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HomeMy WebLinkAboutOrdinance No. 913 'ORIGINAl. CITY OF THE COLONY, TEXAS ORDINANCE NO. 913 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 10 (HEALTH AND SANITATION) OF THE CODE OF ORDINANCES BY AMENDING DIVISIONS 2 RELATING TO ABANDONED AND JUNKED MOTOR VEHICLES; PROVIDING DEFINITIONS; PROVIDING A PROCEDURE FOR THE REMOVAL OF ABANDONED MOTOR VEHICLES, NOTICE OF SUCH ABANDONMENT, AND THE SALE AT AUCTION OR USE OF SUCH MOTOR VEHICLES; DECLARING JUNKED VEHICLES AS A NUISANCE, PROVIDING FOR THE REMOVAL OF JUNKED VEHICLES, AND PROVIDING FOR A HEARING BY AN OWNER OR LIENHOLDER; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITFED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Section 1. Amendment. The Code of Ordinances of the City of The Colony, Texas is hereby amended in the following particulars, and all other chapters, sections, subsections, paragraphs, sentences, phrases and words of the said Code are not amended but are hereby approved and affirmed: A. Chapter 10 ("Health and Sanitation") is hereby amended in the following particulars: 1. Sections 10-30, 10-31 and 10-32 are hereby amended so that they shall hereafter read as follows: "Sec. 10-30. Definitions. Abandoned motor vehicle means a motor vehicle that: (a) is inoperable and more than five (5) years old and has been left Ordinance No. 913 Abandoned Vehicles Page 1 of 11 unattended on public property for more than 48 hours; or (b) has remained illegally on public property for more than 48 hours; or (c) has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours; or (d) has been left unattended on the right-of-way of a designated county, state, or federal highway within the City for more than 48 hours; Antique auto means a passenger car or truck that is at least 35 years old. Garagekeeper means an owner or operator of a storage facility. Junked Vehicle means a vehicle that is self-propelled and inoperable and: (a) does not have lawfully attached to it: (1) an unexpired license plate, or (2) a valid motor vehicle inspection certificate; (b) is wrecked, dismantled, or partially dismantled, or discarded; or (c) has remained inoperable for more than 45 consecutive days. Motor vehicle means a vehicle that is subject to registration under Chapter 501, Texas Transportation Code. Motor vehicle collector means a person who: (a) owns one or more antique or special interest vehicles; and (b) acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. Motor vehicle demolisher means a person in the business of: (a) converting motor vehicles into processed scrap or scrap metal; or Ordinance No. 913 Abandoned Vehicles Page 2 of 11 (b) wrecking or dismantling motor vehicles. Outboard motor means an outboard motor subject to registration under Chapter 31, Texas Parks and Wildlife Code. Police department means the police department of the City of The Colony, Texas. Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyists. Storage facility includes a garage, parking lot, or establishment for the servicing, repairing, or parking of motor vehicles. Watercraft means a vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. Sec. 10-31. Abandoned motor vehicles. (a) Taking into custody. The police department may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property. The police department may use its own personnel, equipment, and facilities or, when specifically authorized by the city council, hire persons, equipment, and facilities to remove, preserve and store an abandoned motor vehicle, watercraft or outboard motor it takes into custody. (b) Notice. The police department shall send notice of abandonment of a vehicle, watercraft, or outboard motor taken into custody to: (1) the last known registered owner of each motor vehicle, watercraft, or outboard motor (i) taken into custody, or (ii) for which a garagekeeper's report is received pursuant to Section 683.031, Texas Transportation Code. (2) each lienholder recorded under Chapter 501, Texas Transportation Code for the motor vehicle or under Chapter 31, Texas Parks and Wildlife Code, for the watercraft or outboard motor. Ordinance No. 913 Abandoned Vehicles Page 3 of 11 (c) Contents of notice. The notice under subsection (b) of this Section 10-31 must: (1) be sent by certified mail not later than the 10th day after the date the police department: (i) takes the abandoned motor vehicle, watercraft, or outboard motor into custody; or (ii) receives the garagekeeper's report under Section 683.031; (2) specify the year, make, model, and identification number of the abandoned motor vehicle, watercraft, or outboard motor; (3) give the location of the facility where the abandoned motor vehicle, watercraft, or outboard motor is being held; (4) inform the owner and lienholder of the right to claim the abandoned motor vehicle, watercraft, or outboard motor not later than the 20th day after the date of the notice on payment of: (i) towing, preservation, and storage charges; or (ii) garagekeeper's charges and fees under Section 683.032, Texas Transportation Code; and (5) state that failure of the owner or lienholder to claim the abandoned motor vehicle, watercraft, or outboard motor during the period specified by paragraph (4) of this subsection (c) of Section 10-31 is: (i) a waiver by that person of all right, title, and interest in the item; and (ii) consent to the sale of the item at a public auction. (d) Notice by publication. Notice by publication in one newspaper of general circulation in the City is sufficient notice under this Section 10-31 if: (1) the identity of the last registered owner cannot be determined; (2) the registration has no address for the owner; or Ordinance No. 913 Abandoned Vehicles Page 4 of 11 (3) the determination with reasonable certainty of the identity and address of all lienholders is impossible. Notice by publication: (i) must be published in the same period that is required by subsection (c) of this Section for notice by certified mail and contain all of the information required by that subsection, and (ii) may contain a list of more than one abandoned motor vehicle, watercraft, or outboard motor. (e) Storage fees. The police department or the agent of the police department that takes into custody an abandoned motor vehicle, watercraft, or outboard motor is entitled to reasonable storage fees: (1) for not more than 10 days, beginning on the day the item is taken into custody and ending on the day the required notice is mailed; and (2) beginning on the day after the day the police department mails notice and ending on the day accrued charges are paid and the vehicle, watercraft, or outboard motor is removed. (f) Auction or use of abandoned items; waiver of rights. (1) If an abandoned motor vehicle, watercraft, or outboard motor is not claimed before the 21st day after the date of the notice provided in subsections (b) and (c) of this Section 10-31: (i) the owner or lienholder: (A) waives all rights and interests in the item; and (B) consents to the sale of the item by public auction; and (ii) the police department may sell the item at a public auction or use the item as provided by paragraph (h) of this Section 10-31. (2) Proper notice of the auction shall be given. A garagekeeper who Ordinance No. 913 Abandoned Vehicles Page 5 of 11 has a garagekeeper's lien shall be notified of the time and place of the auction. (3) The purchaser of an abandoned motor vehicle, watercraft, or outboard motor; (i) takes title free and clear of all liens and claims of ownership; (ii) shall receive a sales receipt from the police department; and (iii) is entitled to register the motor vehicle, watercraft, or outboard motor and receive a certificate of title. (g) Auction proceeds. (1) The police department is entitled to reimbursement from the proceeds of sale of an abandoned motor vehicle, watercraft, or outboard motor for (i) the cost of the auction; (ii) towing, preservation, and storage fees resulting from the taking into custody; and (iii) the cost of notice or publication as required by subsections (b), (c) and (d) of this Section 10-31. (2) After deducting the reimbursement allowed under paragraph (1) of this subsection (g) of Section 10-31, the proceeds of sale shall be held for 90 days for the owner or lienholder of the item. (3) After the 90 day period provided in paragraph (2) of this subsection (g), proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other abandoned motor vehicles, watercraft, or outboard motor into custody if the proceeds from the sale of the other items are insufficient to meet those fees. (4) The City may transfer funds in excess of $1,000 from the account described in paragraph (3) of this subsection (g) to the City's general revenue account to be used by the police department. Ordinance No. 913 Abandoned Vehicles Page 6 of 11 (h) Police department use of certain abandoned motor vehicles. (1) The police department may use an abandoned motor vehicle, watercraft, or outboard motor for department purposes if the item is not claimed as provided for in this Section 10-31. (2) If the police department discontinues the use of such an abandoned motor vehicle, watercraft, or outboard motor, the department shall auction the item. (3) This subsection (h) does not apply to a vehicle on which there is a garagekeeper's lien. (i) Disposal of vehicle abandoned in storage facility. (1) The police department shall take into custody an abandoned motor vehicle, watercraft, or outboard motor that has not been claimed in the period provided by notice required under subsection (b) of this Section 10-31. (2) The police