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Home My WebLink AboutOrdinance No. 162 � • • . , � • . . - . . � . k . ORDINANCE NO. 162 AN ORDINANCE PRESCRIBING CERTAIN DEFINITIONS; DECLARING JUNK VEHICLE5 PUBLIC NUISANCES; PRO- VIDING FOR ADMINISTRATION AND AUTHORIZING EN- FORCEMENT OF THIS ORDINANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCE, FOR A PUBLIC HEARING WHEN REQUESTED, FOR ENTERING OF ORDER FOR REMOVAL OF A VEHICLE BY CHIEF OF POLICE AND FOR SALE OF REMOVED VEHICLE; PROVIDING THAT NO REMOVED VEHICLE SHALL BE RECONSTRUCTED; PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DE- PARTMENT; MAKING THE PROVISIONS HEREOF INAPPLI - CABLE IN CERTAIN CASES; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDS- WOOD, STATE OF TEXAS: SECTION 1. Definitions (a) "JUNK VEHICLE" - As used in this Ordinance, "Junk Vehicle" means any motor vehicle as defined in Section 1 of Article 827a, Vernon 's 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 certi- ficate and which is wrecked; dismantled; partially dismantled; or discarded. (b) "DEMOLISHER" - "Demolisher" means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. SECTION 2 . - JUNKED VEHICLES DECLARED A PUBLIC NUISANCE. Juriked vehicles which are located in any place where they are visible from a public place or public right-of-way are detri- mental 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 Friendswood, by producing urban blight which is adverse to the maintenance and continuing development of the City of Friendswood, and such vehicles are therefore, declared to be a public nuisance. SECTION 3. - Administration and Authority to Enforce. The Chief of Police or any city policeman under his direc- tion, who must be regular salaried full time employees of the City, shall administer the provisions of this Ordinance, except that re- moval of vehicles or parts thereof from property may be by any other person duly authorized by the Chief of Police. The Chief of Police and city policemen under his direction shall have auth- ority to enter upon private property for the purposes specified herein to examine vehicles or parts thereof, obtain information as to the idenity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to the terms of this Ordinance. It is further recognized that House Bill 1181, enacted by the 62nd Texas Legislature, regular session, 1971, which became effective August 30, 1971 grants authority to the Municipal Court of any city to issue all orders necessary to enforce an Ordinance adopted pursuant to the terms of HB1181. SECTION 4. - Notice; Public Hearin ; Order of Removal; Removal. Whenever it shall be determined by the Chief of Police or any city police officer acting under his direction, that a junked vehicle or part thereof, is located in a place where it is visible from a public place or public right-of-way, thereby constituting a public nuisance: (a) the Chief of Police shall give notice by Certified or Registered Mail with a five (5) day return requested, to the owner or occupant of the premises whereupon such -2- . . , � . public nuisance exists, that such owner or occupant must remove and abate the nuisance within ten (10) days after receipt of notice and further notifying such owner or occupant that a request for a hearing must be made before the expiration of said ten day period. If the notice is returned undelivered by the United States Post Office, official action to abate such nuisance shall be continued to a date not less than ten (10) days from the date of such return. (b) when a public hearing is requested as provided above, by the owner or occupant of the premises whereupon such public nuisance exists, it shall be held before the Chief of Police at the City Hall of the City of Friends- wood, at a time to be set by said official, but not less than ten (10) days after service of notice to abate the nuisance. Following the hearing, if a public nuisance is found by the Chief of Police to exist, he shall enter an order requiring the removal of the vehicle, or part thereof, and shall state a time for such removal to be accomplished, which in no event shall exceed ten (10) days from the date of hearing. The order shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site thereof. (c) when no public hearing is requested by the owner or oc- cupant of the premises whereupon such public nuisance exists, upon the expiration of the period of time de- scribed in sub-paragraph (a) of this section, the Chief of Police shall enter an order requiring the removal of the -3- vehicle, or part therof, the order to include a de- scription of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site thereof. (d) when the junked vehicle, or part thereof, remains on the property after ordered removed as provided by this Ordinance, the Chief of Police shall cause the same 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. SECTION 5. - No Reconstruction of Removed Vehicles. After removal of any such junked vehicle it shall not there- after be reconstructed operable. SECTION 6. - Notice to the Texas Highway Department. Within five (5) days after the date of the removal, notice shall be given to the Texas Highway Department, identifying the vehicle, or part thereof. SECTION 7 . - Ordinance Provisions �napplicable in Certain Cases. The provisions of 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 p rivate property; and (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 licensed vehicle dealer or a junkyard. -4- �". � ' _ . . � , � ,, . SECTION 8. - Repeal All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, to the extent only of such conflict. SECTION 9. - Partial Invalidity Shall Not Affect Remainder. In the event any section, clause, sentence paragraph or portion of this Ordinance shall be, for any reason, adjudged by any Court of competent jurisdiction to be invalid, such invalidity shall not affect, invalidate or impair the remainder of this Ordinance. FIRST READING TAKEN THIS 6th DAY OF January , 1g�2, SECOND READING TAKEN THIS 20th DAY OF January , 1972 . THIRD AND FINAL READING TAKEN THIS 3rd DAY OF February , 1972. PASSED, APPROVED AND FINA LLY ADOPTED AFTER THIRD AND FINAL READING. .,,;. .-M,,,,,,,,,,,Nr,,,,� �,, r � ' � o ; � N � �.'' � . :�� . /�. ' ,: � •S ,...- � � ,/� ^... . 4 �R �• �"� � ,� '-'"��-L,�-*'� f'��.�i � f�i '�+ . _ ' �; �, i� Mayor, City of Friendswood, Texas � � �; �r t��,; ��`s . 4 � • �r ' `, �j ••..:..•••' q �` . j �' A . -.:rsii�tii�iflw'"� %- `� �7 E�-��.., City Secretary -5-