HomeMy Public PortalAboutOrdinance No. 1014-05 05-10-2005 ORDINANCE NO. 1014-05
•
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS,
AMENDING ARTICLE I OF CHAPTER 34 OF THE CITY CODE BY
PROVIDING AN AMENDED DEFINITION OF "TRASH AND DEBRIS"
AND "VEHICLE"; AND ADDING A DEFINITION OF "APPROVED
SURFACE" AND "UNAPPROVED SURFACE" FOR PURPOSES OF
REGULATING PARKING; AMENDING ARTICLES II, III AND VI OF
CHAPTER 34 BY REVISING THE PROCEDURES FOR CONDUCTING A
HEARING PRIOR TO ABATEMENT AND BY PROVIDING FOR A
HEARING PRIOR TO OBTAINING A LIEN AGAINST PROPERTY FOR
EXPENSES INCURRED IN ABATING NUISANCES; AMENDING ARTICLE
VI BY PROVIDING A REVISED DEFINITION OF "JUNKED VEHICLES,"
BY REVISING THE PROCEDURES FG'~R THE ABATEMENT OF JUNKED
VEHICLES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
• Local Government Code; and
WHEREAS, the City Council isauthorized as ahome-rule municipality to enact regulations
relating to public health and safety, and also is authorized by Chapter 217 of the Local Government
Code to regulate and summarily abate nuisances, and by Chapter 342 of the Texas Health and Safety
Code to enact regulations to keep property free from weeds, rubbish, brush, and other objectionable,
unsightly, or unsanitary matter; and
WHEREAS, the City Council has previously adopted Ordinances prohibiting the growth of
grass, weeds, and other vegetation in an uncultivated manner, the accumulation of garbage, refuse,
rubbish, trash, debris and litter, and the creation of other unhealthy, unsightly, and unsanitary matter
conditions within the City; and
WHEREAS, the City Council desires to amend the definition of"trash and debris" contained
in Chapter 34 of the City Code to clarify that the accumulation of lumber and other building
materials which are not being used or going to be used for construction purposes in a timely manner
is a threat to the public health, safety and welfare, constitutes a nuisance and should be prohibited,
and to amend the definition of "vehicle" to clarify that any device equipped with a motor designed
to propel the device constitutes a "vehicle," regardless of whether such device is designed to be used
primarily on a street or highway, and regardless of whether such motor is operational; and
WHEREAS, the City Council also desires to amend Chapter 34 of the City Code to provide
a definition of"approved surface" and "unapproved surface" for purposes of regulating parking; and
• WHEREAS, the City Council desires to amend the abatement provisions of Articles II and
III of Chapter 34 of the City Code to provide for hearings before the Municipal Court prior to
abatement by the City in most circumstances, and to provide for hearings before the Municipal Court
following abatement by the City and before the imposition of a lien on the property on which
nuisances are abated; and
WHEREAS, the City Council isauthorized as ahome-rule municipality to enact regulations
relating to public health and safety, and also is authorized by Chapter 683 to regulate and abate
nuisances created by junked vehicles; and
WHEREAS, the City Council has previously adopted Article VI of Chapter 34 of the City
Code declaring junked vehicles that can be viewed from a public place orpublicright-of--way within
the City to be a public nuisance; and
WHEREAS, the City Council now desires to amend Article VI of Chapter 34 of the City
Code to revise the definition of junked vehicles to clarify that vehicle owners are required to have
an unexpired vehicle registration sticker lawfully affixed to their vehicles, as provided by state law;
and
WHEREAS, the City Council also desires to amend Article VI to amend the procedures for
a hearing prior to abatement of a junked vehicle, and to make other minor revisions to the current
procedure for abatement of junked vehicles;
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
ADDITION OF DEFINITIONS OF "APPROVED SURFACE" AND
"UNAPPROVED SURFACE" IN SECTON 34-1
Section 34-1 of Article I of the City Code of Richland Hills, Texas is hereby amended by the
addition of the following definitions, such definitions to provide as follows:
Approved Surface means a continuous and unbroken area at least as long and wide as the
vehicle or structure upon which such vehicle or structure is located, consisting of either concrete,
asphalt, gravel completely contained or bordered by a concrete curb, brick, brick pavers, or other
commercially sold concrete, masonry, or rock material widely marketed for the purpose of serving
as a surface for a driveway.
Unapproved surface means any surface other than an "approved surface" as defined herein,
including but not limited to dirt, grass, sand, or clay.
The remainder of Section 34-1 shall remain unchanged, except as otherwise provided herein.
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• SECTION 2.
