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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: 217 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 218 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 219 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 220