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ORDINANCE NO. 21-3722
AN ORDINANCE AMENDING ARTICLE 8.03 OF THE CODE OF
ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS AMENDING §§
8.03.003 — 8.03.008 AMENDING THE DEFINITION OF A JUNKED
VEHICLE; INCLUDING CERTAIN AIRCRAFT AND WATERCRAFT AS
JUNKED VEHICLES; PROVIDING FOR A PUBLIC HEARING IN
MUNICIPAL COURT; REMOVING ANY REFERENCE TO THE BOARD
OF ADJUSTMENT; PROVIDING FOR A PENALTY NOT TO EXCEED
$200.00 FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11,
Section 5 of the Texas Constitution as a home rule city, and Chapter 683 of the Texas
Transportation Code regulating junked vehicles, has the authority to set forth
ordinances and regulations and exercise its police powers for the public health, safety,
morals, or general welfare of the citizens of the City of Plainview; and
WHEREAS, the City Council previously declared junked vehicles within the City
of Plainview to be a public nuisance and provided for the abatement and removal of
such nuisance as codified inf Article 8.03 of the Code of Ordinances of the City of
Plainview; and
WHEREAS, the City Council of the City of Plainview finds it necessary to amend
Article 8.03 of the Code of Ordinances as it pertains to junked vehicles to reflect
changes and amendments to state law and to further clarify and amend the appeal
and hearing process for owners of vehicles that have been declared junked vehicles;
and
WHEREAS, the City Council of the City of Plainview, finds the following
amendment to the Code of Ordinances for the City of Plainview is reasonable and
beneficial for the public health, safety and general welfare of the citizens of Plainview
and a proper exercise of its police power;
NOW THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS
THAT:
SECTION 1. The findings and recitals outlined above are found to be true, factual and
correct and are hereby adopted and approved by the City Council and incorporated
into this ordinance as though set forth fully herein.
SECTION 2. The Code of Ordinances, City of Plainview, Texas, Article 8.03, "Junked
Motor Vehicles", §§ 8.03.003 — 8.03.008 of the Code of Ordinances of the City of
Plainview Texas, are hereby amended to read as follows (for reference purposes, new
additions to the Code of Ordinances are underlined and italicized with deleted or
omitted provisions indicated by strike out type):
Ordinance No. 21-3722 Page 1 of 7
"Sec.8.03.003 Definitions
(a) Definitions.
Antique auto. Passenger cars or trucks that were manufactured in 1925 or
before, or which became thirty-five (35) or more years old.
Junked vehicle. Any motor vehicle, aircraft, or watercraft as defined in Tows
that
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{24(1) Is:
(A) Wrecked, dismantled or partially dismantled, or discarded; or
(B) Inoperable and has remained inoperable for more than:
(i) Seventy-two (72) consecutive hours, if the vehicle is on public
property; or
(ii) Thirty (30) consecutive days, if the vehicle is on private
property; and-
(C) A motor vehicle a motor vehicle that displays an expired license
plate or does not display a license plate; or
(D) An aircraft that does not have lawfullV printed on the aircraft an
unexpired federal aircraft identification number registered under Federal
Aviation Administration aircraft registration regulations in 14 C.F.R. Part
47; or
(E) a watercraft that:
(i) does not have lawfully on board an unexpired certificate of
number; and
(ii) is not a watercraft described bV Section 31.055, Parks and Wildlife
Code.
Motor vehicle. A vehicle subject to registration under chapter 501, Texas
Transportation Code.
...
..
..
Special interest vehicle. A motor vehicle of any age which has not been altered
or modified from original manufacture's specifications and, because of its
historic interest, is being preserved by hobbyists.
Ordinance No. 21-3722
Page 2 of 7
447
Sec. 8.03.004 Declaration of public nuisance
(a) A junked vehicle, including a part of a junked vehicle, that is visible at any
time of the year from a public place or right of way:
(1) is detrimental to the safety and welfare of the public;
(2) tends to reduce the value of private property;
(3) invites vandalism;
(4) creates a fire hazard;
(5) is an attractive nuisance creating a hazard to the health and safety of
minors;
(6) produces urban blight adverse to the maintenance and continuinq
development of the city, and
(7) is a public nuisance.
felt shall be unlawful for any person to leave or permit to remain upon any
public property, public right-of-way, or upon any lot or tract of land within the
city any junked vehicle as defined in section 8.03.003. The owner or occupant
of any premises within the city shall not keep or permit other persons to keep
any junked vehicle or parts thereof on said premises in ordinary public view.
Sand junked vehir--less -Are hereby deGlared to be p6ib!'G RUisaRGe.
Sec.8.03.005 Notice
(a) Whenever any public nuisance, as declared in section 8.03.004 exists in
the city, the code enforcement officer, chief of police, or their designee shall
furnish written notice to the following: (1) the last known registered owner of the
junked meter vehicle; (2) every lienholder of record; and (3) the owner or the
occupant of the premises whereupon such nuisance exists or abuts the public
property whereupon such nuisance exists, to abate or remove such public
nuisance. A vehicle description, including identification number and license
plate number, if available, shall be included in notice.
(b) The notice required to be sent shall:
(1) Be in writing;
(2) State the nature of the public nuisance and specify that the nuisance
must be removed and abated within ten (10) days after receipt of notice;
(3) State that the recipient of the notice may request a public hearing
before the iudoe in municipal court within ten (10) days of receipt of the
notice:
(94) State that the failure to abate and remove the nuisance or failure to
Ordinance No. 21-3722 Page 3 of 7
LOO
atteRd request awe hearing within ten (10) days of receipt of the notice
after. nvfiice constitutes a waiver by the owner and lienholders of all right,
title, and interest in the vehicle, and their failure to abate the nuisance or
attefld request a tie hearing after notice will be deemed consent to dispose
of such junked vehicle in accordance with this article. the Feuisier}s-ef
(c) The notice may be served personally or by certified or registered mail
with a five-day return receipt requested. If the notice is returned undelivered by
the U.S. Postal Service, abatement by the city may proceed no earlier than the
eleventh (11 th) day after the date of the return. nnf io06 than fen (1 0) days afte
the `fafo of c„nh rof„rn
Sec. 8.03.006 Filing of complaint; penalty; presumption of ownership;
prima facie evidence
(a) Whenever a junked vehicle is found to exist within the city in violation of
this article , the
city may, in addition to pursuing the abatement of the nuisance ' ,
pursue the filing of an complaint against the owner of the vehicle
or the person responsible for such violation.
(b) (1) Any person violating any of the provisions of this article relating to
the maintaining of a public nuisance as described herein or in permitting or
allowing such public nuisance to exist, shall be deemed guilty of a
misdemeanor and conviction thereof shall be punishable by a fine not to
exceed two hundred dollars ($200.00). Each day shall constitutes a
separate and distinct violation.
(2) On conviction, in addition to any fine assessed, the court shall order
removal and abatement of the nuisance.
(3) It shall be an affirmative defense to any prosecution under this
provision that the notice required by section 8.03.005 of this article was not
given to the defendant prior to the commencement of the criminal
prosecution.
(c) The person in whose name a junked vehicle is last registered shall be
presumed to be the owner and person in control of such vehicle for purposes
of prosecution under this article. Proof of ownership may be made by
production of a copy or facsimile of the registration of a vehicle with the state
department of transportation or the county motor vehicle licensing department
or any other licensing authority showing the name of the person to whom the
license plates for the vehicle were issued. This proof shall constitute prima facie
evidence of the fact that the person to whom such certificate of registration was
issued was the owner and person in control of the junked motor vehicle
determined to be a public nuisance. This presumption may be rebutted by
competent evidence.
Ordinance No. 21-3722
Page 4 of 7
I FA us
NLIEJM
Sec. 8.03,007 Public hearing
(a) Any recipient of the notice required under Sec. 8.03.005 may request a
public hearing before the judge in municipal court. Such request for a hearing
must be in writing and delivered to the city secretary within ten (10) days of
receipt of the notice provided under Sec. 8.03.005. Any hearing requested
shall be held no earlier than the eleventh (1 Ph) day after the date of the service
of notice.
th , GIor thirtinle ni as a blin ni isanne , Fray he hold- hefere the heard
s a
meeting
of+er
v%dstment ,�,i7�Zen (1ll�Ys or at the next dfesigRatedl
adjustment `" days'
hearing, The eed-e enferd•ement nffiner , nhief of nnline , dfOF their esinnees will
seek an nrdier from si ieh heard- den, iirinn the remey l of si inh junked vehicle
Rurnber of the
Any order of the beard FequiFing rerneval of a vehiGle or paFt thereof shall
Yehinleif available of the site.