AMENDMENT OF DEFINITIONS OF "TRASH AND DEBRIS"
AND "VEHICLE" IN SECTION 34-1
Section 34-1 of Article I of Chapter 34 of the City Code of Richland Hills, Texas is hereby
amended by amending the following definitions, such definitions to henceforth provide as follows:
Trash and debris means:
(1) all items of a nature not customarily maintained, stored or located in areas such as the
one at issue, including garbage, refuse, and rubbish, and including all items of
personal property including but not limited to the following: mounds of dirt, piles
of leaves, grass and weed clippings, paper trash, rubble, furniture other than fun~iture
designed for and arranged for outside use, household items and appliances, items of
salvage, such as scrap metal and wood, barrels, automotive parts, parts of vehicles,
inoperable or dilapidated lawn mowers and other lawn, yard or household machinery,
wheels or tires, objects that hold water for an extended time, tree and brush
trimmings and other miscellaneous wastes or rejected matter; and
(2) all manner of building materials which have been stacked, placed, located,
accumulated, or stored other than in an enclosed building or stricture for more than
• thirty (30) days and which are not being actively utilized or consumed as part of a
permitted construction project located on the property on which the building
materials are located including but not limited to the following: (a) lumber, (b) nails,
(c) nuts, (d) bolts, (e) screws, (f) plastic moldings, (g) siding, (h) insulation, (i) dry
wall, (j) glass, (k) doors, (1) hinges, (m) bricks, (n) bags of mortar, (o) sand, or (p)
concrete mix, and (q) other materials or components which are customarily utilized
in construction or repair of any structure.
Vehicle means every device designed or intended to serve, in whole or in part, to
transport persons or property, regardless of whether such device is or may be
equipped with a motor or engine designed or intended to propel the device, and
regardless of whether such device is designed to be used primarily on a street or
highway, and regardless of whether any motor or engine on the device is operational,
except that the following shall not be considered to be vehicles: (1) any device
designed and intended to be moved or powered by human power alone; and (2)
railroad locomotives and cars located on operational rail lines regulated by the state
or federal government.
The remainder of Section 34-1 shall remain unchanged, except as otherwise provided herein.
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• SECTION 3.
AMENDMENT OF SECTION 34-51
Section 34-51 of Division 2 of Article II of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Section 34-51. Authority of City to abate nuisance violation.
(a) The City Manager or the City Manager's designee is hereby authorized to
enter upon such property and abate a violation of this Article. Except as provided
otherwise in Section 34-54, prior to such abatement, the City Manager or the City
Manager's designee shall give notice to the owner and any known lienholder of any
property upon which a violation of this Article exists that the owner is in violation
of this Article, and provide an opportunity to abate such violation.
(b) Such notice shall conform to the following provisions:
(1) A description of the property on which the violations are to be abated,
which method of description may include any of the following: (i) a
legal description of the property by lot and block or by metes and
bounds, as applicable; (ii) a physical mailing address of the property;
or (iii) any other description which is reasonably calculated to inform
• the owner of the property of the location of the property;
(2) A description of each violation on the property, including a reference
to the section of the City Code which is being violated;
(3) A statement that if the violation is not abated within seven (7) days
of service of the notice, the City intends to abate such violation on the
property and that the owner will be liable for all fees and expenses
incurred by the City in abating the violation;
(4) A statement that if the City is required to abate the violation, and if
the fees and expenses incurred by the City are not paid within ten (10)
days of the date of notice of such fees and expenses, the City will file
a lien against the property for such fees and expenses, and that the
City may thereafter foreclose on the property;
(5) A statement that if the owner or lienholder wishes to contest the
existence of the violation or other matter pertaining to the violation
or property, the owner or lienholder must request a hearing by
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• submitting a written request for such hearing to both the Municipal
Court Clerk and the City Code Enforcement Officer within seven (7)
days of service of the notice; and
(6) A statement that if any owner or lienholder fails to timely request a
hearing, such owner or lienholder shall be deemed to have waived
any complaints or objections that could have been raised at such
hearing.
(c) The notice required by this Section must be in writing and served on the
owner and any known lienholder of the property on which the violation exists. It
maybe served in any manner permitted by applicable law, including but not limited
to the following:
(1) personally served;
(2) mailed to the owner at the owner's address as recorded in the records
of the Tarrant Appraisal District, by regular and certified mail, return
receipt requested, and to any known lienholder at the lienholder's last
known mailing address, by regular and certified mail, return receipt
requested; or
• (3) if personal service as described above cannot be obtained, by one or
more of the following methods:
(A) by publication at least once;
(B) by posting the notice on or as near as practicable to the front
door of each building on the property on which the violation
exists; or
(C) if there are no buildings on the property on which the
violation exists, by posting the notice on a placard attached to
a stake driven into the ground on the property at a location
visible from a public street or right-of-~vay or other principal
means of access to the property.
(d) The address as recorded in the records of the Tarrant Appraisal District shall
be deemed sufficient and correct, and notice served by mail at such address in
accordance with this Section shall be deemed sufficient, regardless of whether such
notice is actually received, and regardless of whether such notice is returned marked
"refused" or "unclaimed" or other notation indicating that it was not actually
delivered.
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• (e) Notice served bymail shall be deemed served on the third (3rd) day following
mailing, regardless ofwhen actual delivery is shown to have occurred. Notice served
by publication is deemed served on the date of publication. Notice served by posting
on the property is deemed served on the day of posting.
(f) If any owner or lienholder requests a hearing within seven (7) days of service
of the notice to such owner or lienholder, the Municipal Court shall conduct a
hearing. Such request must be in writing and must be received by both the Municipal
Court Clerk and the City Code Enforcement Officer prior to the expiration of seven
(7) days from the date of service of such notice. If two or more property owners or
lienholders request a hearing, the Municipal Court shall combine such matters into
one proceeding, and shall hold one hearing.
(g) At a hearing under this Article, both the person requesting the hearing and the
City may offer testimony, present any witnesses, and offer other evidence relevant
to any of the following issues:
(1) the existence of the violation; and
(2) any other matter determined by the Municipal Court to be relevant to
the City's authority to abate the violation and which has not been
waived.
