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HomeMy WebLinkAboutOrdinances (O-88-698)-12/06/1988 1 r;?106t1L\\~ \ C\ 9\;'; \'6'(, >~ :2JC 1~rh cA- 2 ORDINANCE NO. O-gg-h9R 3 4 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. . 5 6 7 8 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; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS; 11 See. 1: That Part Q of section 1 of Chapter 7 of the Colleyville Code be amended to read as follows: 12 13 Q. Junked Vehicles 14 (1) Definitions. 15 (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): 16 17 (i) that is inoperative; and 18 19 (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. 20 21 22 23 24 25 1 26 tr\ 00 I ~ ,"I ,- (j - ,. f - 1..[.' f "./ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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 /. o ~e)c. --" to'17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3 . 15 16 17 18 19 20 21 22 23 24 25 26 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 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . _ ,,1 [) - t:f ,-/;, y f 1 2 3 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. 4 5 6 . (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. 7 8 9 (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 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I 16 I 17 18 19 20 21 22 23 24 I 25 I 26 II 1 (' II (/ / (.7f l/ -OtJ - fJ'j(. 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. -. .., 4 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 ;;&~~~ 3 City Secretary 5 APROVED AS TO FORM AND LEGALITY: 7 8 Ross City 9 u CITY OF COLLEYVILLE ~ H Buck" H baf!7 Mayor