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Home My WebLink About1967-0498 - Ordinance - 01/23/1967s Li n tx 0 0 ORDINANCE NO, 498 AN ORDINANCE ENTITLED "JUNKED MOTOR VEHICLES", PROVIDING DEFINITIONS ; DECLARING THE PRESENCE OF ANY JUNKED MOTOR VEHICLE WITHIN THE CITY OF COLLEGE STATION SHALL BE DEEMED A PUBLIC NUISANCE, WITH CERTAIN EXCEPTIONS; PROVIDING FOR NOTICE OF OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON OCCUPIED PREMISES; PROVIDING FOR NOTICE TO OWNER TO ABATE PUBLIC NUISANCE ON UNOCCUPIED PREMISES; PROVIDING FOR PRE- LIMINARIES TO TRIAL IN CORPORATION COURT; PROVIDING FOR TRIAL IN CORPORATION COURT; PROVIDING FOR REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT; PROVIDING FOR REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF CORPORATION COURT; PROVIDING FOR RULE OF EVIDENCE OF ABANDONMENT; PROVIDING FOR A PENALTY; PRO- VIDING FOR A CUMULATIVE PROVISION; PROVIDING FOR A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: JUNKED MOTOR VEHICLES Section 1: Short Title. This ordinance may be cited as "Junked Motor Vehicles Ordinance". Section 2: Definitions. For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the 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; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory; (1) "Junked Motor Vehicle" - Any motor vehicle, which does not 0 have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate, and the condition of which is one or more of the following: (a) Wrecked (b) Dismantled (c) Partially dismantled 1.41 (d) Inoperative (e) Abandoned E (f) Discarded CL. cS Exceptions: The provisions hereto shall not apply to: cr 01211 0 Ordinance No.498 Page 2 A. Any motor vehicle in operable condition specifically adapted or constructed for racing or operation on privately owned drag strips or raceways; B. Any motor vehicle retained by the owner for antique collection purposes rather than for salvage or for transportation; nor C. Any motor vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment. (2) "Person" - Any individual, firm, partnership, association, corpora- tion, company or organization of any kind. Section 3: Junked Motor Vehicles - Declared a Public Nuisance. The presence of any junked motor vehicle on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the City of College Station, shall be deemed a public nuisance; and it shall be unlawful for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle on the real property of another or to suffer, permit or allow any junked motor vehicle to be parked, left or maintained on his own real property, provided that this Section 3 shall not apply with regard to: (a) Any junked motor vehicle in an enclosed building; (b) Any junked motor vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or (c) Any junked motor vehicle in an appropriate storage place or depository maintained at a location officially designated and in a manner approved by the City of College Station. Section 4: - Same - Notice to Owner or Occupant to Abate Public Nuisance on Occupied Premises. Whenever any such public nuisance exists on occupied premises within the City in violation of Section 3 hereof, the Chief of Police or his duly authorized agent shall order the owner of the premises, if in possession thereof, or the occupant of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall: (a) Be in writing; (b) Specify the public nuisance and its location; Ordinance No. 498 Page 3 (c) Specify the corrective measures required; (d) Provide for compliance within ten (10) days from service thereof. Such order shall be served upon the owner of the premises or the occupant by serving him personally or by sending said order by certified mail, return receipt requested, to the address of the premises. If the owner or occupant of the premises fails or refuses to comply with the order of the Chief of Police or his duly authorized agent within the ten (10) day period after service thereof, as provided herein, the Chief of Police or his duly authorized agent shall take possession of said junked motor vehicle and remove it from the premises. The Chief of Police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. However, if the owner or occupant of said premises so desires, he may, within said ten (10) day period after service of notice to abate the nuisance, request of the Clerk of the Corporation Court of the City of College Station, either in person or in writing and without the requirement of bond, that a date and a time be set when he may appear before the Judge of the Corporation Court for a trial to determine whether or not he is in violation of this Ordinance; and said trial shall be set as provided in Section 6 hereof. Section 5: - Same - Notice to Owner to Abate Public Nuisance on Unoccupied Premises. Whenever any such public nuisance exists on unoccupied premises within the City in violation of Section 3 hereof, and the owner thereof can be found, the Chief of Police or his duly authorized agent shall order the owner of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall: (a) Be in writing; (b) Specify the public nuisance and its location; (c) Specify the corrective measures required; and (d) Provide for compliance within ten (10) days from service thereof. The order shall be served upon