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HomeMy WebLinkAboutO-2012-3413 amend Ch78 regulation/permitting of emergency tow truck operatorsORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USE OF STORAGE FACILITIES BY AUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection "5" , paragraph "d" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: d. That the applicant provide proof of 1) ownership of a properly fenced storage facility for towed vehicles or a contract with the owner, lessee, or other authorized user of a properly fenced storage facility for towed vehicles, allowing applicant to use the facility. In those cases where an applicant relies on a contract made with a party other than the actual owner of the facility, applicant shall provide satisfactory evidence that the use of the facility by applicant is permitted by the owner; 2) the size of his business location and lot; and 3) that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing;" Section 2. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by adding new paragraph "6" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(6) An applicant that fails to satisfy one or more of the requirements for acquiring an auto wrecker permit as established in this section may petition the committee for a variance. A request for a variance shall be submitted simultaneously with the application for operation ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USE OF STORAGE FACILITIES BY AUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection "5" , paragraph "d" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: d. That the applicant provide proof of 1) ownership of a properly fenced storage facility for towed vehicles or a contract with the owner, lessee, or other authorized user of a properly fenced storage facility for towed vehicles, allowing applicant to use the facility. In those cases where an applicant relies on a contract made with a party other than the actual owner of the facility, applicant shall provide satisfactory evidence that the use of the facility by applicant is permitted by the owner; 2) the size of his business location and lot; and 3) that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing;" Section 2. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new paragraph "6" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(6) An applicant that fails to satisfy one or more of the requirements for acquiring an auto wrecker permit as established in this section may petition the committee for a variance. A request for a variance shall be submitted simultaneously with the application for operation of an emergency auto wrecker(s), and shall state specifically the grounds for the request, including a showing why compliance with this article is not reasonably possible. The committee may impose additional requirements in any variance granted to a wrecker operator, but in no case shall it be empowered to grant a variance for use of a storage facility that is not located within the city limits, or that is contrary to federal and state laws, or city regulations established outside of this article. A person may appeal the grant or denial of a variance by the committee to the La Porte City Council, but only as part of an appeal of the committee's final ruling on the underlying application for an emergency auto wrecker permit(s), in accordance with the general appeal procedures in Section 78-224 of this chapter." Section 3. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-223 "Revocation or suspension of auto wrecker or towing vehicle permits", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending said Section 78-223, which shall hereinafter read as follows, to wit: "Sec. 78-223. — Revocation or suspension of auto wrecker or towing permits. (a) Upon a complaint being filed by any person with the city secretary, or upon motion of any member of the committee, alleging either 1) a violation of any of the terms or provisions of this article, 2) the violation of any of the laws of the state, federal government or city, or 3) substandard or non-performance by a permit holder under the requirements of Division 4 "Regulations" of this chapter, the committee may, after ten days' written notice to the permit holder stating the grounds of such complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this article or the laws of this state or federal government or other ordinances of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the right to appeal to the city council within ten days from the receipt of the written decision of the committee, but only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the city secretary, stating that an appeal is desired from the revocation of the committee. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the city council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten days, as set out in this subsection, the decision of the committee shall be final." Section 4. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-224 "Right of appeal from the rulings or findings of the committee", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by amending said Section 78-224, which shall hereinafter read as follows, to wit: "Sec.78-224. Right of appeal from the rulings or findings of the committee. Subject to restrictions on appeal under section 78-223 of this article, on all issues heard by the committee there is a general right of appeal to the city council. After the wrecker committee has made its findings and declares such findings, the applicant, or any person opposing the application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten days from the receipt of the city secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the city secretary stating that an appeal from the decision of the committee is desired. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable, after receiving such notice of appeal, together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the city council shall sustain, modify or reverse the findings made by the committee and shall so notify the city secretary of its findings. The findings of the city council shall be final. If no appeal is made to the city council from the committee's decision within ten days, as indicated in this section, then such decision shall become final." Section 5. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 6. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of , 2012. Q CITY OF L&PrQRTE, TEXAS is ATTEST: Patrice Fogarty City Secretary APPROVED: Cl Ar . As ins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested May 14, 2012 Source of Funds: Requested By: Tim Tietjens Budget Account Number: Department: Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Budgeted Item: YES NO Exhibits: Strike -through & Final Ordinance Versions SUMMARY & RECOMMENDATION At the April 23 City Council meeting, a workshop was held to discuss a request to consider an amendment to Chapter 78, Vehicles for Hire, of the La Porte Code of Ordinances, which provides the regulatory framework for emergency, non -consent towing in La Porte. The direction received was to remove the existing requirement that the property on which towed vehicles are stored must be owned by the operator of the vehicle storage facility. Additionally, direction was provided to include a variance process to the Wrecker Committee with appeal to City Council, as well as to allow for review of performance and response of the permitted wrecker operators. The attached ordinance accomplishes the above specified actions and is submitted for Council consideration. The yellow highlight is applicable carryover language from the versions considered at the April 23`d meeting, while the green highlighted language has been newly added in response to Council directives. Action Required by Council: Consider approval or other action of an amendment to Chapter 78, Vehicles for Hire, of the La Porte Code of Ordinances. Approved for City Council Agenda Steve Gill tt, Interim City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USE OF STORAGE FACILITIES BY AUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by amending subsection "5" , paragraph "d" , to said Section 78-297, which shall hereinafter read as follows, to wit: "(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: d. That the applicant provide proof of 1) ownership of a properly fenced storage facility for wvweeked towed vehicles or a contract with the owner, lessee, or other authorized user of a properly fenced storage facility for towed vehicles, allowing applicant to use the facility. In those cases where an applicant relies on a contract made with a party other than the actual owner of the facility, applicant shall provide satisfactory evidence that the use of the facility by applicant is permitted by the owner; 2) the size of his business location and lot; and 3) that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing;" Section 2. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-297 "Applications", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new paragraph "6" , to said Section 78-297, which shall hereinafter read as follows, to wit: ay petition the committee for a variance. A request for a variance shall be submitted simultaneously with the application for operation of an emergency auto wrecker(s), and shall state s ecifically the grounds for the request, including a showing why compliance is not reasonably possible. The committee may impose additional requirements in any variance granted to a wrecker operator, but in no case shall it be empowered to grant a variance for use of a facility that is not located within the city limits, MA person may appeal the grant or denial of a variance by the committee to the La Porte City Council, but only as part of an appeal of the committee's final ruling on the underlying application for an emergency auto wrecker permit(s), in accordance with the general appeal procedures in Section 78-224 of this chapter." Section 3. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-223 "Revocation or suspension of auto wrecker or towing vehicle permits", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending said Section 78-223, which shall hereinafter read as follows, to wit: "Sec. 78-223. — Revocation or suspension of auto wrecker or towing permits. (a) , the committee may, after ten days' written notice to the permit holder stating the grounds of such complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this article or the laws of this state or federal government or other ordinances of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the right to appeal to the city council within ten days from the receipt of the written decision of the committee, but only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the city secretary, stating that an appeal is desired from the revocation of the committee. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the city council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten days, as set out in this subsection, the decision of the committee shall be final." Section 4. Chapter 78, "Vehicles for Hire," Article III "Automobile Wreckers and Towing Vehicles", Division 2 "Wrecker Committee", Section 78-224 "Right of appeal from the rulings or findings of the committee", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending said Section 78-224, which shall hereinafter read as follows, to wit: "Sec.78-224. Right of appeal from the rulings or findings of the committee. Subject to restrictions on appeal under section 78-x-22 78-223 of this article, on all issues heard by the committee there is a general right of appeal to the city council. After the wrecker committee has made its findings and declares such findings, the applicant, or any person opposing the application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten days from the receipt of the city secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the city secretary stating that an appeal from the decision of the committee is desired. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable, after receiving such notice of appeal, together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the city council shall sustain, modify or reverse the findings made by the committee and shall so notify the city secretary of its findings. The findings of the city council shall be final. If no appeal is made to the city council from the committee's decision within ten days, as indicated in this section, then such decision shall become final." Section 5. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 6. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of , 2012. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney