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HomeMy WebLinkAbout95-3048310 Junked Motor Vehicles ORDINANCE NO. 95-3048 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS WHICH PROVIDES FOR THE AMENDMENT OF ARTICLE II, CHAPTER 16, JUNKED MOTOR VEHICLES, TO ALLOW FOR MORE COMPLETE CONFORMANCE WITH STATE STATUTES; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WHEREAS, Article II, Chapter 16 of the Plainview Code of Ordinances provides for the regulation of the junked motor vehicles within the municipal limits; and WHEREAS&~t.~,~¢urrently~exists~ a need to am~n~ said article so that it more completely onforms w~th recently amended State statutes; and WHEREAS, the City Council of the City of Plainview, Texas feels that it is in the best interest of the citizenry of Plainview to amend said article; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas that: SECTION I: The following sections from Article II, Chapter 16 of the Plainview Code of Ordinances are hereby amended to read as follows: Sec. 16-21. Administration of article. The administration of this article shall be vested in the director of community development, the chief of police or their authorized representatives. Sec. 16-23. Defined as nuisance. A junked vehicle, as defined in Art. 4477-9a of the Texas Civil Statutes, or part thereof shall constitute a public nuisance when visible from a public place or public right-of-way, which is detrimental to the safety and welfare of the general public; tends to reduce the value of private property, invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors; or is detrimental to the economic welfare of the city, by producing urban blight which is adverse to the maintenance and continuing development of the city. 1 of 5 311 Sec. 16-24. Notice - Vehicle on private property_. The director of community development, chief of police or their authorized representatives of the city shall furnish notice to the owner of a junked vehicle or vehicles, or parts thereof, on private property, requiring that the same be removed and abated within ten (10) days of receipt of the notice. Said notice shall further inform the owner that a request for a hearing must be made before the expiration of said ten (10) day period; such notice to be mailed by the director of community development, chief of police or their authorized representatives, by certified or registered mail with a five (5) day return requested, to the last known registered owner of the motor vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle or, if the last known registered owner is physically located, the notice may be hand delivered. In the event any such notice is returned undelivered by the U.S. Post Office, official action by the director of community development, chief of police or their authorized representatives to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. Sec. 16-25. Same - Vehicle on public property_ or right-of-way The director of community development, chief of police or their authorized representatives shall furnish notice to the owner of a junked vehicle or vehicles, or parts thereof, on public property or on a public right-of-way, requiring that the same be removed and abated within ten (10) days of receipt of the notice. Said notice shall further inform the owner that a request fora hearing must be made before the expiration of said ten (10) day period; such notice to be mailed by the director of community development, chief of police or their authorized representatives by certified or registered mail, with a five (5) day return requested, to the last known registered owner of the motor vehicle and all lien holders of record and the owner or the occupant of the premises adjacent to the public property or public right-of-way whereupon such public nuisance exists. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle or, if the last known registered owner is physically located, the notice may be hand delivered. In the event any such notice is returned undelivered by the U.S. Post Office, official action by the director of community development, chief of police or their authorized representatives to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return Sec. 16-26. Municipal court; filing of complaint; abatement and removal; penalty_ The director of community development, chief of police or their authorized representatives may, in his/her discretion, file a complaint in the municipal court of the City of Plainview, for any violation of this article if such violation is not removed and abated, and the hearing is not requested within the ten (10) day period provided in sections 24 and 25 hereof. Any person found guilty of maintaining a public nuisance as defined herein shall be punished by a fine not to exceed two hundred dollars ($200) and the court shall also order removal and abatement of the nuisance. Each and every day that this article is 2 of 5 312 violated shall constitute a separate offense. Sec. 16-27. Public hearing. Prior to the removal of the junked vehicle or any part thereof as ~a public nuisance, a public hearing shall be held before the city council, when such hearing is requested by the owner or occupant of the public or private premise, or by the owner or occupant of the premises adjacent to the public right-of-way on which said junked vehicle or part thereof is located, within ten (10) days after service of notice to abate the nuisance. ~At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. Any resolution or order issuing from the city council, requiring the removal ora vehicle or part thereof, shall include a description of the vehicle and the correct identificatiOn number and license of the vehicle, if available at the site. Sec 16-28 Removal of vehicle to storage area; minimum impoundment Period; Claiming b__y payment of costs. After the expiration of the notice period provided for in this article, or after an order requiring the removal of such junked vehicle has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the director of community development, chief of police or their authorized representatives may, if said nuisance has not been abated, remove or cause to be removed the vehicle which is the subject of such notice, to a suitable city storage area designated by the city manager. Such vehicle shall be stored in such storage area for a period of not less than ten (10) days, during which period any party owning or claiming any right, title or interest therein, shall be entitled to claim possession of the same by the payment to the city of the actual cost or the city of abating such nuisance. Sec. 16-29. Notice to state department of highways and public transportation. Notice shall be given by the director of community development, chief of police or their authorized representatives to the State Department of Highways and Public Transportation of the State of Texas within five (5) days after the date of removal of the junked vehicle or part thereof, identifying said vehicle. Sec. 16-31. Disposal of vehicle; sale to highest bidder; salvage; disposition of proceeds; procedure when no bids tendered. When any junked vehicle has remained in the storage area provided for in section 16-28 for not less than ten (10) days, it shall be the duty of the director of community development, chief of police or their authorized representatives to dispose of the same by removal to a scrap yard, or by sale to any suitable site operated by the city, for processing as scrap or salvage; Out of the proceeds of the same, the director of community development, chief of police or their authorized representatives shall pay for the cost of removal and storage, with the balance, if any, to be paid to the person or persons entitled thereto (either. owner or lien holder). If there is no bid or offer for the junked vehicle, the director of community development, chief of police or their authorized representatives may dispose of the same by 3 of 5 313 causing it to be demolished or removed to a place designated by the city manager, or by permitting it to be removed by an individual who is willing to do so for the benefit of the junk or parts he can salvage.~.~,.~.~ SECTION II.~-~ -~ If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions thereof. SECTION III. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION IV. All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION V. This ordinance shall be of full force and effect upon its passage. PASSED AND APPROVED THIS 27 DAY OF APRIL, 1995. ATTEST: Lloyd Woods, Mayor Karen McBeth, City Secretary 4 of 5 314 causing it to be demolished or removed to a place designated by the city manager, or by permitting it to be removed by an individual who is willing to do so for the benefit of the junk or parts he can salvage. SECTIONII. ~ ~ If any section, subsection, sentence, clause,~rase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions thereof. SECTION III. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION IV. All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION V. This ordinance shall be of full force and effect upon its passage. PASSED AND APPROVED THIS 27 DAY OF APRIL, 1995. ATTEST: Lloyd Woods, Mayor Karen McBeth, City Secretary 4 of 5 315 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Wally H~ch, City Attorney Roy Osborne, Chief of Police 5 of 5