(h) The failure to serve any owner or lienholder with notice shall not constitute
a defense under this Article for any other owner or lienholder.
(i) Any owner or lienholder who is properly served with notice as provided in
this Section who fails to timely request a hearing available under this Section shall
be deemed to have waived any complaints or objections that could have been raised
at such hearing, even if any other owner or lienholder of the property timely requests
a hearing. Any owner or lienholder who was not properly served with notice as
provided in this Section but who appears and is permitted by the Municipal Court to
participate in a hearing requested by another owner or lienholder, shall be deemed to
have waived any objection to any defect in notice.
SECTION 4.
AMENDMENT OF SECTION 34-52
Section 34-52 of Division 2 of Article II of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
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• Section 34-52. Failure to comply with abatement.
If the owner of the property does not comply with a notice to abate a violation of this
Article issued by the City Manager or the City Manager's designee within seven (7)
days after the date the notice is served, the City Manager or the City Manager's
designee may enter the property and abate or correct the violation or retain a private
commercial contractor or another public entity to do so.
SECTION 5.
AMENDMENT OF SECTION 34-53
Section 34-53 of Division 2 of Article II of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Section 34-53. Abatement of subsequent violations of like kind or nature.
(a) In a notice provided for in Section 34-51, the City Manager or the City
Manager's designee may inform the owner and any known lienholders that if the
owner commits another violation of the same kind or nature that poses a danger to
the public health and safety on or before the first anniversary of the date of the notice,
the City, without further notice, may enter the property and correct or abate the
violation or retain a private commercial contractor or another public entity to do so.
• Such notice shall be served by any of the following methods:
(1) by all of the following:
(A) certified mail, return receipt requested,
(B) regular mail, and
(C) posting the notice on the property; or
(2) by personally delivering the notice.
(b) If a violation covered by a notice under this Section occurs on or before the
first anniversary of the date of such notice, then the City Manager or the City
Manager's designee may enter upon such property without notice and abate or correct
the violation. In the event that the City Manager or the City Manager's designee
abates a violation pursuant to this Section, the City Manager or the City Manager's
designee may seek recovery of its fees and expenses incurred in abating the violation
as provided in Section 34-55.
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• SECTION 6.
AMENDMENT OF SECTION 34-54
Section 34-54 of Division 2 of Article II of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Section 34-54. Abatement of weeds or grass in excess of 48 inches.
(a) The City Manager or the City Manager's designee may abate, without notice,
weeds or grass that:
(1) have grown higher than 48 inches; and
(2) are a danger to the public health or safety.
(b) In the event that the City Manager or the City Manager's designee abates a
violation pursuant to this Section, the City Manager or the City Manager's
designee may seek recovery of its fees and expenses incurred in abating the
violation as provided in Section 34-55.
SECTION 7.
AMENDMENT OF SECTION 34-55
• Section 34-55 of Division 2 of Article II of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Sec. 34-55. Assessment of expenses and lien.
(a) All fees and expenses incurred by the City to abate or correct violations of
this Article shall be charged to the owner of the property. Such charge for fees and
expenses may include all of the following that are applicable:
(1) all expenses incurred by the City to retain a private contractor to abate
the violation or to rent equipment used to abate the violation;
(2) an administrative fee or charge as provided in the City Fee Schedule
contained in Appendix A of the City Code;
(3) a reasonable fee for the use of any equipment owned by the City used
in abating the violation, calculated by a survey, sampling, or estimate
of what a private commercial vendor would charge for leasing or
renting such equipment; and
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(4) charges for time incurred by City personnel, calculated at either: (i)
the hourly cost to the City for employing such personnel, including all
payroll taxes, insurance and other benefits multiplied by the number
of hours spent on such abatement, including preparation and travel
time; or (ii) a reasonable charge, based upon a survey, sampling, or
estimate of what a reasonable private commercial contractors would
have charged to perform such work.
(b) The City Manager or the City Manager's designee shall serve the owner of
any property upon which the City has abated a violation of this Article notice, that
the City abated the violation and that the owner is liable for all fees and expenses
incurred by the City, and that it is the City's intent to file a lien against the property
if the amount shown in such notice is not paid within ten (10) days of the date of such
notice. The City Manager or the City Manager's designee shall also serve a copy of
such notice to any known lienholder. Such notice must be in writing and shall
include the following:
(1) a statement that the City abated such violations on the property;
(2) a description of the property on which the violation was abated,
which method of description may include any of the following: (i) a
legal description of the property by lot and block or by metes and
• bounds, as applicable; (ii) a physical mailing address of the property;
or (iii) any other description which is reasonably calculated to inform
the owner of the property of the location of the property;
(3) a description of the violation on the property which was abated,
including a reference to the section of the City Code violated;
(4) a statement that due to the abatement and the provisions of the City
Code, the owner owes the charges;
(5) an itemized statement of the fees and expenses, including the total
amount of such fees and expenses;
(6) a statement that if such fees and expenses are not paid, the City will
file a lien against the property, and that the City may thereafter
foreclose on the property;
(7) a statement that if the owner or any lienholder of the property wishes
to contest the City's entitlement to the fees and expenses, the
reasonableness or correctness of the fees and expenses stated, the
City's entitlement to file a lien on the property, or other matter
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• relating to the abatement, the owner or lienholder must request a
hearing by submitting a written request for such hearing to both the
Municipal Court Clerk and the City Code Enforcement Officer within
ten (10) days of service of the notice of the fees and expenses due;
and
(8) a statement that if any owner or lienholder fails to timely request a
hearing, such owner or lienholder shall be deemed to have waived
any complaints or objections that could have been raised at such
hearing.
