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HomeMy WebLinkAboutO-1983-1387 . e , ,-. -. . . ORDINANCE NO. 1387 AN ORDINANCE PERTAINING TO JUNKED VEHICLES, DEFINING TERMS, DECLARING JUNKED VEHICLES A PUBLIC NUISANCE, PROVIDING FOR NOTICE TO ABATE SUCH PUBLIC NUISANCE 1 PROVIDING FOR A PUBLIC HEARINGi PROVIDING FOR THE DISPOSAL OF, JUNKED VEHICLES TO DEMOLISHERS 1 PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TH IS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN 'IWO HUNDRED DOLLARS ($200.00) 1 CONTAINING A SEVERABILITY CLAUSE 1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Definitions. Whenever the following terms are used in this article they shall have the meaning respectively ascribed to them in this section: JUNKED VEHICLE. Means any motor Section 1, o.f Article 670ld-ll, Statutes, as amended, which: vehicle as Vernon's defined in Texas Civil (a) is inoperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked1 dismantled1 partially dis- mantled1 or discardedi or (b) remains inoperable for a continuous per iod of more than 120 days. PERSON. Any individual, firm, partnership, association, corporation, company, or organization of any kind. DEMOLISHER. Any person whose business is to motor vehicle into processed scrap or scrap otherwise to wreck or dismantle motor vehicles. convert a metal, or Section 2. Location or Presence of Junked Vehicles Within City Deemed Public Nuisance: Exceptions. The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the City of La Porte shall be deemed a public nuisance and it shall be unlawful for any person or persons to cause or maintain such publ ic nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his or their vehicle or vehicles on the property . e . Ordinance No to 1387 , Page 2. e of another or to suffer, permit or allow the same to be placed, located, maintained or exist upon his or their own real property 1 provided that: this section 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) unlicensed, inoperable antique vehicles stored on property, provided, that the vehicles 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 3. Abatement or Removal Order: Contents: Service. (a) Whenever such public nuisance exists in the City in violation hereof, the Chief Building Official and/or his employees, who shall administer this ordinance, shall not give less than ten (10) days notice to the owner of the real property or the occupant, if any, of the premises whereon such public nuisance exists to abate or remove the same, stating the nature of the public nuisance of private property and that it must be removed and abated within ten (10) days and further that a request for cl hearing must be made before the expiration of said ten (10) day period by the aggrieved person, such notice to be mailed., by certified or registered mail with as-day return receipt requested, to the owner or the occupant of the private premises whereupon such public nuisance exists. If the notice is returned undelivered by the Un i ted States Post Office, official action to abate said nuisance shall be continued , . it e Ordinance No. 138 7 , Pa g e 3 . . to a date of not less than ten (10) days from the date of such return. (b) Whenever such publ ic nuisance exists in the Ci ty in violation hereof, the Chief Building Official and/or his employees, shall have not less than a ten (10) day notice, stating the nature of the public nuisance on the public property or on a public right-of-way and that it must be removed and abated wi thin ten (10) days and further, that a request for a hearing must be made before expiration of said ten (10) day period, such notice to be ma iled, by certif ied or registered mail with a 5-day return receipt requested, to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists. If the notice is returned undelivered by the United States 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. (c) After a vehicle has been removed, it shall not be reconstructed or made operable. (d) A public hearing prior to the removal of the vehicle or part thereof as a public nuisance is to be held before the governing body of the Ci ty, or off icial of the Ci ty as designated by the governing body, when such a hearing is requested by the owner or occ'llpant of the public or private premises or by the owner or occupant of the premises adjacent to the public right- of-way on which said vehicle is located, within ten (10) days after service of notice to abate the nuisance. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identif icaticm number and license number of the vehicle, if available at the site. e . . e e Ordinance No. 1387 , Page 4. e (e) Notice by the City is to be given to the Texas Depart- ment of Highways and Mass Transportation within five (5) days after the date of removal identifying the vehicle or part thereof. Said Departml~nt shall forthwith cancel the certificate of title to such vehicle pursuant to Article 6687-1, Vernon's Civil Statutes Annotated. (f) The Chief Building Official and/or his employees, of the City shalll administer the removal of vehicles or parts thereof from property. . Section 4. Removal with Permission of Owner or Occupant. If, within ten (10) days after receipt of notice from the Chief Building Official and/or his employees, or his duly authorized agent, to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the Chief Building Official and/or his employees, or his duly authorized agent for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of Section 3. , Section 5. Disposal of Junked Vehicles. (a) If such public nuisance is not abated by said owner or occupant after notice is given in accordance with this ordinance, official action shall be taken by the City of La Porte to abate such nuisance. Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolishers, or any suitable site operated by the City of La Porte for process as scrap or salvage, which removal or process shall be considered with Section 5, subdivision (b) of this ordinance. A junked vehicle disp()sed of to a demolisher, in accordance with this ordinance, must be transferred to such demolisher by a form . . 1387 , , Page 5. e Ordinance NO. e acceptable to the Texas Department of Highways and Mass Trans- portation (Form #MVD 7l-5). The transfer, receipt must be listed on the demolisher's inventory list and surrendered to the Texas Department of Highways and Ma'ss Transportation in lieu of the Certificate of Title under the provisions of Vernon's Annotated P. C. art. 1436.2. (b) After a vehicle has been removed pursuant to this Section, it shall not be reconstructed or made operable by any person. (c) Notice shall be given to the Texas Department of Highways and Mass Transportation five (5) days after the date of removal identifying the vehicle or part thereof. I Section 6. Authority to Enforce. The Chief Building Official and/or his employees, or his authorized agent, may enter upon private property for the purposes specified in this ordinance to examine vehicles or parts thereof, obtain infor- mation as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this ordinance. The Municipal Court of the Ci ty of La Porte shall have authority to issue all orders necessary to enforce such ordinance. Section 7. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordi- nance, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). . Section 8. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity . e 1387 , Page 6. e Ordinance No. shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. I Section 9. 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 Ci ty Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings law, Article 6252-17, Texas Revised Civil Statutes Annotated1 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 contents and posting thereof. e Section 10. 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 in the City ,of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED l\ND APPROVED this the 1983. I Q J:f._ " I day of &~v , CITY OF LA PORTE . By . . e Ordinance No. 1387 , Page 7. ATTE:ST: ~p~ City Secretary . APPROVED: , .