department may use such a vehicle as authorized by subsection (h) or sell the vehicle at auction as provided by subsection (f). If the vehicle is sold, the proceeds of the sale shall first be applied to a garagekeeper's charges for service, storage, and repair of the vehicle. (3) As compensation for expenses incurred in taking the vehicle into custody and selling it, the police department shall retain: (i) two percent (2%) of the gross proceeds of the sale of the vehicle; or (ii) all the proceeds if the gross proceeds of the sale are less than $10.00. (4) Surplus proceeds from the sale shall be distributed as provided by subsection (g). (j) Demolition of abandoned motor vehicles. The procedures for handling the demolition of an abandoned motor vehicle shall be in accordance with Subchapter D of Chapter 693, Texas Transportation Code. Ordinance No. 913 Abandoned Vehicles Page 7 of 11 Sec. 10-32. Junked vehicles. (a) Public Nuisance. (1) Declaration. A junked vehicle, including a part of a junked vehicle, that is visible from a public place or public right-of-way; (i) is detrimental to the safety and welfare of the public; (ii) tends to reduce the value of private property; (iii) invites vandalism; (iv) creates a fire hazard; (vi) produces urban blight adverse to the maintenance and continuing development of the city; and (vii) is a public nuisance. (2) Offense. A person commits an offense under this division if he maintains a public nuisance described by subsection (a)(1) of this Section 10-32. (3) Abatement of nuisance. A junked vehicle constituting a public nuisance as described by subsection (a)(1) of this Section 10-32 may be abated and removed by the city in accordance with the following: (i) Notice of removal. (A) At least 10 days prior to the abatement and removal of the junked vehicle, the police department shall provide notice of the public nuisance. The notice must be sent by certified mail with a five (5) day return requested to: (1) the last known registered owner of the public nuisance; (2) each lienholder of record of the public nuisance; and (3) the owner or occupant of: Ordinance No. 913 Abandoned Vehicles Page 8 of 11 (a) the property on which the public nuisance is located; or (b) if the public nuisance is located on a public right-of-way, the property adjacent to the right- of-way. (B) If the post office address of the last known registered owner of the public nuisance is unknown, notice may be placed on the public nuisance, or, if the owner is located, hand delivered. (C) If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the llth day after the date of the return. (D) The notice must state that: (1) the public nuisance must be abated and removed not later than the 10th day after the date on which the notice was mailed; and (2) any request for a hearing must be made before that 10 day period expires. (ii) Hearing. (A) If a hearing is requested by a person for whom notice is required under Section 10-32(a)(3)(i), the hearing shall be held before the Municipal Judge of the city not earlier than the llth day after the date of the service of the notice. (B) At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner or other person to whom notice of the hearing was provided, to be inoperable. (C) An order requiring the removal of a public nuisance must include, if the information is available at the location of the public nuisance, the junked vehicle's: (1) description; Ordinance No. 913 Abandoned Vehicles Page 9 of 11 (2) vehicle identification number; and (3) license plate number. (b) Inapplicability of subsection (a). The procedures set forth in subsection (a) of this Section 10-32 shall not apply to a vehicle or vehicle part: (1) that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or (2) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or vehicle part and the outdoor storage area, if any, are: (i) maintained in an orderly manner; (ii) not a health hazard; and (iii) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. Section 2. Savings. This ordinance shall be cumulative of all other ordinances or provisions of the Code of Ordinances of the City affecting abandoned and junked motor vehicles, watercraft or outboard motors and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 3. Penalty. It shall be unlawful for any person to violate any provisions of this ordinance, and any person violating or failing to comply with any provision of this ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not Ordinance No. 913 Page 10 of 11 Abandoned Vehicles affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Effective date. This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 4th day of December, 1995. William W. M~nm~fig, Mayor & ATYEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 913 Page 11 of 11 Abandoned Vehicles