HomeMy WebLinkAboutOrdinances (O-88-698)-12/06/1988
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ORDINANCE NO. O-gg-h9R
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AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 7 OF THE COLLEYVILLE
CODE BY DEFINING JUNKED VEHICLE AND OTHER RELEVANT TERMS,
DECLARING JUNKED VEHICLES PUBLIC NUISANCES, EXEMPTING CERTAIN
JUNKED VEHICLES, ESTABLISHING AN OFFENSE AND SETTING A PENALTY
FOR THE MAINTENANCE OF A PUBLIC NUISANCE, ESTABLISHING A
SUMMARY PROCEDURE FOR ABATING A PUBLIC NUISANCE AND AUTHORIZING
PUBLICATION. .
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WHEREAS, the City Council is of the oplnlon that junked
vehicles constitute a public nuisance and are
detrimental to the health, safety and welfare of the
citizens;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS;
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See. 1:
That Part Q of section 1 of Chapter 7 of the
Colleyville Code be amended to read as follows:
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Q. Junked Vehicles
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(1) Definitions.
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(a) "Junked Vehicle" means a motor vehicle
as defined in section 1, Chapter 42,
General Laws, Acts of the 41st
Legislature, Second Called Session,
1929, (Article 670ld-ll, Vernons Texas
civil Statutes):
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(i) that is inoperative; and
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(ii) that does not have lawfully
affixed to it either an unexpired
license plate or a valid motor
vehicle safety inspection
certificate, that is wrecked,
dismantled, partially dismantled,
or discarded, or remains
inoperable for a continuous
period of more than 45 days.
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(b) "Antique Auto" means a passenger car
or truck that was manufactured in 1925
or before or a passenger car or truck
that is at least 35 years old.
(c) "Special Interest Vehicle" means a
motor vehicle of any age that has not
been altered or modified from original
manufacturer specifications and,
because of historic interest, is being
preserved by hobbyist.
(d) "Collector" means 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.
(2) Junked Vehicles as Public Nuisance.
(a) A junked vehicle or vehicle part that
is located in a place where it is
visible from a public place or public
right of way is detrimental to the
safety and welfare of the general
public, tends to reduce the value of
private property, invites vandalism,
creates fire hazards, constitutes and
attractive nuisance creating a hazard
to the health and safety of minors,
and is detrimental to the economic
welfare of the City by producing urban
blight adverse to the maintenance and
continued development of the City and
is hereby declared to be a public
nuisance. It is not a public nuisance
to maintain a vehicle or a vehicle
part that is completely enclosed
within a building in a lawful manner
where it is not visible from the
street or other public or private
property, a vehicle or a vehicle part
that is stored or parked in a lawful
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manner on private property in
connection with a business of a
licensed vehicle dealer or junkyard,
or an unlicensed, operable, or
inoperable antique or special interest
vehicle stored by a collector on the
collector's property, if the vehicle
and the outdoor storage area are
maintained in a manner so 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.
(b) A person commits an offense if that
person maintains a public nuisance as
determined under this section. Each
and every day said nuisance continues
shall constitute a separate and
distinct offense.
(c) A person who commits an offense under
this section is, on conviction,
subject to a fine not to exceed
$200.00. On conviction, the Court
shall order removal and abatement of
the nuisance.
Summary Procedure for Abating Public
Nuisance.
(a) Upon determination by the Police Chief
that a junked vehicle located on
private property constitutes a public
nuisance, the Police Chief or his
designee which must be a regularly
salaried, full time employee of the
city, shall give written notice that
the public nuisance must be removed
and abated within 10 days of the
notice or a request for a public
hearing before the city Council must
be made within said 10 day period.
Said written notice shall be mailed by
certified mail with a five day return
requested to the last known registered
owner of the junked vehicle, any
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lienholder of record, and the owner or
occupant of the private premises on
which the public nuisance exists. If
any notice is returned undelivered by
the united states Post Office,
official action to abate the nuisance
shall be continued to a date not less
than 10 days after the date of return.
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. (b) Upon the determination by the Police
Chief that a junked vehicle located on
pUblic property constitutes a public
nuisance, the Police Chief or his
designee, which must be a regularly
salaried full time employee of the
City, shall give written notice that
the nuisance must be removed and
abated within 10 days or a request for
a public hearing before the City
Council must be made before the
expiration of the 10 day period. The
notice shall be mailed by certified
mail with a five day return requested
to the last known registered owner of
the junked vehicle, any lienholder of
record, and the owner or occupant of
the public premises or the owner or
occupant of the premises adjacent to
the public right of way on which the
public nuisance exists. If the notice
is returned undelivered by the united
states Post Office, official action to
abate the nuisance shall be continued
to a date not less than 10 days after
the date of the return.
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(c) The notices given pursuant to sections
(a) and (b) hereof shall also
designate a time and place at which a
public hearing shall be held before
the removal of the vehicle or vehicle
part as a public nuisance. said
hearing shall be held before the
Police Chief of the City; provided,
however, if a hearing is requested by
the owner or occupant of the public or
private premises or owner or occupant
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of the premises adjacent to the public
right of way upon which the vehicle is
located within 10 days after service
of the notice to abate the nuisance,
said hearing shall be held before the
City Council. A resolution or order
requiring removal of the vehicle or
the vehicle part must include a
description of the vehicle and the
correct identification number and
license number of the vehicle if the
information is available at the site.
(4) After a vehicle or a vehicle part has been
removed pursuant to these procedures it
shall not be reconstructed or made
operable.
(5) The City shall give notice to the state
Department of Highways and Public
Transportation not later than the 5th day
after the date of removal, which shall
specify the identity of the vehicle or
vehicle part removed."
Sec. 2:
The City secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause hereof as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
The itrst readin~~d publiciPearing being conducted on the
) r day of 7! /T1~ yJtJc ~ , 1988.
The ~~ond readiry~nd pu~ic hearing being conducted on the
I~ 'day of ~~ , 1988.
The t~rd readi~n~ p~bl~~,hearing being conducted on the
~ i. I day of ~~ , 1988.
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City Secretary
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APROVED AS TO FORM AND LEGALITY:
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Ross
City
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CITY OF COLLEYVILLE
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H Buck" H baf!7
Mayor