The URL can be used to link to this page

Home My WebLink About1972-0834 - Ordinance - 08/28/1972ORDINANCE NO. 834 AN ORDINANCE ENTITLED "JUNKED MOTOR VEHICLES "; PROVIDING FOR DEFI- NITIONS; 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 PRIVATE OR PUBLIC PROPERTY; PROVIDING FOR PRELIMINARIES TO TRIAL IN MUNICIPAL COURT; PROVIDING FOR TRIAL IN MUNICIPAL COURT; PROVIDING FOR REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT; PROVIDING FOR REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF MUNICIPAL COURT; PROVIDING FOR DISPOSAL OF JUNKED VEHICLES; PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; PROVIDING FOR AUTHORITY TO ENFORCE; PROVIDING FOR A PENALTY; PROVIDING 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" means any motor vehicle as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, as amended, which is 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; dis- mantled; partially dismantled; or discarded. (2) "Person" - any individual, firm, corporation, partnership, association, company or organization of any kind. Section 3: Junked Motor Vehicles - Declared a Public Nuisance. Junked 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 an attractive nuisance creating a hazard to the 02202 Ordinance No. 834 Page 2 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 develop- ment of the City of College Station, Texas, and such vehicles are therefore, declared to be a public nuisance; provided that this Section 3 shall not apply with regard to: (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; (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; (d) 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 private property; (e) 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 a junkyard. (f) 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 Private or Public Property. Whenever any such public nuisance exists on private or public property within the City in violation of Section 3 hereof, the Chief of Police or his duly authorized agent shall notify 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 notice shall: (a) Be in writing; (b) Specify the public nuisance and its location; (c) That it must be removed and abated within ten (10) days and further that a request for a hearing must be made before the expiration of said ten (10) day period; such notice to be mailed, by certified or registered mail with a 5 -day return requested, to the owner or occupant of the premises where- upon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. If the owner or occupant of the premises fails or refuses to comply with the order of the Chief of Police of 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. Such order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site. 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 Ordinance No. 834 Page 3 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 the Clerk of the Municipal Court of the City of College Station, either in person or in writing and without the re- quirement of bond, that a date and a time be set when he may appear before the Judge of the Municipal 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 5 hereof. Section 5: - Same - Preliminaries to Trial in Municipal Court. Upon receiving a request for trial, made pursuant to Section 4 hereof, the Clerk of the Municipal Court shall set a date and a time for such trial on the Court Docket. The Clerk of the Municipal 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 Municipal Court not less than ten (10) days prior to the date of the trial. Section 6: - Same - Trial in Municipal Court. The Judge of the Municipal 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 Municipal 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 7: - 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 authorized 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. 1 1 �, Ordinance No. 834 Page 4 Section 8: - Same - Removal from Unoccupied Premises by Order of Municipal Court. If there is a junked motor vehicle, as herein defined, on premises that are un- occupied, 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 Municipal 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 pos- session 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 9: - Disposal of Junked Vehicle. Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolishers, or any suitable site operated by the City of College Station, Texas for pro- cessing as scrap or salvage, provided that after a vehicle has been removed it shall not be reconstructed or made operable. The City of College Station, Texas may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or the City of College Station, Texas may transfer such vehicles or parts to another, provided such disposal shall be only as scrap or salvage and provided that after a vehicle has been removed it shall not be reconstructed or made operable. Section 10: - Notice to Texas Highway Department. The Chief of Police or his duly authorized agent shall give notice to the Texas Highway Department within five days after the date of removal of the junked motor vehicle or part thereof, identifying the vehicle or part thereof. Section 11: - Authority to Enforce. The Chief of Police or his duly authorized agent may enter upon private property for the purposes specified in this Ordinance to examine vehicles or parts thereof, ob- tain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. The Muni- cipal Court of the City of College Station, Texas shall have authority to issue all orders necessary to enforce this Ordinance. Section 12: - Penalty. Any person violating any of the provisions of this Ordinance shall be guilty of a JL ,,,i misdemeanor, and upon conviction shall be subject to a fine of not more than $200. 00. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense. 0=05 Ordinance No. 834 Page 5 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 Ordinances, 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 de- clared unconstitutional or invalid by the valid judgement or decree of any court of com- petent jurisdiction, such unconstitutionality or invalidity shall not affect any of the re- maining 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 or public property, making the regulation thereof necessary in the public interest, creates an urgency and an emer- gency 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 28th day of August, 1972. APPROVED: ATTEST: City Secretary ' )q 44 _ 4 _� ayor