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Home My WebLink About81-2471 ord/O ORDINANCE NO. 81-2471 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, PROVIDING FOR THE ABATEMENT AND REMOVAL OF JUNKED VEHICLES OR PARTS THEREOF, AS PUBLIC NUISANCES, FROM PRIVATE PROPERTY, PUBLIC PROPERTY, OR PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE SEIZURE THEREOF; PROVIDING FOR EXEMPTIONS THEREFROM; PROVIDING PROCEDURES FOR THE ENFORCEMENT OF SUCH REMOVAL; AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Plainview, Texas, has determined that junked vehicles or parts thereof constitute a public nuisance whether located on private property, public property, or public rights-of-way; WHEREAS, the City Council has determined that the removal of junked vehicles or parts thereof from private property, public property, and public rights-of-way would serve the public interest of the citizens of Plainview, Texas; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT: Section 1: The Director of Public Safety of the City of Plainview, Texas, 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 Public Safety 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. In the event any such notice is returned undelivered by the United States Post Office, official action by the Director of Public Safety to abate said nui- sance shall be continued to a date not less than ten (10) days from the date of such return. Section 2: The Director of Public Safety of the City of Plainview, Texas, 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 in- form 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 Public Safety 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 public property or public right-of-way whereupon such public nuisance exists. In the event any such notice is returned undelivered by the United States Post Office, official action by the Director of Public Safety to abate said nuisance shall be continued ten (10) days from the date of to a date not less than such return. Section 3: Any vehicle which has ancewi---i-~ the requirements of this een removed in accord- Ordinance shall not be reconstructed or made operable thezeafter. Section 4: Prior to the removal of vehicle or any part thereof as a pn a public hearing shall be held befc Council of the City of Plainview wh is requested by the owner or occups private premises or by the owner or premises adjacent to the public rig said junked vehicle or part thereof within ten (10) days after service abate the nuisance. Any resolution from said Commission requiring the vehicle or part thereof shall inclu of the vehicle and the correct iden and license number of the vehicle i the site. the junked blic nuisance, re the City en such a hearing nt of the public or occupant of the ht-of-way on which is located of notice to or order issuing removal of a de a description tification number f available at Section 5: Notice shall be given by the Director of Public Safety to the State Department of Highways and Public Transportation of the State of Texas within -2- five (5) days after the date of removal of the junked vehicle or part thereof identifying said vehicle. Section 6: This Ordinance shall not apply to (1) a Vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (2) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard; or (3) unlicenaed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the ve- hicles 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. Section 7: The administration of this Ordinance shall be vested in the Director of Public Safety of the City of Plainview, Texas, except that· the removal of the vehicles or parts thereof from property may be by any other duly authorized person acting on behalf of or in- structions from the Director of Public Safety. Section 8: After the expiration of the notice period provided for herein, or after an order requiring the removal of such junked Ye~icle has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the Director of Public Safety of the City of Plainview, or any other duly authorized person acting on behalf of or instructions from the Director of Public Safety, may, if said nui- sance 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 of the City of Plainview, Texas. 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 Plainview, Texas, the actual cost of the City of abating such nuisance. Sectioq 9: When any junked vehicle has remained in the storage area!provided for herein for not less than ten (10) ~ays, it shall be the duty of the Director of Public Safety of the City of Plainview, Texas, to dispose of the same by removal to a scrap yard or By sale to any individual sub- mitting the highest bid or offer received therefor or to remove the same to any suitable site operated by the City for processing as scrap or salvage. Out of the proceeds of the same, the Director Public Safety 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 Public Safety may dispose of the same by causing it to be demOlished or removed to a place designated by the City Manager, or by per- mitting 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 10: The Director of Public Safety may, in ~is discretion, file a complaint in the Municipal Court of the City of Plainview, Texas, ~or any vio- lation of this Ordinance if such violation zs not removed and abated, and the hearing is not requested within the ten (10) day period provided in Sections 1 and 2 hereof. Any person found guilty of main- taining a public nuisance as defined herein shall be punished'by a fine not to exceed $200.00 and the Court shall also order removal and abatement of the nuisance. Each and every day that this Ordinance is violated shall constitute a separate offense. Section 11: A junked vehicle or part thereof shall constitute a public nuisance when visible from a public place or public right-of-way which is detri- mental to the safety and welfare of the general public, tends to reduce the value of private property, to invite vandalism, to create fire hazards, to con- stitute an attractive nuisance creating a hazard to the health and safety of minors, or is detrimental to the economic welfare of the City of Plainview by producing urban blight which zs adverse to the maintenance and continuing development of the City. Section 12: If any Section, sentence, clause, or phrase o--f--this Ordinance is, for any reason, held to be unconstitutional or otherwise unlawful, such holding shall not affect the validity of the re- maining portions of this Ordinance, and all of the remainder of this Ordinance not so held to be un- constitutional or otherwise unlawful shall continue to be in full force and effect. Section 13: Ail expenses incurred in the abatement ~f such public nuisance shall be charged against the owner or owners of the junked vehicle. Such expense shall be payable in Plainview, Hale County, Texas, and the City of Plainview shall have the first and prior lien on such vehicle together with ten per cent (10%) interest on any delinquent amount from the date of removal of such vehicle. Section 14: Ail Ordinances or parts of Ordinances in ~0nflict herewith are hereby repealed. Ordinance No. 71-1207 is hereby specifically repealed. PASSED ON FIRST READING, this the 10th day of November, 1981. PASSED ON SECOND AND FINAL READING, this the 24th day of November, 1981. ATTEST: erk. ' ~. 'R-6~bert W~fylan~/, Mayor .~-~--