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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