ORD 1982-16 - Junked VehicleORDINANCE NO. 82-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR
V,&HICLES AND TRAFFIC, BY THE ADOPTION OF A NEW
ARTICLE X, ABATEMENT AND REMOVAL OF JUNKED
VEHICLES; DEFINING JUNKED VEHICLES; AUTHORIZING
THE POLICE CHIEF TO REMOVE JUNKED VEHICLES;
PROVIDING FOR NOTICE AND APPEALS PROCEDURES;
PROVIDING A PENALTY OF UP TO $200.00 A DAY FOR
CERTAIN VIOLATIONS; PROVIDING FOR THE REPEAL OF
CERTAIN EXISTING ORDINANCES; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1: Chapter 12, Motor Vehicles and Traffic, of the
Code of Ordinances of the City of Huntsville, Texas is
hereby amended by the adoption of a new Article X, Abatement
and Removal of Junked Vehicles, that shall read as follows:
Article X. Abatement and Removal of Junked Vehicles *
Sec. 12 -100 Junked Vehicle.
A junked vehicle is a motor vehicle that
(a) is inoperative, does not have lawfully affixed to
it both an unexpired license plate and a valid motor
vehicle safety inspection certificate and that is
wrecked, dismantled, partially dismantled, or
discarded; or
(b) remains inoperable for a continuous period of more
than 120 days.
Sec. 12 -101 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 adverse to the maintenance and continuing
development of the City of Huntsville, and such vehicles are
therefore, declared to be a public nuisance.
* See Texas Revised Civil Statute article 4477 -9a.
Sec. 12 -102 Procedure for Abating Nuisance.
(a) The Police Chief may order removal of junked
vehicles subject to the procedures in this section.
(b) In order to abate a nuisance junked vehicle, the
Police Chief shall give notice to the owner or occupant
of the premises on which the nuisance exists, and if
the nuisance is public premises, notice to the owner or
occupant of the premises adjacent to the public
property or public right -of -way.
1. The notice shall state the nature of the
public nuisance.
2. The notice shall state that the nuisance must
be removed and abated within ten (10) days.
3. The notice shall state that a request for
hearing if desired, must be made before' the
expiration of the ten (10) day period.
4. The notice must be mailed, by certified mail
with a 5 -day return requested to the owner or
occupant of the premises.
(c) If a public hearing is requested within ten (10)
days after service of such notice, a hearing shall be
held before the Municipal Court Judge of the City. If
the vehicle or vehicle part is determined to be a
public nuisance based upon the evidence presented at
such hearing, the Court shall order in writing the
removal of the vehicle or vehicle part. Such order
shall include a description of the vehicle and, if
available, the correct identification number and
license number of the vehicle.
(d) If ino public hearing is requested as provided, the
Police Chief 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, the removal may be
accomplished by the Police Chief, the Municipal Court
Judge, or person authorized by either of them.
(f) Upon removal of such junked vehicles, such vehicle
shall not be reconstructed or made operable.
Sec. 12 -103 Exceptions.
This article 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 the business of a State licensed
vehicle dealer or a junkyard. (Ord. of 6- 12 -73, Sec. 4)
(c) An unlicensed, operable, or inoperable antique or
special interest vehicle stored by a collector on the
collector's property, if the vehicle and the outdoor
storage area are maintained in a manner so 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.
Sec. 12 -104 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,
consistent with section 12- 102(f) of this article.
Sec. 12 -105 Authority to enforce.
The Chief of Police or his authorized representative
may enter upon private property for the purposes specified
in this article 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 article.
Sec. 12 -106 Proceeds of sale.
If any junked vehicle is sold to a demolisher, the
proceeds shall be used to reimburse the Police Department
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.
Sec. 12 -107 Notice to Texas Department of Highways and
Public Transportation.
The Police Chief shall give notice to the Texas
Department of Highways and Public Transportation within five
(5) days of the date of removal, identifying the vehicle or
part thereof removed under the terms of this article.
Sec. 12-108 Penalty for failure to abate or allow abatement
of nuisance.
A person commits an offense if he owns or occupies
private premises, public premises or the premises adjacent
to the public right —of —way in the City on which there exists
a public nuisance as herein set out and who 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.
Section 2. Any person, firm or corporation violating any
provision of this Ordinance or failing to comply with any
requirement of this Ordinance will be guilty of a
misdemeanor and subject to a fine of up to two hundred
($200.00) dollars upon conviction. Each day during or upon
which said person shall violate or continue violation of any
provision of this Ordinance or non — compliance with any
requirement of this Ordinance shall constitute a distinct
and separate offense. The violation of any provision of
this Ordinance or the failure to comply with any requirement
of this Ordinance shall each constitute a distinct and
separate offense.
Section 3. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such
holding shall not affect any of the remaining provisions of
this Ordinance.
Section 4. All Ordinances and parts of Ordinances in
conflict with the provisions 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 5. This ordinance shall take effect from and
after ten (10) days from its passage by the City Council.
The City Secretary is hereby ordered to give notice hereof
by causing the caption of this ordinance to be published in
the official newspaper of the City of Huntsville at least
twice within ten days after the passage of this ordinance.
PASSED UNANIMOUSLY FIRST READING THIS3rd day of August
1982.
PASSED SECOND READING THIS `_ day of
1982. rr
APPROVED THIS 3rd day of August
1982.
ATT
%
DeShaw, City Secreta
APPROVED AS TO FORM:
t
Scott Bounds, City Attorney
THE CITY OF HUNTSVILLE
BY
William V. Nash, —Mayor