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HomeMy WebLinkAboutO-1971-909 .' '. . ..' . . p/ ORDINANCE NO. qOq AN ORDINANCE AMENDING SECTION 310.8 OF THE SOUTHERN STANDARD HOUSING CODE BY ADDING THERETO SECTION 3l0.8A ENTITLED "JUNKED MOTOR VEHICLES" AND CONTAINING SUB-SECTIONS (A) THROUGH (M); ADOPTING PART OF THE TEXAS ABANDONED MOTOR VEHICLE ACT; DECLARING THE PRESENCE OF ANY JUNKED MOTOR VEHICLE WITHIN'" THE CITY OF LA PORTE TO BE A PUBLIC NUISANCE, WITH CERTAIN EXCEPTIONS; PROVIDING FOR NOTIFICATION TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON OCCUPIED PREMISES; PROVIDING FOR PRELIMINARIES TO HEARING IN MUNICIPAL COURT; PROVIDING FOR HEARING IN MUNICIPAL COURT; PROVIDING FOR REMO~AL OF JUNKED MOTOR VEHICLES; PROVIDING FOR REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF MUNICIPAL COURT; PROVIDING FOR AUTHORITY TO ENFORCE; PROVIDING FOR A PENALTY; PROVIDING FOR NOTICE TO OWNER TO ABATE PUBLIC NUISANCE ON UNOCCUBIED PREMISES; PROVIDING FOR A SAVINGS CLAUSE; AND PRO- VIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: (A) TITLE (1) That Section 310.8 of the Southern Standing Housing Code,is hereby amended by adding thereto Section 3l0.8A includ- ing Sub-sections (A) through (M), which shall be known as the "Junked Motor Vehicle Ordinance" and shall hereinafter read as follows: (B) TEXAS ABANDONED MOTOR VEHICLE ACT ADOPTEO (1) All provisions of the Texas Abandoned Motor Vehicle Act of 1971, governing junked vehicles, are hereby expressly incorporated into this ordinance and adopted. (2) All references to the "Texas Abandoned Motor Vehicle '- Act" shall mean the Texas Abandoned Motor Vehicle Act of 1971 as codified in Vernon's Ann. P.C. Art. 1436-3 and any subse- quent amendments thereto. (C) JUNKED VEHICLES DECLARED A PUBLIC NUISANCE (1) Junked vehicles as defined and referred to in the Texas Abandoned Motor Vehicles Act are hereby declared to be a public nuisance. (D) EXCEPTIONS (1) The provisions of this Ordinance shall not apply to: (a) Any vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property; (b) Any vehicle or part thereof which is stored or e . Ordinance No. 909 , Page 2. . . parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junk yard; (c) Any motor vehicle retained by the owner for antique collection purposes and which is not a IIjunked vehicle" within the meaning of the Texas Abandoned Motor Vehicle Act; (d) Any motor vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment. (E) NOTIFICATION (1) Whenever any such public nuisance is within the City in violation of this Ordinance, the Building Official or apy duly authorized person shall order the owner or the occupant of the premises to abate or remove the same. Such order shall: (a) Be in writing; (b) Specify the public nuisance and its location; (c) Specify the corrective measures required; (d) Request compliance within ten (10) days from . service thereof; (e) State that any request for a hearing must be granted before the expiration of said la-day period; (f) Be mailed by certified or registered mail with a five (5) day return requested; . (2) If the above notice is returned undelivered by the U.S. Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. After the expiration of said ten (10) day period the Municipal Judge shall have the power to order the removal of the vehicle. (F) PRELIMINARIES TO HEARING (1) In the event that an interested person desires the hearing provided for in this Ordinance,he shall present such request to the Clerk of the Municipal Court of the City of La Porte, either in person or in writing, and said Clerk shall e e 909 , Page 3. Ordinance No. :.' '" ,- set a date and a time when said interested person may appear before a Judge of the Municipal Court for a hearing in accord- ance with Paragraph (G) below to determine whether or not he is in violation of this Ordinance. (G) HEARING (I): Upon receiving a request for hearing the Clerk of the Municipal Court shall set a date and time for such hearing on the Court Docket. The Clerk of the Municipal Court shall notify the City Attorney of the date and time of such hearing. The City Attorney shall cause to be prepared, filed, and '. served on the defendant, a written complaint charging that the owner or occupant of the premises, as the case may be, has violated this Ordinance. After service, such complaint shall be on file with the Clerk of the Municipal Court not less than ten (10) days prior to the date of hearing. (2) The Judge of the Municipal Court shall hear any case brought before said Court, as set out herein, and shall determine whether or not the defendant is, in fact, in violation of this Ordinance. If the addressee of the above letter does not properly request trial in Municipal Court, then said omission shall be deemed an admission that the automobile or part thereof, .' in question, is a public nuisance. Upon finding that said defendant is in violation of this ordinance, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision hereinafter set forth. The Judge of said Court shall further order said defendant to remove and abate said nuisance within ten (10) days. If the defendant shall fail and refuse within said ten (10) days to .' abate or remove the nuisance the Judge of the Municipal Court may enter an order directing the Building Official to have the same removed, and the Building Official or any duly authorized person shall take possession of said junked motor vehicle and remove it from the premuses. The Building Official or any duly authorized person shall thereafter dispose of said junked motor e e Ordinance No. 909 , Page 4. '. vehicle in accordance with this Ordinance. If, after the expiration of such ten (10) day period, the defendant has not caused or allowed the said vehicle to be removed from the premises, he shall be in violation of this ordinance and be subject to a different penalty for each day thereafter. (H) REMOVAL OF JUNKED MOTOR VEHICLES (1) If within ten (10) days of receipt of notice from the Building Official or any duly authorized person, to abate or remove a nuisance, the owner or occupant of the premises shall give his written permission to the Building Official or any duly authorized person for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this Ordinance. (2) In no event will a junked motor vehicle be recon- structed or made operable. (3) The Building Official or any duly authorized person shall give notice to the Texas Highway Department within five (5) days after the date of removal and identify the vehicle or part thereof. (4) Junked motor vehicles or parts thereof may be disposed of by removal to a scrap yard, demolishers, or any suitable site operated by the City for processing as scrap or salvage, which process shall be consistent with the Texas Abandoned Motor Vehicle Act. (I) AUTHORITY TO ENFORCE (1) The Building Official of the City of La Porte shall have full responsibility for administration of this Ordinance by its regularly salaried, full time employees, except that the removal of junked motor vehicles or parts thereof from property may be by any other duly authorized person. (2) The Building Official or any duly authorized person may enter upon private property for the purposes specified in this Ordinance to examine motor vehicles or parts thereof, ... .' . e e Ordinance No. 909 , Page 5. .' obtain information as to the identity of motor vehicles, and remove or cause the removal of a motor vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. :J (3) The Municipal Court shall have authority to issue all orders necessary to enforce this Ordinance. (4) Nothing in this Ordinance shall be construed to affect statutes that permit immediate removal of a motor vehicle left on public property which constitutes an obstruction to traffic. (J) PENALTY e. (1) Any person violating any of the provisions~'6f this ordinance shalL;be d~emed guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than Two Hundred and No/lOO Dollars ($200.00). (a) Each transaction in violation of any of the provisions hereof shall be deemed a separate offense. (b) Each day a public nuisance is allowed to continue after it has been duly determined to be 'such, shall constitute a separate violation. (K) REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF MUNICIPAL COURT ,. (1) If there is a junked motor vehicle on premises that are unoccupied and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove same, then, upon a showing of such facts to the Judge of the Municipal Court, the Court may issue an order directing the Building Official or any duly authorized person to have the same removed, and the Building Official or any duly authorized person shall take possession of said junked motor vehicle and remove it from the premises in the procedure provided for by this Ordinance. (L) SAVINGS CLAUSE . (1) It is hereby declared to be the intention of the City Commission of the City of La Porte that the sub-sections, . . Ordinance No. 909, Page 6. .~ paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any of them shall be declared uncon- stitutional or invalid by the valid judgment or decree of any court of common jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sub-sections, paragraphs, sentences, clauses or phrases of this Ordinance since the same would have been enacted by the City Commission of the City of La Porte without the incorporation of this Ordinance of any unconstitutional or invalid SUb-sections, paragraphs, sentences, clauses or phrases. .' (M) EFFECTIVE DATE (1) This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of LaPorte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED, this the 6th day of ;December, 1971. ~, -, CITY OF LA PORTE, TEXAS By i:<~it~ . APPROVED: Ci~~ ~ .