HomeMy WebLinkAboutOrdinance No. 2009-13 (Title: An ordinance amending provisions governing junked vehicles to be consistent with
` state law.)
ORDINANCE NO.2009-13
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE ;
CITY OF FRIENDSWOOD, TEXAS, BY AMENDING CHAPTER 26,
ARTICLE V "JUNKED VEHICLES" TO BE CONSISTENT WITH STATE
LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $200 FOR VIOLATION OF ANY
PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Friendswood seeks to amend the provisions relating to junked
vehicles to be consistent with state law; and,
WHEREAS, Chapter 683 of the Texas Transportation Code provides that a municipality
may adopt a more inclusive definition of what constitutes a `junked vehicle"; and,
WHEREAS, it is the best interest of the health, safety and welfare of the City of
Friendswood to amend the provisions relating to junked vehicles; now,therefore,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOODI
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Code of Ordinances of the City of Friendswood, Texas is amended b
amending Chapter 26,Article V"Junked Vehicles", to read and provide as follows:
""ARTICLE V. JUNKED VEHICLES*
Sec. 26-152. Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator means any person duly appointed by the city council to administer and enforce
this article.
Antique auto means a passenger car or truck that is at least 25 years old.
Collector means the owner of one or more antique or special interest vehicles who collects,
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.
Demolisher means a person or entity whose business is to convert a motor vehicle into
processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.
Junk vehiehle vehicle or junked vehicle means any motor vehicle, as defined in V.T.C.A.,
Transportation Code § 683.071 et seq.,why that is self-propelled and:
(1) is self propelled and inoperable and wMe does not have lawfully affixed
attached to it:
an unexpired license plate or
(B) a valid motor vehicle safety inspection certificate; and
2 is:
(A) which is wrecked, dismantled,partially dismantled, or discarded; or
(B) (2) as remained inoperable for a continuous period of more than:
a. Seventy-two consecutive hours if the vehicle is on public property; or
b. Thirty consecutive days, if the vehicle is on private property.
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 a hobbvist hebbists.
(b) Any word not specifically defined in this section shall have the same meaning as that word
has under V.T.C.A., Transportation Code ch. 683.
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Sec. 26-153. Public nuisance declared.
A junked vehicle, including a part of a junked vehicle, that is located in any 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 by producing urban blight which is adverse
to the maintenance and continuing development of the city, and such vehicles are hereby
declared to be a public nuisance.
Sec. 26-154. Administrative abatement process.
The administrator shall determine when a junk vehicle or part thereof is located so as to be
visible from a public place or public right-of-way, thereby constituting a public nuisance.
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See. 26-155. Notice--Private property.
(a) For a nuisance on private property, the administrator shall give not less than ten days' notice
stating the nature of the public nuisance on private property, that it must be removed and abated
within ten days following service of notice to abate such nuisance, and that if not abated by such
day a hearing will be held by the city council or its designee. The notice shall set forth the date,
time, and location of the hearing. At the hearing it is presumed, unless demonstrated otherwise
by the owner, that the vehicle is inoperable. The notice shall be mailed, by certified mail with a
five-day return requested, to the last known registered owner of the junk motor vehicle, any
lienholder of record, and to the owner or occupant of the private premises upon which the public
nuisance exists. If the post office address of the last known registered owner of the motor vehicle
is unknown, notice may be placed on the motor vehicle, or, if the last known registered owner is
physically located,the notice may be hand delivered.
(b) If any notice is returned undelivered by the post office, official action to abate the nuisance
shall be continued to a date not less than ten days after the date of the return. i
Sec. 26-156. Notice--Public property.
(a) For a nuisance on public property, the administrator shall give not less than ten days' notice
stating the nature of the public nuisance on public property or on a public right-of-way, that it
must be removed and abated within ten days following service of notice to abate such nuisance,
and that if not abated by such day a hearing shall be held by the city council or its designee. The,
notice must set forth the date, time, and location of the hearing. At the hearing it is presumed,i
unless demonstrated otherwise by the owner, that the vehicle is inoperable. The notice shall be,
mailed, by certified mail with a five-day return receipt requested, to the last known registered,
owner of the junk motor vehicle, any lienholder of record, and to the owner or occupant of the
public premises or the owner or occupant of the premises adjacent to the public right-of-way on
which the public nuisance exists. If the post office address of the last known registered owner of
the motor vehicle is unknown, notice to the last known registered owner may be placed on the
motor vehicle, or, if the last known registered owner is physically located, the notice may b
hand delivered.
(b) If any notice is returned undelivered by the post office, official action to abate the nuisance
shall be continued to a date not less than ten days after the date of the return.
Sec. 26-157. Public hearing.
Any order issued after the hearing provided for in section 26-155 or 26-156 shall include a
description of the vehicle, or vehicle part, and the correct identification number and license
number of the vehicle, if the information is available at the site. After any junk vehicle is
removed as provided for in this article, it shall not thereafter be reconstructed or made operable.
Sec. 26-158. Removal by city.
When a junked vehicle, or part thereof, remains on the property after being ordered removed as
provided by this article, the administrator shall cause such vehicle, or part thereof, to be removed
and sold for the best price obtainable to a scrap yard or demolisher. All sums so raised shall be
turned over to the city secretary for deposit in the general fund of the city.
Sec. 26-159. Enforcement options.
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(a) Any person violating a provision of this article may be subject to the administrative
abatement process as set forth in sections 26-154--26-157, may be criminally prosecuted in the
municipal court of the city under the penal provision of section 26-162, or both.
(b) The relocation of a junked vehicle that is a public nuisance to another location in the same
municipality or county after a proceeding for the abatement and removal of the public nuisance
has commenced shall have no effect on the proceeding if the administrator determines that the
junked vehicle constitutes a public nuisance at the new location.
Sec. 26-160. Notice to department of transportation.
Within five days after the date of the removal of the junk vehicle, notice shall be given to the
state department of transportation, identifying the junk vehicle, or part thereof.
134)
Sec. 26-161. Exceptions.
The provisions of this article shall not apply to:
(1) 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.
(2) A vehicle or part thereof which 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 unI eensed,
,
if the vehiele and autdoer-storage area are maintained in a manner so that they d nei eens#'�---e a
trees, shEubbei�,, of other apprepr-iate means.
or that is an antique or special interest vehicle stored by a motor vehicle collector on the
collector's property, if the vehicle or part and the outdoor storage area, if any, are: +
(A) maintained in an orderly manner;
(B) not a health hazard; and
(C) screened from ordinary public view by appropriate means, including a fence, rapidly
growing trees, or shrubbery.
Sec. 26-162. Penalty for violation of article.
Any person who maintains a nuisance as described in this article shall, upon conviction, be
guilty of a misdemeanor and shall be punished by a fine not to exceed $200.00 pursuant to
seetion ' 14. In addition, upon conviction, the court shall order removal and abatement of the
nuisance,which order may be enforced by any means authorized by the laws of the state.
Sec. 26-163. Interpretation.
Nothing in this article shall be construed to conflict with procedures set forth for dealing with
abandoned motor vehicles as defined in Texas Transportation Code Chapter 683 UeFnen
Ann Piv e. e.h 4477 ne, c e nvm „
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Ord.2009-13 4
Section 3. Penalty. Any person who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
two hundred dollars($200.00). Each day of violation shall constitute a separate offense.
Section 4. Repeal. All ordinances or parts of ordinances inconsistent or in conflict '
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herewith, are,to the extent of such inconsistency or conflict,hereby repealed.
Section 5. Severability. In the event any clause, phrase, provision, sentence, or part
of this Ordinance or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and every part of the samei
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notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,:
whether there be one or more parts. To the extent this Ordinance is in conflict with state law, thel
state law is controlling.
Section 6. Effective Date. This Ordinance shall be in full force and effect
immediately upon and after its fmal passage and publication as required by law.
PASSED AND APPROVED on first reading this 6th day of July,2009.
PASSED,APPROVED, and ADOPTED on second and final reading this 20th day of
July,2009. /1
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ATTEST: FRIENDs
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Melinda K. Welsh, TRMC u
Deputy City Secretary
qT� OF
Ord.2009-13 5