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HomeMy Public PortalAboutOrdinance No. 861-99 05-11-1999 . ORDINANCE NO. 8 61- 9 9 AN ORDINANCE REPEALING THE EXISTING SECTION 4 "JUNKED VEHICLES" OF CHAPTER 6 "NUISANCES" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS; ENACTING A NEW, REVISED SECTION 4 "JUNKED VEHICLES", TO BE INCLUDED IN CHAPTER 6 "NUISANCES" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS; PROVIDING PROCEDURES FOR ABATEMENT AND REMOVAL OF JUNKED VEHICLES AS PUBLIC NUISANCES; DECLARING JUNKED VEHICLES TO BE PUBLIC NUISANCES, PROVIDING PROCEDURES FOR NOTICE AND HEARING TO DETERMINE WHETHER A VEHICLE IS A JUNKED VEHICLE; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DISPOSAL OF JUNKED VEHICLES TO DEMOLISHERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, the existing provisions of the Richland Hills Code of Ordinances concerning abatement ofjunked vehciles as public nuisances have become out ofdate due to legislative changes; and • WHEREAS, City Council of the City of Richland Hills, Texas, finds and determines that the revised junked vehicle abatement procedures set forth below conform to current state law and provide for streamlined abatement procedures for junked vehicles; and WHEREAS, the City Council of the City of Richland Hills, Texas, finds and determines that the public health, safety and welfare will be promoted by the enactment of the new junked vehicle abatement procedures contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY RICHLAND HILLS, TEXAS: I. That Section 4 "JiTNKED VEHICLES" of Chapter 6 "NUISANCES" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby repealed in its entirety and replaced by the following new Section 4 "JUNKED VEHICLES", which new section shall hereafter be and read as follows: SECTION 4: JUNKED VEHICLES A. Definitions • (1) Junked Vehicles. For the purpose of this section, "junked vehicle" means a self-propelled vehicle which: ORDINANCE NO. Page 1 • (a) is inoperable; and (b) does not have lawfully affixed to it (i) an unexpired license plate; or (ii) a valid motor vehicle inspection certificate (c) is wrecked, dismantled or partially dismantled; or (d) is discarded; or (e) remains inoperable for a continuous period of more than forty-five (45) consecutive 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 (Chapter 501, Texas Transportation Code). (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 mroe 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. (5) Storage FacilitX. A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicles. (6) Antique Vehicle. A passenger car or truck that is at least thirty-five (35) years old. (7) ~ecial 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 a hobbyist. ORDINANCE NO. 8 61- 9 9 Page 2 • (8) Collector. The owner of one (1) 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. E. Junked Vehicles Deemed Public Nuisance; Violations; Penalty (1) Any junked vehicle or part thereof that is visible from a public place or public right-of--way is hereby declared to be a public nuisance, unless such vehicle or part thereof shall be: (a) completely enclosed in a building in a lawful manner where it is not visible from the street or other public or private property; or (b) stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or (c) an antique or special interest vehicle stored by a collector on his property provided that the vehicles or parts thereof and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view • by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. (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 the date of mailing of the notice herein provided or within the period provided by an order of the Municipal court following hearing as herein provided shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed two hundred dollars ($200.00). 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. C. Notices, Public Hearine; Abatement and Removal of Nuisance. (1) The owner or occupant of the private or public premises whereupon such public nuisance exists or the owner or occupant of the premises adjacent to the public right-of--way whereupon such public nuisance exists shall, within ten (10) days from the date of mailing of the notice hereinafter provided for, abate such nuisance and/or remove such junked vehicle or part thereof from such private or public premises or public rights-of--way. ORDINANCE NO. 8 61- 9 9 Page 3 • (2) (a) 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 date of mailing 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 adj acent to the publicright-of--way whereupon such public nuisance exists, and also to the last known registered owner of the junked vehicle and to any lien holder of record. If the post office address of the last known registered owner is unknown, notice may be placed on the nuisance or, if the owner is located, hand delivered. (b) 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 the 11`'' day after the date of such return. (c) Such notice shall further state that such public nuisance shall be the subj ect of removal by the City of Richland Hills unless such public nuisance is abated or removed by the addressee within the ten (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. (d) 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 ten (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. If an addressee requests a hearing, the hearing may not be held earlier than the 11 day after the date the notice was mailed. (e) If no addressee of the notice herein provided requests a hearing within the time provided, the Code Enforcement Officer shall request such hearing beheld at the earliest time convenient to the Municipal Court. In this event, no further notice need be given to the persons listed in paragraph (a). (f) The 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. At the hearing, the j unked vehicle is presumed to be inoperable, unless demonstrated otherwise by the owner. . (g) Upon hearing, Court shall issue an order indicating whether or not such junked vehicle or part thereof which was the subj ect of such notice is a public ORDINANCE NO. 8 61- 9 9 Page 4 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 requiring the removal or abatement of such nuisance shall include a description of the vehicle, the vehicle identification number and license number of the vehicle or part thereof, if available from inspection of same at the site of its location. (3) The court may issue an order requiring the public nuisance to be abated within five (5) days after the hearing. If the junked vehicle has not been removed within five (5) 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 Department of Transportation a 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. 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 done 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. II. 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 decree of any court of competent jurisdiction, 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. III. • Saving Clause. That Chapter 6 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. ORDINANCE NO. 8 61- 9 9 Page 5 • IV. Effective Date. This ordinance shall be m 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 l ltlday of MaY , 1999, by a vote of 5 ayes, n nays, and 0 abstentions. n I I I I I I i I r~riii \\\`\\`~~~p~ D ~'r~s~~~%~ APPROVED: s ~ _ _ _..w ~ v . _e - ° y = C. F. Kelley, Mayor _ \ ATTEST: ~'~~~iii~ i F~ n n ~~w~~~~\ ~ . Terri ~ as, City Secret • AP OVEI~„AS ORM AND LEGALITY: , Jame ,A. Cribbs, City Attorney G:\Docs\R\RHills\ord.-jw~ked veh 04G799 ORDINANCE NO. 8 ~ 1- 9 9 Page 6