the owner of the premises by serving him personally or by sending said order by certified mail, return receipt requested, to his address as shown on the current tax rolls of the City of College Station, Texas. If the owner of the premises fails or refuses to comply with the order of the Chief of Police or his duly authorized agent within the ten (10) day period after service thereof, as provided herein, the Chief of Police or his duly authorized agent shall take possession of such junked motor vehicle and remove it from the premises. The Chief of Police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. However, if the owner of said premises so desires, he may within said ten (10) day period after service of notice to abate the nuisance, request of the Clerk of the Corporation Court of the City 01213 Ordinance No.498 Page 4 of College Station, either in person or in writing and without the requirement of bond, that a date and a time be set when he may appear before the Judge of the Corporation Court for a trial to determine whether or not he is in violation of this Ordinance; and said trial shall be set as provided in Section 6 hereof. Section 6: - Same - Preliminaries to Trial in Corporation Court. Upon receiving a request for trial, made pursuant to Section 4 or Section 5 hereof, the Clerk of the Corporation Court shall set a date and a time for such trial on the Court Docket. The Clerk of the Corporation Court shall notify the City Attorney of the date and time of such hearing. The City Attorney shall cause to be prepared, filed, and served on the defendant, a written complaint charging that the owner or occupant of the premises, as the case may be, has violated this Ordinance. After service, such complaint shall be on file with the Clerk of the Corporation Court not less that ten (10) days prior to the date of trial. Section 7: - Same - Trial in Corporation Court. The Judge of the Corporation Court shall hear any case brought before said Court, as set out herein, and shall determine whether or not the defendant is, infact, in violation of this Ordinance. Upon a finding that said defendant is in violation of this Ordinance, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision hereinafter set forth. The Judge of said Court shall further order such defendant to remove and abate said nuisance within ten (10) days, the same being a reasonable time. If the defendant shall fail and refuse, within said ten (10) days, to abate or remove the nuisance, the Judge of the Corporation Court may issue an order directing the Chief of Police to have the same removed, and the Chief of Police or his duly authorized agent shall take possession of said junked motor vehicle and remove it from the premises. The Chief of Police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. Section 8: - Same - Removal with Permission of Owner or Occupant. If, within ten (10) days after receipt of notice from the Chief of Police, or his duly authorized agent, to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the Chief of Police, or his duly authroized agent for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provision of this Ordinance. Section 9: - Same - Removal from Unoccupied Premises by Order of Corporation Court. 01214 Ordinance No.498 Page 5 If there is a junked motor vehicle, as herein defined, on premises that are unoccupied, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove same, then, upon a showing of such facts to the Judge of the Corporation Court, the Court may issue an order directing the Chief of Police to have the same removed, and the Chief of Police or his duly authorized agent shall take possession of said junked motor vehicle and remove it from the premises. The Chief of Police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. Section 10: - Evidence of Abandonment. If a junked motor vehicle, as defined in this Ordinance has been situated in the private property of another, without such person's permission, for a period of sixty (60) days or longer, this fact shall be prima facie evidence that the owner of said vehicle has abandoned the same. Section 11: - Penalty. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $200. 00. Each transaction in violation of any of the pro- visions hereof shall be deemed a separate offense. SECTION I: That the provisions of this Ordinance set out above shall be deemed cumulative of the provisions and regulations contained in other ordinances, save and except that where the provisions of this ordinance are in conflict with the provisions elsewhere in said City Ordinance, then the provisions contained herein shall prevail. SECTION II: It is hereby declared to be the intention of the City Council that the Sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. SECTION III: The fact that there are presently no adequate provisions regulating public nuisances created by junked motor vehicles on private property, making the regulation thereof necessary in the public interest, 0 215 Ordinance No.498 Page 6 creates an urgency and an emergency in the immediate preservation of the public health, safety, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. Passed and Approved this 23rd day of January, 1967. APPROVED: D. A. Anderson, Mayor ATTEST: City Secretary 012 6