,
(b) The hearing shall be administrative in nature. If the information is
available at the location of the nuisance, any order requiring removal of the
nuisance must include:
I1) for a motor vehicle, the vehicle's:
(A) description;
(B) vehicle identification number, and
(C) license plate number;
(2) for an aircraft, the aircraft's:
(A) description; and
(B) federal aircraft identification number as described by Federal
Aviation Administration aircraft registration regulations in 14 C.F.R. Part
47; and
(3) fora watercraft, the watercraft's:
(A) description; and
(B) identification number as set forth in the watercraft's certificate of
number.
avaffilable.
fer+h
vehicle.
(5) The heard-°s find -inn as to whether netine ren,iirerreents sere met es set
in this �rtinle
Ordinance No. 21-3722 Page 5 of 7
450
(c) Upon determination by the municipal court judge bead --that the motor
vehicle, aircraft or watercraft is a junked vehicle under this article, the owner or
occupant of the premises upon which the meteF junked vehicle is located shall
be ordered to remove the vehicle within ten (10) days or, if hardship is found to
exist, within thirty (30) days. In the event the owner or occupant of the premises
shall fail to comply with an order of the court to remove the vehicle per the
court's order, the code enforcement officer, chief of police, or their designee
shall cause such iunked vehicle to be removed from the premises where it is
located at the time.
(d) If no hearing is requested within the time provided in this section the code
enforcement officer. chief of police. or their desionee shall abate the nuisance
and cause such junked vehicle to be removed from the premises where it is
located at the time and disposed of in accordance with this article.
The board shall make a written order 6etting fc)Fth their findiRg6 and ordering
that the nu nno r oved and that o Rio o ho dispeo of in
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Transportatien 1
if the ni-isanne falls to he ahated within the time pe4Gd
pmpeFty.
Sec. 8.03.008 Removal and disposal of vehicles
Any iunked vehicle required to be removed or disposed of pursuant to this
article shall be transported to a scrap yard, demolisher or other suitable site
where the iunked vehicle shall be disposed of as scrap or salvage. Any
Personal
Property^��c^o�nrttents shall be disposed of as abandoned propert . e
'event the beaFd a der6 removal ,w, the Gede enforVCeiMent
Gff*GeFf Ghief of f
11
dealer,
SECTION 3. Penalty. A violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable in accordance with Section 1.01.009 of the Code of
Ordinances, City of Plainview, Texas.
SECTION 4. Effective Date. This ordinance shall take effect immediately from and
after its passage and publication as may be required by governing law.
SECTION 5. Repealed. All other terms and provisions of the Code of Ordinances,
City of Plainview, Texas not in conflict herewith and not hereby amended shall remain
in full force and effect.
SECTION 6. Severability. If any provision, section, subsection, sentence, clause or
the application of same to any person or set of circumstances for any reason is held
to be unconstitutional, void or invalid or for any reason unenforceable, the validity of
the remaining portions of this ordinance or the application thereby shall remain in
effect, it being the intent of the City Council of the City of Plainview, Texas in adopting
this ordinance, that no portion thereof or provision contained herein shall become
Ordinance No. 21-3722 Page 6 of 7
451
1
inoperative or fail by any reasons of unconstitutionality of any other portion or
provision.
SECTION 7. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this
Ordinance as an alternative method provided by law.
Passed and approved on first reading this 28th day of September, 2021.
Passed and approved on second reading this 121h day of October, 2021.
ATTEST:
W'j 4-
- - c_j / X/
Belinda Hinojosa, ql-tyAecretary
APPROVED AS TO CONTENT:
Jeffrey /�i er, Manager
APPROVED S TO FORM:
Matt w L. Wade, City Attorney
Ordinance No. 21-3722 Page 7 of 7