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HomeMy WebLinkAboutOrdinance No. 92-22 ORDINANCE NO. 92-22 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY STRIKING THEREFROM ALL OF ARTICLE II OF CHAPTER 8 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE II OF CHAPTER 8; PROVIDING THAT THE PRESENCE OF JUNK VEHICLES CONSTITUTES A NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF; PROVIDING FOR NOTICE TO THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF REMOVAL OF A JUNK VEHICLE ; PROVIDING EXCEPTIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) ; AND PROVIDING FOR SEVERABILITY. * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section l. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by striking therefrom all of Article II of Chapter 8, which provides as follows: [ARTICLE II . JUNK VEHICLES Sec. 8-25. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them below: Antique auto means a passenger car or truck that is at least thirty five (35) 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 vehicle means any motor vehicle, as defined in Article 6701d-11, Section l, Vernon's Texas Civil Statutes, as amended, which is: (a) 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 (b) Remains inoperable for a continuous period of more than one hundred twenty (120) days. 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. 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. Sec. 8-26. Public nuisance declared. 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 of Friendswood, 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. 8-27 . Administration; authority to enforce. Whenever it shall be determined by the chief of police or any full-time, salaried city 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) 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-day period. The notice shall be mailed, by certified mail with a five-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 Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days -2- after the date of the return. In addition, notice shall be given to the last registered owner of such vehicle, if determinable. (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 the 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-day period. The notice shall be mailed, by certified mail with a five-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 pubic 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 reconstructed or made operable. (d) When the junked vehicle, or part thereof, remains on the property after ordered removed as provided by this article, the city manager shall caus� the same to be removed and sold for the bet 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. -3- (e) If the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (a) and (b) of this section, then a nuisance complaint shall be filed in the appropriate court. Sec. 8-28 . Notice to 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 transportation, identifying the vehicle, or part thereof. Sec. 8-29. Exceptions. The provisions of this article 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 means. 5ec. 8-30. Construction. Nothing in this article 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) , Texas Revised Civil Statutes. Sec. 8-31. Penalty for violation. Any person who maintains a nuisance as defined hereunder 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. ] -4- and substituting therefor a new Article II of Chapter 8 to provide as follows: Sec. 8-25. Definitions. iaL ADMINISTRATOR - any person duly appointed by City Council to administer and enforce this Article. jbl ANTIQUE AUTO - a passenger car or truck that is at least thirty-five (35) years old. jcl COLLECTOR - the owner of one or more antique or special interest vehicles who collects, purchases, acc�uires, trades, or disposes of special 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. � JUNK VEHICLE - any motor vehicle, as defined in Article 6701d-11, �l, Vernon's Texas Civil Statutes, as amended, which: � is inoperative; and, ,�21 does not have lawfully affixed to it an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked dismantled or discarded or remains inoperable for a continuous period of more that forty-five (45) days. � SPECIAL INTEREST VEHICLE - a motor vehicle of anv age that has not been altered or modified from its original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. Sec. 8-26. JUNK VEHICLE AS PUBLIC NUISANCE. A iunk 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 of Friendswood by producina urban blight which is adverse to the maintenance and continuing development of the City, and any such vehicle is hereby declared to be a public nuisance. Sec. 8-27 . ADMINISTRATION AND AUTHORITY TO ENFORCE. Whenever it is determined by the Administrator that a -5- .� r. . junk vehicle or part thereof� is located so as to be visible from a public place or public riqht-of-way, thereby constituting a public nuisance: ,� For a nuisance on private property, the Administrator shall qive 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 (101 days followinq service of notice to abate such nuisance and that if not abated by such day a hearinq will be held bv the City Council or its designee. The notice shall set forth the date time and location of the hearinq. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. The notice shall be mailed, bvi certified mail with a five (5) 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 reqistered owner of the motor vehicle is unknownL notice may be placed on the motor vehicle, or, if the last known reqistered owner is phvsically located� the notice may be hand delivered. If any 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; � For a nuisance on public property, the Administrator shall qive not less than ten (lOZ days notice stating the nature of the public nuisance on public property or on a public rictht- of-wayl that it must be removed and abated within ten (10) days following service of notice to abate such nuisance, and that if not abated by such day a hearina shall be held by the City Council or its designee. The notice must set forth the date, time, and location of the hearinq. At the hearinq 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 (5� day return receipt requested, to the last known registered owner of the iunk 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 riaht-of-way on which the public nuisance exists. If the post office address of the last known -6- ..-� _. • . , _ � .. 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 re�istered owner is physically located, the notice may be hand delivered. If any 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. Lc,Z Any order issued after the hearing provided for in subsections (a) or (b) above 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 iunk vehicle is removed as provided for herein, it shall not thereafter be reconstructed or made operable. ,�, When the iunk vehicle, or part thereof, remains on the property after ordered removed as provided by this Article the Administrator 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 Citv Secretary for deposit into the General Fund of the City. Sec. 8-28. NOTICE TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. Within five (5) days after the date of removal of a junk vehicle as provided above, notice of such removal shall be given to the Texas Department of Highways and Public Transportation, identifying the vehicle or part thereof. Sec. 8-29. EXCEPTIONS. The provisions of this Article shall not apply to: �a,Z A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public property; �, 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 -7- health hazard and are screened from ordinary public view by means of a fence� rapidly growing trees, shrubbery, or other appropriate means. Sec. 8-30. Nothing in this Article shall be construed to conflict with procedures set forth in Tex. Rev. Civ. Stat. Ann. art. 4477-9a, Sections 5. 02-5. 08, for dealing with abandoned motor vehicles. Sec. 8-31. PENALTY. Any person who maintains a nuisance as defined hereunder 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 order may be enforced by any means authorized by the laws of the State of Texas. Section 2 . 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 same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 2nd day of November 19 9 2 . � PASSED, APPROVED, AND ADOPTED on second and f inal reading this 16th day Of November 1992 . -8- � � Evely B. Ne an Mayor ATTEST: . C Deloris McKenzie, C City Secretary -9-