Loading...
HomeMy WebLinkAbout1986-1636 - Ordinance - 02/27/1986ORDINANCE NO. 1636 AN ORDINANCE AMENDING CHAPTER ]0, SECTION 5 OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO JUNKED MOTOR VEHICLES. SE IT ORDAINED BY THE CITY COUNCIL OF CITY OF COLLEGE STATION, TEXAS: That Chapter 10, Section 5, of the Code of Ordinances of the City of College Station 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 V.A.C.S., Article 6701d-11, that: (a) Is inoperative, is wrecked, dismantled, partially disabled or discarded, and does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certifi- cate; or that, (b) 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. Ordinance No. 1636 Page 2 (3) Antique Vehicle means a motor vehicle that is at least 35 years old. (4) Special Interest Vehicle means a motor vehicle of any age that has not been altered or modified from the orig- inal 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 special 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. S. JUNKED MOTOR VESICLES 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 det- rimental 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 attrac- tive nuisance 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 main- tenance and continuing development of the City of College Station, Texas. Such 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) (3) Any motor vehicle or part thereof which is stored or parked in a lawful manner on property in connection with the business of a licensed vehicle dealer or junkyard. Any junked motor vehicle in an appropriate storage place or depository maintained at a location specifically des- ignated, and in a manner approved by the City of College Station. Ordinance No. 1636 Page 3 (4) Any operable or inoperable antique or special interest vehicle stored by a collector on the collector's prop- erty if the 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 Zoning Official. Ce NOTICE TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON PRIVATE OR PUBLIC PROPERTY Contents of Notice - Private Property, Public Propertyt 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 Sub-section "C" 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, and in the case of a public right-of-way, the owner or occupant of the premises adjacent to the public right-of-way. Such no- tice 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 must be made be- fore expiration of the ten day period. This notice must be mailed, by certified mail with a five day return receipt requested to the last known owner, any lienholder, and the owner or occupant of the premises, and in the case of a pub- lic right-of-way, the owner or occupant of the premises ad- jacent to the public right-of-way on which the public nui- sance sits. If the notice is returned undelivered by the United States Post Office, the Chief of Police or his duly authorized agent shall place a tag on said junked motor ve- hicle. Said tag shall state that said junked motor vehicle is a public nuisance and it must be removed and abated within ten (10) days and that a request for a hearing before the City Manager must be made before the expiration of ten days. Dm RECONSTRUCTION A junked motor vehicle, shall not operable after it has been removed. be reconstructed or made Ordinance No. 1636 Page 4 E. NOTICE TO HIGHWAY DEPARTMENT The Chief of Police or his duly authorized agent shall give notice to the State Department of Highways and Public Trans- portation not later than the fifth day after the date of re- moval of the junked motor vehicle or part thereof. Said no- tice shall identify the vehicle or vehicle part. 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 City Manager. An order requiring the removal of a vehicle or vehicle part shall in- clude a description of the vehicle and the correct identifi- cation number and license number of the vehicle if the infor- mation is available at the site. G. ADMINISTRATION The administration of this act shall be by regularly sala- ried, full-time employees of the City, except that the re- moval of the junked motor vehicle or junked motor vehicle part may be by any duly authorized person. H. MUNICIPAL COURT If the nuisance is not removed and abated, and a hearing is not requested before the City Manager within the ten day period provided by Section C, a complaint concerning this public nuisance is to be filed in the Municipal Court of the City of College Station. If it is determined that the de- fendant 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 M. The Judge of the Municipal Court shall then further order said defendant to remove and abate the nuisance within ten (]0) days, the same being a reasonable time. If the defend- ant shall fail to remove and abate the nuisance within the ten day period ordered by the Judge, the Judge may issue an Ordinance No. 1636 Paqe 5 order directing the Chief of Police to have the nuisance re- moved 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. 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. 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 Manager deter- mines that commercial channels of disposition are not avail- able or are inadequate, and it may make final disposition of the junked motor vehicle or parts thereof. 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 person authorized to administer this ordinance 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 a vehicle or vehicle parts that constitute the nui- sance. The Municipal Court Judge may issue orders necessary to enforce this ordinance. PENALTY Anyone violating this ordinance shall be guilty of a misde- meanor and upon conviction shall be fined not more than Two Ordinance No. 1636 PaGe 6 Hundred Dollars ($200.00), and each day such violation con- tinues shall constitute a separate offense. M. EFFECT OF ARTICLE This article does not affect the law authorizing the immedi- ate removal, as an obstruction to traffic, of a vehicle left on public property. II. This ordinance is and shall be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED, and APPROVED this ATTEST: , City Secre~ 27th day of February , 1986. APPRO :