(c) The notice described herein may be served in any manner permitted by
applicable law, including but not limited to the following:
(1) personally served;
(2) mailed to the owner at the owner's address as recorded in the records
of the Tarrant Appraisal District, by regular and certified mail, return
receipt requested, and to any known lienholder at the lienholder's last
known mailing address, by regular and certified mail, return receipt
requested; or
• (3) if personal service as described above cannot be obtained, by one or
more of the following methods:
(A) by publication at least once; or
(B) by posting the notice on or as near as practicable to the front
door of each building on the property on which the violation
exists; or
(C) if there are no buildings on the property on which the
violation exists, by posting the notice on a placard attached to
a stake driven into the ground on the property at a location
visible from a public street orright-of--way or other principal
means of access to the property.
(d) The address as recorded in the records of the Tarrant Appraisal District shall
be deemed sufficient and correct, and notice served by mail at such address in
accordance with this Section shall be deemed sufficient, regardless of whether such
notice is actually received, and regardless of whether such notice is returned marked
"refused" or "unclaimed" or other notation indicating that it was not actually
delivered.
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• (e) Notice served bymail shall be deemed served on the third (3rd) day following
mailing, regardless of when actual delivery is shown to have occurred. Notice served
by publication is deemed served on the date of publication. Notice served by posting
on the property is deemed served on the day of posting.
(f) If any owner or lienholder requests a hearing within seven (7) days of service
of the notice to such owner or lienholder, the Municipal Court shall conduct a
hearing. Such request must be in writing, and be received by both the Municipal
Court Clerk and the City Code Enforcement Officerprior to the expiration of ten (10)
days from the date of service of such notice. If two or more property owners or
lienholders request a hearing, the Municipal Court shall combine such matters into
one proceeding, and hold one hearing.
(g) At a hearing under this Article, both the person requesting the hearing and the
City may offer testimony, present any witnesses, and offer other evidence relevant
to any of the following issues:
(1) the sufficiency of any required notice of the existence of the
violations and the City's intent to abate such violations;
(2) the correctness of the amount of the charges assessed by the City to
abate the violations, or the reasonableness thereof;
• (3) if, and only if, the person requesting the hearing was not properly
served with notice prior to the abatement, the existence of the
violations; and
(4) any other matter determined by the Municipal Court to be relevant to
the City's entitlement to file a lien against the property and which has
not been waived.
(h) The failure to serve any owner or lienholder with notice shall not constitute
a defense under this Article for any other owner or lienholder.
(i) Any owner or lienholder who was properly served with notice as provided in
this Section who fails to timely request a hearing available under this Section shall
be deemed to have waived any complaints or objections that could have been raised
at such hearing, even if any other owner or lienholder did timely request a hearing.
Any owner or lienholder who was not properly served with notice as provided in this
Section but who has actual knowledge of the contents of the notice, or who appears
and participates in a hearing requested by another owner or lienholder, shall be
deemed to have waived any objection to any defect in notice.
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• (j) If no hearing is timelyrequested and ifthepropertyownerand lienholders fail
to pay the charges incurred, the mayor or the mayor's designee may file a statement
of such expenses containing the name of the owner (if known), the legal description
of the property on which the violation was abated, and the amount of fees and
expenses unpaid, with the Tarrant County Clerk, and such statement shall constitute
alien against the property on which the violations were abated. If a hearing is timely
requested, the lien statement may not be filed against the property unless authorized
to do so by order from the Municipal Court.
(k) The lien shall accrue interest at the highest rate allowed by law for such liens
from the date of filing until paid, and shall be security for the fees and expenditures
stated therein, plus accrued interest.
(1) Unless otherwise provided by law, the lien shall be inferior only to:
(1) tax liens; and
(2) liens for street improvements.
SECTION 8.
AMENDMENT OF SECTION 34-106
Section 34-106 of Division 2 of Article III of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Section 34-106. Authority of City to abate nuisance violation.
(a) The City Manager or the City Manager's designee is hereby authorized to
enter upon such property and abate a violation of this Article. Except as provided
otherwise in Section 34-108, prior to such abatement, the City Manager or the City
Manager's designee shall give notice to the owner and any known lienholder of any
property upon which a violation of this Article exists that the owner is in violation
of this Article, and provide an opportunity to abate such violation.
(b) Such notice shall conform to the following provisions:
(1) a description of the property on which the violations are to be abated,
which method of description may include any of the following: (i) a
legal description of the property by lot and block or by metes and
bounds, as applicable; (ii) a physical mailing address of the property;
or (iii) any other description which is reasonably calculated to inform
the owner of the property of the location of the property;
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• (2) a description of each violation on the property, including a reference
to the section of the City Code which is being violated;
(3) a statement that if the violation is not abated within seven (7) days of
service of the notice, the City intends to abate such violation on the
property and that the owner will be liable for all fees and expenses
incurred by the City in abating the violation;
(4) a statement that if the City is required to abate the violation, and if
such fees and expenses are not paid within ten (10) days of the date
of such notice, the City will file a lien against the property for such
fees and expenses, and that the City may thereafter foreclose on the
property;
(5) a statement that if the owner or lienholder wishes to contest the
existence of the violation or other matter pertaining to the violation
or property, the owner or lienholder must request a hearing by
submitting a written request for such hearing to both the Municipal
Court Clerk and the City Code Enforcement Officer within seven (7)
days of service of the notice.
