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HomeMy WebLinkAbout2002-2591 - Ordinance - 11/21/2002ORDINANCE NO. 2591 AN ORDINANCE AMENDING CHAPTER 10 SECTION 5, "JUNKED MOTOR VEHICLE REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING IN ITS ENTIRETY AS SET OUT BELOW; PROVIDING A SEVER_ABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10 Section 5, "Junked Motor Vehicle Regulations", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of Chapter 10, Section 5 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed two Hundred Dollars ($200.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 2 l"t day of November, 2002. APPROVED: ATTEST: Connie Hooks, City Secretary~ APPROVED: City Attomey o/group/legal/ordmances/chap l O sec 5 jv final doc Ordinance No. 2591 Page 2 EXHIBIT "A" That Chapter 10, "Traffic Code", Section 5, "Junked Motor Vehicle Regulations", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, in its entirety as set out hereafter to read as follows: SECTION 5: A. JUNKED MOTOR VEHICLE REGULATIONS DEFINITIONS For the purposes of this section, the following phrases, terms, words, and their derivations shall have their meaning given heroin. When not inconsistent with the context, words used in the prosent tense shall include the future. Words used in the plural number include the singular number. Words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) Junked Motor Vehicle means any motor vehicle as defined in Texas Transportation Code Title 7, Chapter 683, Subchapter E, as amended: (3) (a) that is self-propelled; and (4) (5) (b) (c) does not have lawfully affixed to it either: an unexpirod license plate; or a valid motor vehicle safety inspection certificate; and (1) (2) is: (1) (2) wrocked, dismantled, partially dismantled, or discarded; or inoperable and has remained inoperable for moro than: (i) 72 consecutive hours, if the vehicle is on public property; or (i) 30 consecutive days, if the vehicle is on private property Person means any individual, firm, corporation, partnership, association, company or organization of any kind. Antique Vehicle means a passenger car or truck that is at least twenty-five (25) years old. Special Interest Vehicle means a motor vehicle of any age that has not been alterod or modified from the original manufacturer's specifications, and because of its historic interost, is being proserved by hobbyists. o/group/legal/ordinances/chap I 0 sec 5 jv final doc Ordinance No. 2591 Page 3 (6) Motor Vehicle Collector means a person who owns one or more antique or special interest vehicles; and 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. JUNKED MOTOR VEHICLES AND PARTS OF JUNKED MOTOR VEHICLES DECLARED A PUBLIC NUISANCE Junked motor vehicles or parts of junked motor vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental 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 attractive nuisances creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state by producing urban blight which is adverse to the maintenance and continuing development of the City of College Station, Texas. Such vehicles or parts of vehicles are, therefore, declared to be a public nuisance provided that this section shall not apply with regard to the following: (1) Any motor vehicle or part thereof which is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property. (2) Any motor 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. (3) Any motor vehicle or part thereof located in an appropriate storage place or depository maintained at a location specifically designated, and in a manner ap- proved by the City of College Station. (4) Any operable or inoperable antique or special interest vehicle stored by a motor vehicle collector on the collector's property if the motor vehicle and the 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 screen fence, trees, shrubbery, or other means authorized by the City of College Station. Co NOTICE TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON PRIVATE OR PUBLIC PROPERTY Contents of Notice - Private Property, Public Property, or Public Ri.qhts-of-Way Whenever any such public nuisance exists on private property, public property, or on a public right-of-way within the City, in violation of Subsection "B" hereof, the City Manager, or his delegee, shall notify the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant of the premises on which the public nuisance exists, and in the case of public right-of-way, the owner or occupant of the premises adjacent to the public right-of-way. Such notice shall be in writing and must o/group/legal/ordinances/chap l O sec 5 jv final doc Ordinance No. 2591 Page 4 state the nature of the public nuisance, that it must be removed and abated not later than the tenth (10th) day after the date on which the notice was personally delivered or mailed, and that a request for a hearing before the Building and Standards Commission must be made in writing before the expiration of the ten (10) day period. This notice must be personally delivered or mailed, by certified mail with a five (5) day return receipt requested, to the last known registered owner of the junked motor vehicle, any lienholder of record, and the owner or occupant of the premises on which the public nuisance exists, and in the case of a public right-of-way, the owner or