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Home My WebLink AboutOrdinance No. 83-08 ORDINANCE N0. `3 AN ORDINANCE PRESCRIBING CERTAIN DEFINITIONS ; DECLAR- ING JUNK VEHICLES PUBLIC NUISANCES ; PROVIDING FOR ADMINISTRATION AND' AUTHORIZING ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCE, FOR A PUBLIC HEARIPdG 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 DEPARTMENT MAKING THE PROVISIONS HEREOF INAPPLICABLE IN CERTAIN CASES ; REPEAIrdG ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY. �r x � � * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section l. Definitions . (a) "JUNK VEHICLE" - Means any motor vehicle , as defined in Article 6701d-11 §l , Vernon ' s Texas Civil Statutes , as amended , which is : 1) . inoperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked , dismantled , partially dismantled , or discarded ; or 2) . remains inoperable for a continuous period of more than one hundred twenty (120) days . (b) "ANTIQUE AUTO" - Means a passenger car or truck that is at least thirty-five (35) years old . (c) "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 . (d) "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 histo- ric interest . (e) "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. (f) Any word not specifically defined herein shall have the same meaning as that word has under Article 4477-9a Section 5. 01 , Texas Revised Civil Statutes . Section 2. Junked Vehicle as Public Nuisance. A junked vehicle that is located in any place where it is visible from a public place or public right-of-way is detrimen- tal 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 detri�ental to the economic welfare of the City of Friendswood , by producing urban blight which is adverse to the �aintenance and continuing development of the City , and such vehicles are hereby declared to be a public nuisance . Section 3. Administration and Authority to Enforce . Whenever it shall be determined by the Chief of Police or any full time , salaried city officer acting under his direc- tion , 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) For a nuisance on private property , the Chief of Police shall give not less than ten (10) days ' notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten (10) days , and that a request for a hearing must be made before expiration of the ten (10) day period . The notice shall be mailed , by certified mail with a five (5) day return requested, to the owner or occupant of the private premises on which the public nuisance exists . If the notice is returned undelivered by the United States PosC Offi�e, official action to abate the nuisance shall be can- tinued to a date not less than ten (10) days after the date of the return. In addition, notice shall be given to the last registered owner of such vehicle , if determinable. -2- ' � . . . , . ...... ' ' , . ' , (b) For a nuisance on public property , the Chief of Police shall give not less than ten (10) days ' notice , stating the nature of the public nuisance on public property or on a public right-of-way, that tne nuisance must be removed and abated within ten (10) days , and that a request for a hearing must be made before the expiration of the ten (10) day period . T'he notice shall be mailed , by certified mail with a five (5) day return requested , to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists and to the last known registered owner , if - determinable. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. (c) When a public hearing is requested as provided above , by the owner or occupant of the premises whereupon such public nuisance exists or the owner of said vehicle , it shall be held -- before the City Manager at the City Hall of the City of Friendswood , at a time to be set by said official , but not less than ten (10) days after services of notice to abate the nuisance. Following the hearing, if a public nuisance is found by the City Manager 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. After removal of any junked vehicle hereunder , it shall not thereafter be recon- structed or made operable. (d) When the junked vehicle , or part thereof, remains on the property after ordered removed as provided by this Ordi- nance, the City Manager 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 General Fund of the City. -3- (e) If the nuisance is not removed and abated and a hear- ing is not requested within the ten (10) day period provided in Section 3(a) or 3(b) above , then a nuisance complaint shall be filed in the appropriate court . Section 5. Notice to the Department of Highways and Public Transportation. Within five (5) days after the date of the removal, notice shall be given to the Department of Highways and Public Trans- portation, indentifying the vehicle , or part thereof . Section 6. Penalty. Any person who maintains a nuisance as defined heieunder shall, upon conviction, be fined not more than two hundred dollars ($200. 00) . In addition, upon conviction, the Court shall order removal and abatement of the nuisance ; which said order may be enforced by any means authorized by the laws of the State of Texas . Section 7 . Nothing in this Ordinance shall be construed to conflict with procedures set forth for dealing with abandoned motor vehicles as defined in article 4477-9a , Section 5 . 01 (2) . Section 8. Exceptions . 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 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 licensed vehicle dealer or junkyard , or an unlicensed , operable, or inoperable antique or special interest vehicle stored by a collector on the collector ' s property, if the vehicle and 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 �eans . Section 9. Repeal. City of Friendswood Ordinance No. 164 is hereby repealed in its entirety. -4- Section 10. Effective Date . This Ordinance shall take effect after publication pursuant to Article 1013 , Texas Revised Civil Statutes . Section 11 . Severability. 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 inva- lidity shall not effect , invalidate or impair the remainder of this Ordinance. PASSED on first reading this �� day of � , 1983. PASSED on second reading this ��ZZ day of � , 1983. PASSED, APPROVED and ADOPTED on third and final reading this �� day of t�� , 1983. � ayor ATTEST: ` -�� City Secretary -5-