(6) a statement that if any owner or lienholder fails to timely request a
• hearing, such owner or lienholder shall be deemed to have waived
any complaints or objections that could have been raised at such
hearing.
(c) The notice required by this Section must be in writing and served on the
owner and any known lienholder of the property on which the violation exists. It
may be served in any manner permitted by applicable law, including but not limited
to the following:
(1) personally served;
(2) mailed to the owner at the owner's address as recorded in the records
of the Tarrant Appraisal District, by regular and certified mail, return
receipt requested, and to any known lienholder at the lienholder's last
known mailing address by regular and certified mail, return receipt
requested; or
(3) if personal service as described above cannot be obtained, by one or
more of the following methods:
(A) by publication at least once;
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• (B) by posting the notice on or as near as practicable to the front
door of each building on the property on which the violation
exists; or
(C) if there are no buildings on the property on which the
violation exists, by posting the notice on a placard attached to
a stake driven into the ground on the property at a location
visible from a public street orright-of--way or other principal
means of access to the property.
(d) The address as recorded in the records of the Tarrant Appraisal District shall
be deemed sufficient and correct, and notice served by mail at such address in
accordance with this section shall be deemed sufficient, regardless of whether such
notice is actually received, and regardless of whether such notice is returned marked
"refused" or "unclaimed" or other notation indicating that it was not actually
delivered.
(e) Notice served bymail shall be deemed served on the third (3rd) day following
mailing, regardless ofwhen actual delivery is shown to have occurred. Notice served
by publication is deemed served on the date of publication. Notice served by posting
on the property is deemed served on the day of posting.
• (f) If any owner or lienholder requests a hearing within seven (7) days of service
of the notice to such owner or lienholder, the Municipal Court shall conduct a
hearing. Such request must be in writing and must be received by both the Municipal
Court Clerk and the City Code Enforcement Officer prior to the expiration of seven
(7) days from the date of service of such notice. If two or more property owners or
lienholders request a hearing, the Municipal Court shall combine such matters into
one proceeding, and shall hold one hearing.
(g) At a hearing under this Article, both the person requesting the hearing and the
City may offer testimony, present any witnesses, and offer other evidence relevant
to any of the following issues:
(1) the existence of the violation; and
(2) any other matter determined by the Municipal Court to be relevant to
the City's authority to abate the violation and which has not been
waived.
(h) The failure to serve any owner or lienholder with notice shall not constitute
a defense under this Article for any other owner or lienholder.
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• (i) Any owner or lienholder who is properly served with notice as provided in
this Section who fails to timely request a hearing available under this Section shall
be deemed to have waived any complaints or objections that could have been raised
at such hearing, even if any other owner or lienholder of the property timely requests
a hearing. Any owner or lienholder who was not properly served with notice as
provided in this Section but who has actual knowledge of the contents of the notice,
or who appears and participates in a hearing requested by another owner or
lienholder, shall be deemed to have waived any objection to any defect in notice.
SECTION 9.
AMENDMENT OF SECTION 34-107
Section 34-107 of Division 2 of Article III of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Section 34-107. Failure to comply with abatement.
If the owner of the property does not comply with a notice to abate a violation of this
Article issued by the City Manager or the City Manager's designee within seven (7)
days after the date the notice is served, the City Manager or the City Manager's
designee may enter the property and abate or correct the violation or retain a private
commercial contractor or another public entity to do so.
• SECTION 10.
AMENDMENT OF SECTION 34-108
Section 34-108 of Division 2 of Article III of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Section 34-108. Abatement of subsequent violations of like kind or nature.
(a) In a notice provided for in Section 34-106, the City Manager or the City
Manager's designee may inform the owner and any known lienholders that if the
owner commits another violation of the same kind or nature that poses a danger to
the public health and safety on or before the first anniversary of the date of the notice,
the City, without further notice, may enter the property and correct or abate the
violation or retain a private commercial contractor or another public entity to do so.
Such notice shall be served by any of the following methods:
(1) by all of the following:
(A) certified mail, return receipt requested,
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(B) regular mail, and
(C) posting the notice on the property; or
(2) by personally delivering the notice.
(b) If a violation covered by a notice under this Section occurs on or before the
first anniversary of the date of such notice, then the City Manager or the City
Manager's designee may enter upon such property without notice and abate or correct
the violation. In the event that the City Manager or the City Manager's designee
abates a violation pursuant to this Section, the City Manager or the City Manager's
designee may seek recovery of its fees and expenses incurred in abating the violation
as provided in Section 34-109.
SECTION 11.
AMENDMENT OF SECTION 34-109
Section 34-109 of Division 2 of Article III of Chapter 34 of the City Code of Richland Hills,
Texas is hereby amended to provide as follows:
Sec. 34-109. Assessment of expenses and lien.