occupant of the premises adjacent to the public right-of-way. If the notice is returned undelivered by the United States Post Office, the City Manager or his delegee shall affix a tag to said junked motor vehicle. Said tag shall state that said junked motor vehicle is a public nuisance, that it must be removed and abated within ten (10) days and that a request for a hearing before the Building and Standards Commission must be made in writing before the expiration of the ten (10) day period. RECONSTRUCTION A junked motor vehicle, shall not be reconstructed or made operable after it has been removed. NOTICE TO HIGHWAY DEPARTMENT The City Manager or his delegee shall give notice to the State Department of Highways and Public Transportation not later than the fifth (5th)day after the date of removal of the junked motor vehicle or part thereof. Said notice shall identify the vehicle or vehicle part. PUBLIC HEARING Within ten (10) days after service of notice to remove and abate the nuisance, the owner or occupant of the public or private premises, or the owner or occupant of the property adjacent to the public right-of-way on which the vehicle is located (collectively referred to as "owner or occupant"), may request in writing a public hearing. The hearing shall be held before the Building and Standards Commission. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner or occupant, to be inoperable. Upon a finding that a nuisance as described herein exists, the Building and Standards Commission will order such owner or occupant to remove the junked motor vehicle or vehicle part within ten (10) days after the order is issued. The order shall include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available. ADMINISTRATION The administration of this ordinance shall be by regularly salaried, full-time employees of the City, except that the removal of the junked motor vehicle or junked motor vehicle part may be by any duly authorized person. o/group/legal/ordinances/chap I 0 sec 5 jv final doc Ordinance No. 2591 Page 5 MUNICIPAL COURT If the nuisance is not removed and abated within the time prescribed by order issued under Subsection "F", or a hearing is not requested before the Building and Standards Commission within the ten (10) day period provided by Subsection "C", a complaint concerning this public nuisance is to be filed in the Municipal Court of the City of College Station. Following a hearing, if the Judge finds that the owner or occupant is in violation of this Ordinance, the owner or occupant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision in Subsection "L". The Judge of the Municipal Court shall then further order the owner or occupant to remove and abate the nuisance within ten (10) days from the date the order is issued, the same being a reasonable time. If the owner or occupant fails to attend the public hearing where the order is issued, a College Station police officer will deliver or will cause to be delivered such order to the last known address of the owner or occupant. If the defendant shall fail to remove and abate the nuisance within the ten (10) day period ordered by the Judge, the Judge may issue an order directing the Chief of Police to have the nuisance removed and the Chief of Police or his duly authorized agent shall take possession of the junked motor vehicle or part thereof and remove it from the premises. The order shall include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available. REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT Within ten (10) days after receipt of notice to remove and abate the nuisance, as herein provided, the owner or occupant may give his written permission to the Chief of Police or his duly authorized agent for removal of the junked motor vehicle, or parts thereof, from the premises. The giving of such permission shall be considered compliance with the provisions of this Ordinance. Cost of removal will be borne by the City. City may offset the cost of removal with any funds received as scrap value of the vehicle. DISPOSAL OF JUNKED MOTOR VEHICLES A junked motor vehicle, or part thereof, may be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the City for processing as scrap or salvage. The City may operate a disposal site if the City Council determines by resolution that commercial channels of disposition are not available or are inadequate, and it may make final disposition of the junked motor vehicle or parts thereof, or the City may transfer the junked motor vehicle, or parts thereof, to another disposal site if the disposal is only as scrap or salvage. AUTHORITY TO ENFORCE The City Manager or his delegee authorized to administer this Ordinance under Subsection "G" herein, may enter private property for the purposes specified in this ordi- nance to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of the vehicle or vehicle part that constitutes the nuisance. The Municipal Court Judge may issue orders necessary to enforce this ordinance. o/group/legal/ordinances/chap I 0 sec 5 j v final, doc Ordinance No. 2591 Page 6 Mo PENALTY Anyone violating this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $200.00." EFFECT OF ARTICLE This article does not affect the law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property. o/group/legal/ordinances/chaplO sec 5 jv final, doc