texas: I. That Subsection A "DEFINITIONS" of Section 9 "JUNKED VEHICLES" of Chapter 7 "Offenses and Nuisances" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: (a) Junked Vehicles • For the purposes of this section, "junked vehicle" means any motor vehicle as defined in Section 1 of Article 6701d-11, Vernon's Texas Civil Statutes, as amended, which: (a) is inoperative; and (b) either (i) does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle inspection certificate; or (ii) is wrecked, dismantled, or partially dismantled; or (iii) is discarded; or (iv) remains inoperable for a continuous period of more than forty-five (45) days. (2) Person Any person individual, firm, partnership, association, corporation, company, or organization of any kind. (3) Motor Vehicle A motor vehicle subject to registration under the Certificate of Title Act • (Article 6687-1, Tex.Rev.Civ.Stat.Ann.). ORDINANCE NO. PAGE 1 • (4) Abandoned Motor Vehicle A motor vehicle: (a) That is inoperable and more than five (5) years old and left unattended on public property for more than forty eight (48) hours; or (b) That has remained illegally on public property for a period of more than forty eight (48) hours; or (c) That has remained on private property without the consent of the owner or person in control of the property for more than forty eight (48) hours; or (d) That has been left unattended on the right-of-way of a designated county, state, or federal highway for more than forty eight (48) hours. (S) Storage Facility A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicles. (6) Antique Auto • A passenger car or truck that was manufactured in 1925 or earlier, or a passenger car or truck that is at least thirty five (35) years old. (7) Sgecial Interest Vehicle A motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. (8) Collector The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest. II. That paragraph (2) of Subsection B "JUNKED VEHICLES DEEMED PUBLIC NUISANCE; VIOLATIONS; PENALTY" of Section 9 "JUNKED VEHICLES" of Chapter 7 "Offenses and Nuisances" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: (2) Any person, firm or corporation which shall fail to abate or remove any public nuisance defined in this section upon the expiration of ten (10) days • from receipt of the notice herein provided for or within the period ORDINANCE NO. 6 ~ 2 PAGE 2 • provided by any order of the municipal court following hearing as herein provided for shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed one thousand ($1,000.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. The court, upon determination of guilt of maintaining a public nuisance as defined in this section, shall further order removal and abatement of the public nuisance in the event same shall not have been theretofore abated or removed. III. That paragraphs (2), (3), and (4) of Subsection C "NOTICES; PUBLIC HEARING; ABATEMENT AND REMOVAL OF NUISANCE" of Section 9 "JUNKED VEHICLES" of Chapter 7 "Offenses and Nuisances" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: (2) The notice herein provided shall be in writing, shall state the nature of the public nuisance on the private or public premises or on the public right-of-way and shall state that such public nuisance must be removed or abated within ten (10) days from the receipt of such notice. Such notice shall be sent by certified or registered mail with a five (5) day return requested to the owner or the occupant of the private or public premises whereupon such public nuisance exists or, to the owner or occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists, and also the last known registered owner of the junked vehicle and to any lien holder of record. If any such notice is • returned undeliverable by the United States Post Office, action by city officials to abate such nuisance shall be continued to a date not less than ten (10) days from the date of such return. Such notice shall further state that such public nuisance shall be the subject of removal by the City of Richland Hills unless such public nuisance be abated or removed by the addressee within the 10-day period required. Such notice shall further advise the addressee that in the event the City of Richland Hills shall be required to remove a vehicle to abate such nuisance, such vehicle may not thereafter be reconstructed or made operable. Such notice shall further advise the addressee that the addressee may request a public hearing prior to the removal of such vehicle or part thereof as a public nuisance by the City of Richland Hills, provided a formal request for such public hearing be made by the addressee within such 10-day period provided for in such notice. Such formal request for hearing may, but is not required to, be made on forms supplied by the City. Such hearing shall be a public hearing before the Richland Hills Municipal Court for the purpose of determining whether or not such junked vehicle or part thereof which is the subject of such notice shall be within the provisions of this section and subject to abatement or removal. Upon hearing the Court shall issue an order indicating whether or not such junked vehicle or part thereof which was the subject of such notice is a public nuisance as defined in this section and, if same be so found, shall order the removal and abatement of such public nuisance. In such event the order • ORDINANCE NO. 6 6 2 PAGE 3 • requiring the removal or abatement of such nuisance shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle or part thereof, if available from inspection of same at the site of its location. (3) Within five (5) days after the hearing the Court may order the public nuisance abated. If the junked vehicle has not been removed within five (S) days after the order, the Code Enforcement Officer or his designee shall be empowered to remove same. (4) Within five (5) days after the date of removal of such junked vehicle the Code Enforcement Officer shall deliver to the State Department of Highways and Public Transportation notice identifying the vehicle or part thereof. Any such junked vehicle removed under the provisions of this section shall not thereafter be reconstructed or made operable. rv. That Subsections D "ADMINISTRATION" and E "INSPECTION AND ENFORCEMENT" of Section 9 "JUNKED VEHICLES" of Chapter 7 "Offenses and Nuisances" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: D. ADMINISTRATION This section is to be administered by the Code Enforcement Officer, his agents and employees, except that the removal of vehicles or parts thereof from property may be by any other person duly authorized by the Code Enforcement Officer. E. INSPECTION AND ENFORCEMENT The Code Enforcement Officer, his agents and employees may enter upon private property for the purposes specified in this section 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 section. V. That Subsection G "DEPARTMENT OF PUBLIC HEALTH CREATED" of Section 9 "JUNKED VEHICLES" of Chapter 7 "Offenses and Nuisances" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the deletion of said Subsection G in its entirety. VI. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or • ORDINANCE NO. 6 ~ 2 PAGE 4 decree of any covet of competent jwisdiction, such invalidity or unconstitutionality • shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VII. Saving Clause. That Chapter 7 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 2 ~ day of March , 1992, by a vote of T ayes, ~ nays, and abstentions. APPRO D James R. Truitt, Mayor • ATTEST: Pauline Kempe, City Secretary VED AS TO FORM: r ~~ti ~ Paul F. Wieneskie, City Attorney 66MLIB/bh/031892 ORDINANCE NO. PAGE 5