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Home My WebLink About1988-1774 - Ordinance - 09/08/1988ORDINANCE NO. 1774 AN ORDINANCE AMENDING CHAPTER 10, SECTION 5, SUBSECTIONS A, B, C, F, H, I, J, AND K OF THE CODE OF ORDINANCES OF THE CITY OF COL- LEGE STATION, TEXAS, RELATING TO JUNKED MOTOR VEHICLE REGULA- TIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA- TION, TEXAS: I. That Chapter 10, Section 5, Subsections A, B, C, F, H, I, J and K of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "SECTION 5: JUNKED MOTOR VEHICLE REGULATIONS A. DEFINITIONS For the purposes of this section, the following phrases, terms, words, and their derivations shall have their meaning given herein. When not inconsistent with the context, words used in the present 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 Article 7- a, Texas Revised Civil Statutes, as amended: (a) that is inoperative; and (b) that does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of more than 45 days. (2) Person means any individual, firm, corporation, part- nership, association, company or organization of any kind. (3) Antique Vehicle means a motor vehicle that is at least 35 years old. n05392 (4) Special Interest Vehicle means a motor vehicle of any age that has not been altered or modified from the original manufacturer's specifications, and because of its historic interest, is being preserved by hobbyists. (5) Collector means the owner of one or more antique or spe- cial interest vehicles, who collects, purchases, ac- quires, trades or disposes of special interest or an- tique vehicles, or parts of them, for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest. B. 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,tendinq to reduce the value of private property, to invite vandalism, to create fire haz- ards, 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 where it is not visible from the street or other public or pri- vate property. (2) Any motor vehicle or part thereof which is stored or parked in a lawful manner on private property in con- nection with the business of a licensed vehicle dealer or junkyard. (3) Any motor vehicle or part thereof located in an appro- priate storage place or depository maintained at a loca- tion specifically designated, and in a manner approved by the City of College Station. (4) Any operable or inoperable antique or special interest vehicle stored by a collector on the collector's prop- erty if the motor vehicle and the outdoor storage 2 005393 area are maintained in a manner so that they do not con- stitute a health hazard and are screened from ordinary public view by means of a screen fence, trees, shrub- bery, or other means authorized by the Zoning Official. C. NOTICE TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON PRIVATE OR PUBLIC PROPERTY Contents of Notice - Private Property, Public Property, or Public Rights -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 Chief of Police, or his duly authorized agent, 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 state the nature of the public nuisance, that it must be removed and abated within ten days, and that a request for a hearing before the Structural Standards Board must be made before the expiration of the ten day period. This notice must be mailed, by certified mail with a five day return re- ceipt 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 ex- ists, 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 Chief of Police or his duly authorized agent shall affix a tag to said junked motor vehicle. Said tag shall state that said junked motor vehicle is a public nui- sance, that it must be removed and abated within ten days and that a request for a hearing before the Structural Standards Board must be made before the expiration of the ten day pe- riod. F. PUBLIC HEARING Within ten days after service of notice to abate the nui- sance, the owner or occupant of the public or private prem- ises, or the owner or occupant of the public right-of-way on which the vehicle is located, may request a public hearing. The hearing shall be held before the Structural Standards 3 n05394 Board. An order requiring the removal of a vehicle or vehi- cle part shall include a description of the vehicle and the correct identification number and license number of the vehi- cle if the information is available at the site. H. MUNICIPAL COURT If the nuisance is not removed and abated, and a hearing is not requested before the Structural Standards Board within the ten day period provided by Subsection "C", a complaint concerning this public nuisance is to be filed in the Munici- pal Court of the City of College Station. If it is deter- mined that the defendant is in violation of this Ordinance, the defendant 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 said defendant to remove and abate the nuisance within ten (10) days, the same being a reasonable time. If the defendant shall fail to remove and abate the nuisance within the ten day period ordered by the Judge, the Judge may issue an order directing the Chief of Police to have the nui- sance 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 at the site. I. REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT Within ten days after receipt of notice to abate the nui- sance, as herein provided, the owner or occupant of the prem- ises 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 pro- visions 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. J. 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 deter- mines 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, 4 n05395 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. K. AUTHORITY TO ENFORCE The Chief of Police or his duly authorized agent may enter private property for the purposes specified in this ordinance to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the re- moval of the vehicle or vehicle part that constitute the nuisance. The Municipal Court Judge may issue orders neces- sary to enforce this ordinance." PASSED, ADOPTED and APPROVED this 8th day of September, 1988. ATTEST: ` Dian J es, ity Secretary APPROVED: 5 n05396