ORD CC 06/12/73 - Junked VehiclesAN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR
DEFINITION OF CERTAIN TERMS; PROVIDING FOR PROCEDURES FOR
ABATEMENT AND REMOVAL OF JUNKED VEHICLES OR PARTS THEREOF,
AS PUBLIC NUISANCES, FROM PRIVATE PROPERTY OR PUBLIC PROPERTY;
PROVIDING FOR NOTICE; PROVIDING FOR HEARING; PROVIDING FOR
NOTICE TO TEXAS HIGHWAY DEPARTMENT; PROVIDING FOR EXCEPTIONS
THgRETO; PROVIDING FOR OFFICIALS TO ADMINISTER; PROVIDING
FOR DISPOSAL OF JUNKED VEHICLES; AUTHORIZING OFFICIALS TO
GO ON PRIVATE PROPERTY FOR INSPECTION AND REMOVAL OF JUNKED
VEHICLES; CONTAINING A SAVINGS CLAUSE; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS:
Section 1. Definitions
a. Demolisher means any person whose business is to
convert a motor vehicle into process scrap or scrap metal, or
otherwise to wreck or dismantle motor vehicles.
b. Junked vehicle means any motor vehicle as defined
in Section 1 of Article 827A, Vernon's Texas Penal Code, as
amended, which 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 wrecked; dismantled; partially dismantled; or discarded.
c. Motor Vehicle means any motor vehicle subject to
registration pursuant to the Texas Certificate of Title Act.
Section 2. Junked Vehicle Declared a Public Nuisance
Junked Vehicles which are located in any place where
they are visible from a public place or public right -of -way are
detrimental to the safety and welfare of the general public,
tending to reduce the value of private property, to invite
vandalism, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of minors,
and are detrimental to the economic welfare of the City of
Huntsville, by producing urban blight which is adversed to the
maintenance and continuing development of the City of Huntsville,
and such vehicles are therefore, declared to be a public nuisance.
Section 3. Junked Vehicles may be ordered to be removed and
abated under the following conditions, regulations, and procedure:
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a. When it shall come to the notice of the Chief of
Police that there is a junked vehicle under the terms of this
ordinance located within the City of Huntsville, Texas, the
Chief of Police shall give notice to the owner or occupant of
the premises upon which such junked vehicle is located, to appear
before the Municipal Court and show cause why such junked vehicle
should not be declared a public nuisance and why he should not be
orddfed to remove same from the premises. The date of such hearing
shall not be less than ten (10) days after such notice has been
made.
b. Such notice shall be sent by certified or registered
mail with a five (5) day return requested, to the owner or occupant
of the premises upon which said junked vehicle is located. If the
notice is returned undelivered by the United States Post Office,
the hearing shall be continued to a date not less than ten (10) days
from the date of such return.
c. On the day set in such notice for hearing, hearing
shall be had and on the basis of such hearing the Court shall deter-
mine whether or not such junked vehicle is a nuisance, and if so
found to be a nuisance, the Judge of the Municipal Court shall issue
such orders as shall appear reasonably necessary for the removal and
abatement of such junked vehicle. Such order shall include a des-
cription of the vehicle and the correct identification number and
license number of the vehicle, if available at the sight.
d. The owner or,occupant of the premises upon which such
junked vehicle is located, may appeal from the decision of the Court
by giving notice thereof, within ten (10) days from the date of said
hearing and file with the City Tax Assessor a fee of $10.00. Such
appeal shall be to the City Council, and upon perfection of appeal
the City Council shall set a date for hearing before it and such
appeal shall be by trial de novo.
e. Upon removal of such junked vehicle as provided herein,
such vehicle shall not be reconstructed or made operable.
f. Upon removal of such junked vehicle the Chief of Police,
shall, within five (5) days after the date of removal, give notice
to the Texas Highway Department identifying said vehicle or part
thereof. Whereupon said Department shall forthwith cancel the cer-
tificate of title to such vehicle pursuant to Article 1436-1, Vernon's
Texas Penal Code, as amended.
Section 4. Exceptions.
This ordinance shall not apply to: (a) 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; (b) a vehicle or part thereof which is stored
or parked in a lawful manner on private property in connection with
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the business of a licensed vehicle dealer or a junkyard.
Section 5. Removal.
If upon the hearing provided herein, there is an order
to remove such junked vehicle, the removal may be accomplished
by City employees, or any other duly authorized person.
Section 6. Disposal of Junked Vehicles.
Junked 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 or the City may trans-
fer such vehicle or parts to another, provided such disposal shall
be only as scrap or salvage, consistent with Section 3 (e) of this
ordinance4
Section 7. Authority to Enforce.
The Chief of Police or his authorized representative may
enter upon private property for the purposes specified in this or-
dinance to examine vehicles or parts thereof, obtain information
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.
Section 8. Proceeds of Sale.
If any junked vehicle is sold to a demolisher, the proceeds
shall be used to reimburse the Police Dgpartment for the expense of
removing the junked vehicle from the premises upon which it was
located. Any remainder from the proceeds of a sale shall be held for
the owner of the junked vehicle or entitled lien holder for ninety (90)
days, and then shall be deposited but remain available for the payment
of removal costs which result from removal of other junked vehicles,
whenever the proceeds from a sale of such other junked vehicle are
insufficient to meet these expenses and costs.
Section 9. Savings Clause.
That if any section, paragraph, subdivision, clause, phrase
or provision of this ordinance shall be adjudged invalid, or to be
held unconstitutional, the same shall not affect the validity of the
ordinance as a whole or any part or provision thereof other than the
part so decided to be invalid or held to be unconstitutional.
Section 10. Ordinances in Conflict.
All other ordinances or parts of ordinances in conflict
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with this ordinance are hereby repealed.-
PASSED ON FIRST READING this the 11 day of June, 1973.
PASSED ON SECOND READING this the day of June, 1973.
ATTEST:
FRANK ROBINSON, JR. City Secretar
0 '\ 1 PROVED:
it
MARTIN D. COLLEY, City Attorney
THE CITY OF HUNTSVILLE, TEXAS.
BY:
A. ;4.?,L,-
MORRIS I. WALLER, MAYOR
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