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HomeMy WebLinkAbout2007-3009 - Ordinance - 09/27/2007ORDINANCE NO. 3009 AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE ", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; DECLARING JUNKED VEHICLES TO BE PUBLIC NUISANCES; PROVIDING REGULATIONS PERTAINING THERETO; PROVIDING A SEVERABILITY 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, "Traffic Code ", 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 affect 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 this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). 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 27` day of smtember, 2007. ATTEST: ecre ary APPROVED: E- Signecklpy Mary Ann Powell VERIFY, with A { rgve APPROVED: (�a Az� Mayor' City Attorney ORDINANCE NO. 3009 EXHIBIT "A" Page 2 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 by replacing it in its entirety as set out hereafter 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) Antique Vehicle means a passenger car or truck that is at least twenty -five (25) years old. (2) Junked Motor Vehicle means any motor vehicle as defined in Texas Transportation Code Title 7, Chapter 683, as amended: (a) that is self - propelled; and (b) does not have lawfully affixed to it: (1) an unexpired license plate; and (2) a valid motor vehicle safety inspection certificate, and (c) is: (1) wrecked, dismantled, partially dismantled, or discarded; or (2) inoperable and has remained inoperable for more than: (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property (3) 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. (4) Person means any individual, firm, corporation, partnership, association, company or organization of any kind. (5) 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. B. JUNKED MOTOR VEHICLES DECLARED PUBLIC NUISANCE WOrdinance 2007 \September 2007 \ORDINANCE NO. 3009.doc10/l/20071:58:12 PM ORDINA]VCE NO. 3009 Page 3 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, tend to reduce the value of private property, invite vandalism, create fire hazards, constitute attractive nuisances creating a hazard to the health and safety of minors, and produce urban blight which is adverse to the maintenance and continuing development of the City of College Station, Texas. Because of this, they are public nuisances. C. OFFENSE A person commits an offense if the person maintains a public nuisance as described in this Section. D. INAPPLICABILITY OF DECLARING JUNK MOTOR VEHICLES AS PUBLIC NUISANCES Vehicles or parts of vehicles are not public nuisances if one or more of the following apply: (1) The motor vehicle or part thereof is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; (2) The motor vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: (a) maintained in an orderly manner; (b) not a health hazard; and (c) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. E. NOTICE TO ABATE PUBLIC NUISANCE (1) Not less than 10 days' notice of the nature of the nuisance will be given by personal delivery or sent by certified mail with a five -day return requested or delivered by the United States Postal Service with signature confirmation service to: (a) the last known registered owner of the nuisance; (b) each lienholder of record of the nuisance; and (c) the owner or occupant of: (i) the property on which the nuisance is located; or (ii) if the nuisance is located on a public right -of -way, the property adjacent to the right -of -way. (2) The notice shall state that: (a) the nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and (b) any request for a hearing must be made before that 10 -day period expires. (3) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. (4) If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11 th day after the date of the return. PUBLIC HEARING U:\Ordinance 2007 \September 2007 \ORDINANCE NO. 3009.doc10/1/20071:58:12 PM ORDINANCE NO. 3009 Page 4 (1) A public hearing shall be held on request of a person who receives notice as provided by this Section if the request is made not later than the date by which the nuisance must be abated and removed and shall be held no earlier than the 11 h day after the date of the service of the notice. Such hearing shall be held before the City Manager or his designee. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (2) Upon a finding that a nuisance as described in this Section exists, the City Manager or his designee 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, the vehicle identification number and the license number, if the information is available. G. 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 Section. 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. H. MUNICIPAL COURT If the nuisance is not removed and abated within the time prescribed by order issued by the City Manager or his designee, or if a public hearing is not requested within the ten (10) day period as provided above, a complaint concerning this public nuisance may be filed in the Municipal Court of the City of College Station. Following a hearing and trial, upon a finding of guilty the defendant shall pay a fine in accordance with the penalty provision in this Section. On conviction, the Judge of the Municipal Court shall order abatement and removal of the nuisance within 10 days from the date the order is issued, the same being a reasonable time unless the Judge sets forth a different time period no shorter than 10 days as reasonable. If the defendant fails to atterid the 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 defendant. If the defendant fails to remove and abate the nuisance within the 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 ve- hicle, the vehicle identification number and license number of the vehicle, if the information is available. RECONSTRUCTION A junked motor vehicle, shall not be reconstructed or made operable after it has been removed. RELOCATION OF JUNKED VEHICLE Relocation of a junked vehicle that is a public nuisance to another location within the City or county after a proceeding for the abatement and removal of such public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. K. DISPOSAL OF JUNKED MOTOR VEHICLES (1) A junked motor vehicle, or part thereof, may be removed to a scrap yard, a motor vehicle demolisher, or a suitable site operated by a city or county. U: \Ordinance 2007 \September 2007 \ORDINANCE NO. 3009.doc10/l/20071:58:12 PM ORDINANCE NO. 3009 Page 5 (2) The City may operate a disposal site if the City Council determines that com- mercial channels of disposition are not available or are inadequate. The City may finally dispose of a junked vehicle or vehicle part, or transfer it to another disposal site if the disposal is scrap or salvage only. NOTICE TO HIGHWAY DEPARTMENT The City Manager or his delegee sh ?ll give notice to the Texas Department of Transportation not later than the fifth (5 )day after the date of removal of the junked motor vehicle or part thereof. Said notice shall identify the vehicle or vehicle part. M. ADMINISTRATION The administration of this Section shall be by regularly salaried, full -time employees of the City, except that any authorized person may remove the public nuisance. N. AUTHORITY TO ENFORCE The City Manager or his delegee authorized to administer this Section may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance. The Municipal Court Judge may issue orders necessary to enforce this subsection. O. PENALTY Anyone violating this Section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $200.00. P. 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." UAOrdinance 2007 \September 2007 \ORDINANCE NO. 3009.doc10/l/20071:58:12 PM