• (a) All fees and expenses incurred by the City to abate or correct violations of
this Article shall be charged to the owner of the property. Such charge for fees and
expenses may include all of the following that are applicable:
(1) all expenses incurred by the City to retain a private contractor to abate
the violation or to rent equipment used to abate the violation;
(2) an administrative fee or charge as provided in the City Fee Schedule
contained in Appendix A of the City Code;
(3) a reasonable fee for the use of any equipment owned by the City used
in abating the violation, calculated by a survey, sampling, or estimate
of what a private commercial vendor would charge for leasing or
renting such equipment; and
(4) charges for time incurred by City personnel, calculated at either: (i)
the hourly cost to the City for employing such personnel, including al l
payroll taxes, insurance and other benefits multiplied by the number
of hours spent on such abatement, including preparation and travel
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• time; or (ii) a reasonable charge, based upon a survey, sampling, or
estimate of what a reasonable private commercial contractors would
have charged to perform such work.
(b) The City Manager or the City Manager's designee shall serve the owner of -
any property upon which the City has abated a violation of this Article notice, that
the City abated the violation and that the owner is liable for all fees and expenses
incurred by the City, and that it is the City's intent to file a lien against the property
if the amount shown in such notice is not paid within ten (10) days of the date of such
notice. The City Manager or the City Manager's designee shall also serve a copy of
such notice to any known lienholder. Such notice must be in writing and shall
include the following:
(1) a statement that the City abated such violations on the property;
(2) a description of the property on which the violation was abated,
which method of description may include any of the following: (i) a
legal description of the property by lot and block or by metes and
bounds, as applicable; (ii) a physical mailing address of the property;
or (iii) any other description which is reasonably calculated to inform
the owner of the property of the location of the property;
(3) a description of the violation on the property which was abated,
including a reference to the sections of the City Code violated;
(4) a statement that due to the abatement and the provisions of the City
Code, the owner owes the charges;
(5) an itemized statement of the fees and expenses, including the total
amount of such fees and expenses;
(6) a statement that if such fees and expenses are not paid, the City will
file a lien against the property, and that the City may thereafter
foreclose on the property;
(7) a statement that if the owner or any lienholder of the property wishes
to contest the City's entitlement to the fees and expenses, the
reasonableness or correctness of the fees and expenses stated, the
City's entitlement to file a lien on the property, or other matter
relating to the abatement, the owner or lienholder must request a
hearing by submitting a written request for such hearing to both the
Municipal Court Clerk and the City Code Enforcement Officer within
ten (10) days of service of the notice of the fees and expenses due;
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. and
(8) a statement that if any owner or lienholder fails to timely request a
hearing, such owner or lienholder shall be deemed to have waived
any complaints or objections that could have been raised at such
hearing.
(c) The notice described herein may be served in any manner permitted by
applicable law, including but not limited to the following:
(1) personally served;
(2) mailed to the owner at the owner's address as recorded in the records
of the Tarrant Appraisal District, by regular and certified mail, return
receipt requested, and to any known lienholder at the lienholder's last
known mailing address by regular and certified mail, return receipt
requested; or
(3) if personal service as described above cannot be obtained, by one or
more of the following methods:
(A) by publication at least once; or
(B) by posting the notice on or as near as practicable to the front
door of each building on the property on which the violation
exists; or
(C) if there are no buildings on the property on which the
violation exists, by posting the notice on a placard attached to
a stake driven into the ground on the property at a location
visible from a public street orright-of--way or other principal
means of access to the property.
(d) The address as recorded in the records of the Tarrant Appraisal District shall
be deemed sufficient and correct, and notice served by mail at such address in
accordance with this Section shall be deemed sufficient, regardless of whether such
notice is actually received, and regardless of whether such notice is returned marked
"refused" or "unclaimed" or other notation indicating that it was not actually
delivered.
(e) Notice served by mail shall be deemed served on the third (3rd) day following
mailing, regardless of when actual delivery is shown to have occurred. Notice served
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. by publication is deemed served on the date of publication. Notice served by posting
on the property is deemed served on the day of posting.
(f) If any owner or lienholder requests a hearing within seven (7) days of service
of the notice to such owner or lienholder, the Municipal Court shall conduct a
hearing. Such request must be in writing, and be received by both the Municipal
Court Clerk and the City Code Enforcement Officer prior to the expiration often (10)
days from the date of service of such notice. If two or more property owners or
lienholders request a hearing, the Municipal Court shall combine such matters into
one proceeding, and hold one hearing.
(g) At a hearing under this Article, both the person requesting the hearing and the
City may offer testimony, present any witnesses, and offer other evidence relevant
to any of the following issues:
(1) the sufficiency of any required notice of the existence of the
violations and the City's intent to abate such violations;
(2) the correctness of the amount of the charges assessed by the City to
abate the violations, or the reasonableness thereof;
(3) if, and only if, the person requesting the hearing was not properly
• served with notice prior to the abatement, the existence of the
violations; and
(4) any other matter determined by the Municipal Court to be relevant to
the City's entitlement to file a lien against the property and which has
not been waived.
(h) The failure to serve any owner or lienholder with notice shall not constitute
a defense under this Article for any other owner or lienholder.
(i) Any owner or lienholder who was properly served with notice as provided in
this Section who fails to timely request a hearing available under this Section shall
be deemed to have waived any complaints or objections that could have been raised
at such hearing, even if any other owner or lienholder did timely request a hearing.
