ORD 2001-20 - Amending Part 20.10 09-05-2001ORDINANCE NO. 2001-20
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING PART 20.10
"ABATEMENT AND REMOVAL OF JUNKED VEHICLES" OF THE CODE OF
ORDINANCES BY PLACING AUTHORITY FOR THE ENFORCEMENT OF THE
ORDINANCE WITH THE BUILDING OFFICIAL OR HIS DESIGNEE; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: That Part 20.10 "Abatement and Removal of Junked Vehicles" of the Code of
Ordinances for the City of Huntsville, Texas, is hereby amended to read as follows:
20.10.01 Junked vehicle - defined.
The definition of "junked vehicle" found in § 683.071 of the Texas Transporation Code, as
amended from time to time, shall apply to this Part.
20.10.02- Purpose, public nuisance.
The provisions of this Part are adopted pursuant to the authority granted under § 683.074 of
the Texas Transportation Code for the abatement and removal from private or public
property or a public right -of -way of a junked vehicle or part of a junked vehicle as a public
nuisance. The City Council of the City of Huntsville finds and declares that a junked
vehicle, including apart of a junked vehicle, is a public nuisance for the reasons set -out and
enumerated in § 683.072 of the Texas Transportation Code.
20.10.03 Procedure for abating nuisance.
A. The Building Official or his/her designee may order removal of junked vehicles subject
to the procedures in this section.
B. In order to abate a nuisance junked vehicle or part of a junked vehicle, the Building
Official or his /her designee shall give notice to the owner or occupant of the premises
on which the nuisance exists, and if the nuisance is on public premises, notice of the
owner or occupant of the premises adjacent to the public property or public right -of -way,
as follows:
1. The notice shall state the nature of the public nuisance;
2. The notice must state that the nuisance must be abated and removed not later than the
10 " day after the date on which the notice is mailed;
3. The notice shall state that any request for hearing must be made before the expiration
of the ten (10) day period;
4. The notice must be mailed by certified mail with a five -day return requested to:
a. The last known registered owner of the nuisance, or if the post office address of
the last known registered owner of the nuisance is unknown, notice may be
placed on the nuisance, or, if the owner is located, hand delivered;
b. Each lienholder of record of the nuisance; and
c. The owner or occupant of the property on which the nuisance is located, or if the
nuisance is located on public right -of -way, the property adjacent to the right -of-
way.
C. If a public hearing is requested pursuant to this Section, a hearing shall be held not earlier
than the I I' day after the date of the service of the notice before the Municipal Court
Judge of the City. At the hearing, the junked motor vehicle is presumed, unless
demonstrated otherwise by the owner, to be inoperable. If the vehicle or vehicle part is
determined to be a public nuisance, the court shall order in writing the removal of the
vehicle or vehicle part. Such order shall include a description of the vehicle or vehicle
part and, if available, the vehicle identification number and license plate
number.
D. If no public hearing is requested as provided, the Building Official or his/her designee
shall cause said public nuisance to be abated and removed.
E. If, after the public hearing, there is an order to remove the junked vehicle or part of a
junked vehicle, the removal may be accomplished by the Building Official or his/her
designee, the Chief of Police, or the Municipal Court Judge, or a person authorized by
any of them.
F. Upon removal of a junked vehicle, such vehicle shall not be reconstructed or made
operable.
20.10.04 Exceptions to part.
The provisions of this Part shall not apply to a vehicle or vehicle part under those
circumstances and provisions, including definitions, contained in § 683.077 of the Texas
Transportation Code.
20.10.05 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
transfer such vehicle or parts to another; provided, such disposal shall be only as scrap or
salvage.
20.10.06 Authority to Enforce
The Building Official or his/her designee may enter upon private property for the purposes
specified in this Part 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 Part.
20.10.07 Proceeds of sale.
If any junked vehicle is sold to a demolisher, the proceeds shall be used to reimburse the City
of Huntsville for the expense of removed the junked vehicle from the premises upon which
it was located. Any remainder of the proceeds of a sale shall be held for the owner of the
junked vehicle or entitled lien holder for ninety (90) days. If no claim for the remainder
proceeds is made to the City within the 90-day period, then the City shall be entitled to use
such remainder proceeds for the payment of removal costs which result from the removal of
other junked vehicles whenever the proceeds from a sale of such other junked vehicles are
insufficient to meet these expenses and costs.
20.10.08 Notice to Texas Department of Transportation.
The Building Official shall give notice to the Texas Department of Transportation within five
(5) days of the date of removal, identifying the vehicle or part thereof removed under the
terms of this Part.
20.10.09 Offense
A person commits an offense if the person maintains a public nuisance described in Part
20.10.02 or § 681.072 of the Texas Transportation Code, or fails refuses or neglects to
remove or abate such nuisance or refuses notice as herein set out, or refuses to abide by any
order requiring the removal of said vehicle or part thereof. An offense under this Section is
a misdemeanor punishable by a fine not to exceed $200.00, and the Court shall order
removal of the nuisance on conviction.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the City Council determines that it would have adopted this Ordinance without the invalid
provision.
SECTION 3: This Ordinance shall take effective immediately from and after the date of its
passage.
PASSED AND APPROVED THIS 4TH DAY OF SEPTEMBER, 2001.
CITY OF TS' r LE, TEXA-'z
William B. Green, Mayor
AT S
Danna. Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney