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HomeMy WebLinkAboutOrdinance No. 252 ORDINANCI{ NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY AMENDING DIVISION 2, CHAPTER 10, SECTIONS 10-30 THROUGH 10-40; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROCEDURES FOR THE ABATEMENT AND REMOVAL OF A JUNKED VEHICLE; PROVIDING FOR NOTICE; PROVIDING FOR THE IMPOUNDMENT OF ABANDONED AND JUNKED MOTOR VEHICLES FOUND ON PUBLIC OR PRIVATE PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE DISPOSITION OF ABANDONED AND JUNKED MOTOR VEHICLES; PROVIDING EXCEPTIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is hereby, amended by amending Division 2, Article 2, Chapter 10, See. 10-30 through 10-40 and further providing that said division shall hereafter read as follows: ~DIVISION 2. ABANDONED AND .JUNKED MOTOR V~HICL~ Sec. 10-30. Definitior~. For purposes of this division the following definitions apply, to-wit: Police Department means the Police Department of the City of The Colony, Texas. Abandoned motor vehicle means a motor vehicle that is inoperable and more than eight years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within the City for more than 48 hours. Demolisher means a person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle. Garagekeeper means an owner or operator of a parking place or establishment~ motor vehicle storage facility, or establishment for the servicing, repair or maintenance of a motor vehicle. Junked vehicle means a motor vehicle as defined in Article 0?01d-ll~ Yernonts Texas Civil Statutes, that 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 that remains inoperable for a continuous period of more than 120 days. Storage facility means a garage, parking lot, or any type of facility or establishment for the servicing, repairing~ storing, or parking of motor vehieles. Motor vehicle means a motor vehicle subject to registration under Article 6687-1, Yernonts Texas Civil Statutes~ the Certificate of Title Act. Antique auto means a passenger ear or teuek that was manufactured in 19~5 or before or a passenger ear or truck that is at least 35 years old. Special interest vehicle means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. Collector means the owner of one or more antique or special interest vehicles who coneets, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. See. 10-31. lgnforeement Generally. The Police Department may take into custody an abandoned motor vehicle found on public or private property. The Police Department may employ its own personnel, equipment, and facilities or, when specifically authorized by the City Couneil, bite persons, equipment, and facilities to remove, preserve and store un abandoned motor vehicle it takes into custody. The procedures of this division must be administered by regularly salaried, full time employees of the City of The Colony, except for the removal of the vehicle or vehicle part from property as antborized above. See. 10-32. Declaration of Public Nuisance. That a junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City of The Colony by producing urban blight adverse to the maintenance and continuing development of the City, and is a public nuisance. A person commits an offense under this division if he maintair~ such a public nuisance on property owned by him or under his control. See. 10-33. Notices Required. (a) In the event a junked vehicle constituting a public nuisance under this division is found on private property, the Police Department or other designated employee of the Town shah notify the owner or occupant of the private premises on which the public nuisance exists, in writing by certified mail with a five day return requested, that such public nuisance must be removed aud abated from such private property within ten days, and that a request for a hearing must be made before expiration of the ten day period. If the notice is returned undelivared by the United States Post Office, offieial action to abate the nuisance shah be continued to a date not less than ten days after the date of the return. (b) In the event a public nuisance as defined herein is found on public property, notice in writing must be mailed, by certified mail with a five day return requested, to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, that the nuisanee must be removed and abated from the public property or public right-of-way within ten days, and that a request for a hearing must be made before expiration of the ten day period. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shah be continued to a date not less than ten days after the date of the return. (c) In the event the Police Department takes into custody an abandoned motor vehicle, it shah notify, not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and aH lien holders of record pursuant to the Certificate of Title Act, that the vehicle has been taken into custody. The notice shah describe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeepers charges, if applicable. The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lien holders, notice by one publication in one newspaper of general circulation in the City is sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. (d) In the event of removal of an abandoned motor vehicle as provided herein, notice shall be given to the State Department of Highways and Public Transportation not later than the 5th day after the date of removal. Such notice must identify the vehicle or vehicle part. Sec. 10-34. Sale of Abandoned Motor Vehicle. If an abandoned motor vehicle has not been reclaimed as provided, the Police Department shall sell the abandoned motor vehicle at a public auction. Such auction shall be held as required by the provisions of Section 5.04, Article 4477-9a, Vernon's Texas Civil Statutes. Sec. 10-35. Disposition of Abandoned Vehicles. The disposition of abandoned motor vehicles left in storage facilities by garagekcepers shall be as set out in Section 5.05, Article 4477-9a, Vernon's Texas Civil Statutes. The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard thereto shall be as set out in Section 5.06 and 5.07, Article 4477-9a, Vernon's Texas Civil Statutes. See. 10-36. Dispozal. When a junked vehicle is declared a public nuisance by the authorized official of the City and is ordered to be removed, it shail not be reconstructed or made operable after it has been removed. See. 10-37. Procedure for Hearing and Complaint. Upon request of any person as provided above, a public hearing shall be held before the Municipal Judge of the City of The Colony before the removal of a vehicle or vehicle part declared to be a public nuisance. If, after such public hearing, the Municipal Judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shaU enter an order requiring the removal of such vehicle or vehicle part and shall in such order include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site. If the nuisance defined herein is not removed and abated and a hearing is not requested within the ten day period provided above, a complaint concerning such public nuisance shall be filed in an appropriate court, either under the penal provisions of this division or in a civil court to require removal and abatement of such public nuisance by injunetive relief. Sec. 10-38. Exceptions. The procedures of this division shall not apply to a vehicle or vehicle part that is completely enelosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed, operable, or inoperable antique or special interest vehicle stored by a co]lector 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. See. 10-39. Authority of Officers. Any person authorized by the City of The Colony to administer the procedures authorized by this division may enter private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The Municipal Court shall be authorized to issue orders necessary to enforce the procedures of this division." SECTION 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense and each and every day any such offense shah continue shall be deemed to constitute a separate offense. SECTION 3. Should any section, paragraph, sentence, clause or phrase of this ordinance be held or determined to be unconstitutional or invalid for any reason, such determination shall not affect the remaining portions of this ordinance, which are hereby declared to be severable. SECTION 4. This ordinance shah become effective from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of The Colony, Texas, on the APPROVED: ~/ ~ / MAYOR ,/~ClTY SECRETARY ~--~-PPROVED AS TO FORM~ CITY ATTORNEY