Any owner or lienholder who was not properly served with notice as provided in this
Section but who appears and is permitted by the Municipal Court to participate in a
hearing requested by another owner or lienholder, shall be deemed to have waived
any objection to any defect in notice.
(j) If no hearing is timely requested and if the property owner and lienholders fail
to pay the charges incurred, the mayor or the mayor's designee may file a statement
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of such expenses containing the name of the owner (if known), the legal description
of the property on which the violation was abated, and the amount of fees and
expenses unpaid, with the Tarrant County Clerk, and such statement shall constitute
a lien against the property on which the violations were abated. If a hearing is timely
requested, the lien statement may not be filed against the property unless authorized
to do so by order from the Municipal Court.
(k) The lien shall accrue interest at the highest rate allowed bylaw for such liens
from the date of filing until paid, and shall be security for the fees and expenditures
stated therein, plus accrued interest.
(1) Unless otherwise provided by law, the lien shall be inferior only to:
(1) tax liens; and
(2) liens for street improvements.
SECTION 12.
AMENDMENT OF SECTION 34-110
Section 34-110 of Division 2 of Article III of Chapter 34 of the City Code of Richland Hills,
Texas is hereby is hereby amended to provide as follows:
• Section 34-110. Issuance of citation.
The provision of notice in Section 34-106 is not a condition precedent to the
prosecution of an offense alleged to have occurred under Section 34-81 and Sections
34-84 through 34-88. Failure to provide the notice specified shall not be a defense
to the prosecution of an offense alleged to have occurred under Sections 34-81
through 34-88.
SECTION 13.
AMENDMENT OF SECTIONS 34-111 THROUGH SECTION 34-113
Sections 34-111 through 34-113 inclusive are hereby deleted.
SECTION 14.
AMENDMENT OF DEFINITIONS IN SECTION 34-231
Section 34-231 of Division 2 of Article VI of Chapter 34 of the Code of Ordinances,
Richland Hills, Texas, is hereby amended by amending the following definition only, such definition
to provide as follows:
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Antique auto means a passenger car or truck that is at least 25 years old.
Junked vehicle means a vehicle that is self-propelled and:
(1) does not have lawfully attached to it:
(A) an unexpired license plate or registration; or
(B) a valid motor vehicle inspection certificate; and
(2) is:
(A) wrecked, dismantled or partially dismantled, or discarded; or
(B) inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public
property; or
(ii) 30 consecutive days, if the vehicle is on private
property.
• The remainder of Section 34-231 shall remain unchanged.
SECTION 15.
AMENDMENT OF SUBDIVISION III OF DIVISION I
OF ARTICLE VI OF CHAPTER 34
That Subdivision III of Division I, Article VI of Chapter 34 is hereby repealed and deleted
from the Code of Ordinances, City of Richland Hills, Texas, and is hereby replaced with a new
Subdivision III to provide as follows:
Subdivision III. Junked Vehicles
Section 34-261. Junked Vehicles Declared Public Nuisance.
A junked vehicle, including a part of a junked vehicle, that is visible at any
time of the year from a public place or public right-of--way:
(1) is detrimental to the safety and welfare of the general public;
(2) tends to reduce the value of private property;
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(3) invites vandalism;
(4) creates fire hazards;
(5) constitutes an attractive nuisance creating a hazard to the health and
safety of minors;
(6) produces urban blight adverse to the maintenance and continuing
development of the City; and
(7) is a public nuisance.
Section 34-262. Notice.
(a) Prior to any action being taken to abate and remove a junked vehicle constituting a
public nuisance from private property, public property or public right-of--way, not less than ten (l 0)
days notice shall be given, except as hereinafter provided, to the following parties:
(1) the last known registered owner of the junked vehicle as shown on the
certificate of title;
(2) any lienholder of record; and
• (3) the owner or occupant of the property upon which the junked vehicle is
located or the owner or occupant of the premises adjacent to the public right-
of-way on which the junked vehicle is located.
(b) The notice shall be mailed by certified mail with a five (5) day return and shall
contain the following:
(1) a description of the nature of the public nuisance;
(2) a statement that the junked vehicle must be removed and abated not later than
the 10th day after the date on which the notice was mailed;
(3) a statement that a public hearing shall be held before the Municipal Court on
the issue of abatement of the vehicle, and a recitation of the date and time of
the hearing, and the address and telephone number of the Municipal Court
Clerk;
(4) a statement that the recipient of the notice may request that such hearing be
postponed or rescheduled by filing with the Municipal Court Clerk a written
request for such and by delivering a copy of such request to the Code
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• Enforcement Officer prior to the date of the hearing;
(5) a statement that a request for postponement or rescheduling of the hearing is
within the discretion of the Municipal Court;
(6) a statement that a failure by the Municipal Court Clerk to respond to a request
to reschedule the hearing constitutes an automatic denial of such request; and
(7) a statement that if the owner or lienholder fails to abate the nuisance within
the ten (10) day period, and also fails to attend the hearing, such owner or
lienholder shall be deemed to have waived all right, title and interest in the
vehicle and their consent to disposal for the junked vehicle under the terms
of the Texas Transportation Code and this Article concerning the disposal of
junked vehicles.
(c) If the post office address of the last known registered owner of the
junked vehicle is unknown, notice may be placed on the junked vehicle, or, if the
owner is located, personally delivered.
(d) If any notice is returned undelivered by the United States Post Office,
the validity of the notice is not affected, and the notice is considered delivered,
however, official action to abate the nuisance shall be continued to a date not earlier
• than eleven (11) days after the date of the return of the notice.
Section 34-263. Hearing.
(a) Upon order of the Municipal Court, the City may be authorized to
abate the violation by removing the junked vehicle, provided, however, that nothing
contained herein shall prohibit the City from removing or abating a junked vehicle
from any public road or public right-of--way, or other location that constitutes an
obstruction to traffic or otherwise presents an immediate danger to the public health
or safety.
(b) At the public hearing, the Municipal Court shall hear and consider all
relevant evidence, objections or protests and shall receive testimony from owners,
witnesses, City employees and interested persons relative to such alleged public
nuisance. The hearing maybe continued from time to time.
(c) At the hearing the junked motor vehicle is presumed, unless
demonstrated otherwise by the owner, to be inoperable.
(d) Following the public hearing, the Municipal Court shall consider all
evidence and determine whether the vehicle, or any part thereof, constitutes a public
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• nuisance as alleged. If the Municipal Court finds that a public nuisance does exist
and that there is sufficient cause to abate the nuisance, and that notice requirements
provided in this Subdivision have been met, the Municipal Court shall enter a written
order authorizing the City to abate the nuisance.
(e) If the information is available at the location of the nuisance, the order
requiring removal of the nuisance shall include the vehicle's:
(1) description;
(2) vehicle identification number;
(3) license plate number; and
(4) a statement that the vehicle will be disposed of in accordance
with the Texas Transportation Code.
Section 34-264. Abatement of Nuisance.
Upon receipt of a written order from the Municipal Court which meets the
requirements of Section 34-263, the Code Enforcement Officer or any duly
authorized person may abate such public nuisance by removal and disposal of the
• junked vehicle in accordance with Section 34-268.
Section 34-265. Junked Vehicles Not to Be Made Operable after Removal.
After any junked vehicle has been removed under the authority of this
Subdivision, it shall not be reconstructed or made operable again.
Section 34-266 Notice to Department of Transportation.
No later than the fifth (5th) day after the date of removal of a junked vehicle
pursuant to this Subdivision, notice must be given to the state Department of
Transportation. Such notice must identify the vehicle.
Section 34-267 Relocation of Junked Vehicles.
After the City has sent notice in accordance with Section 34-262, the
relocation of a junked vehicle that is a public nuisance to another location in the City
has no effect on the proceeding if the junked vehicle constitutes a public nuisance at
the new location.
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• Section 34-268. Disposal of Junked Vehicles.
Any junked vehicle taken into custody by the City or any duly authorized
person pursuant to a provision of this Subdivision shall be disposed of in accordance
with applicable provisions of Chapter 683, subchapter E of the Texas Transportation
Code.
Section 34-269. Application of Subdivision.
The provisions of this Subdivision shall not apply to a vehicle or vehicle part
that is:
(1) completely enclosed within a building in a lawful manner where it is
not visible from the street or other public or private property; or
(2) stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or junkyard, or that is
an antique or special interest vehicle stored by a motor vehicle
collector on the collector's property, if the vehicle or part and the
outdoor storage area, if any, are:
(A) maintained in an orderly manner;
• (B) not a health hazard; and
(C) screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
Section 34-270 Offense.
(a) In lieu of or in addition to following the abatement proceedings set
forth in this Subdivision, the City may pursue the filing of a criminal complaint
against the owner or occupant of the property in the Municipal Court for violation of
this Subdivision or Chapter 683, Subchapter E of the Texas Transportation Code.
(b) A person commits an offense ifthe person maintains a public nuisance
described by Section 34-261 hereof. An offense under this Section is a misdemeanor
punishable by a fine not to exceed two hundred dollars ($200.00). Each day an
offense occurs shall be a separate offense.
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• Section 34-271. Removal With Permission of Owner or Occupant.
If, within ten (10) days after receipt of notice from the City in accordance
with Section 34-262 to abate the nuisance, the owner or occupant of the premises
shall give the City written permission to remove the junked motor vehicle from the
premises, the giving of such permission shall be considered compliance with
provisions of this Subdivision.
Section 34-272. Right of Removal from Streets Preserved.
Nothing in this Subdivision shall affect ordinances or other laws that permit
immediate removal of a vehicle left on public property which is abandoned or which
constitutes an obstruction to traffic.
SECTION 16.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
• SECTION 17.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 18.
SAVINGS CLAUSE
All rights and remedies of the City of Richland Hills are expressly saved as to any and all
violations of the provisions of the Code of Ordinances, Richland Hills, Texas relating to junked
vehicles or any other ordinances affecting nuisances which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but maybe prosecuted until final disposition by the courts.
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SECTION 19.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance twice in the official city newspaper
as authorized by Section 52.013 of the Local Government Code.
SECTION 20.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 21.
EFFECTIVE DATE
This ordinance shall 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 ON THIS ~ ~ DAY OF ~ , 2005.
T E HONORABLE NELDA STRODER, IVIAYGR
ATTEST:
BUTTER, CITY SECRETARY
EFFECTIVE: ~ r ~b O,S"
APPROVED O FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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