O-2010-3265 updating junked motor vehicle regulations

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proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding. (c) This section shall not apply to a vehicle or part of a vehicle that is: (1) Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: a. Maintained in an orderly manner; b. Not a health hazard; and c. Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery. (d) The relocation of a junked vehicle that is subject to a proceeding for the abatement and removal of said junked vehicle under this Code, does not constitute an abatement of said junked vehicle nuisance, provided that said junked vehicle constitutes a public nuisance at the new location." SECTION 5. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-170 "Public hearing; resolution or order for removal", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 34-170. Public hearing; resolution or order for removal. (a) A public hearing prior to the removal of the vehicle or part thereof as a public nuisance is to be held before the city council, municipal court judge, or other official of the city as designated by the city council, when such a hearing is requested by the owner or occupant of the public or private premises, or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten days after service of notice to abate the nuisance. (b) A public hearing ordered under this section shall be held not earlier than the I It" day after the date of the service of notice. (c) At the public hearing, the vehicle which is the subject of the hearing is presumed, unless demonstrated otherwise by the owner, to be inoperable. (d) Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the vehicle identification number and license plate number of the vehicle, if available at the site. (e) A judge of the La Porte Municipal Court may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this section." Page 3 of 5