HomeMy WebLinkAboutORD 1419 - ORD Relating to Junked Vehicles & Partsss and Ameding Code
Ordinance No. 1419
AN ORDINANCE RELATING TO JUNKED VEHICLES AND PARTS OF
VEHICLESi AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF WEST UNIVERSITY PLACE,
TEXAS:
Section 1, Article VI (entitled "Junked Vehicles") of
Chapter 13 (Sections 13-211 through 13-221) of the Code of
Ordinances of the City of West University Place, Texas is
hereby amended to read in its entirety as follows:
ARTICLE VI. JUNKED VEHICLES
ABATEMENT OF NUISANCES
Sec. 13-211. Definitions.
(a) In this Article, IIAMV Law" means Article V
(entitled uAbandoned Motor Vehicles") of art, 4477-9a TEX.
REV. CIV. STAT. ANN., as it may be amended, codified or
superseded from time to time hereafter.
(b) Unless the context requires a different meaning,
words and phrases used in this Article have the same meanings
as in the AMV Law.
Sec. 13-212. Purpose and Application
(a) The purpose of this Article is to adopt procedures
for the removal and abatement of junked vehicles (and parts of
vehicles) declared to be public nuisances by the AMV Law.
The City Council also finds, determines and declares that such
vehicles are public nuisances.
(b) The procedures in this Article apply to vehicles in
all places allowed by the AMV Law, but they do not apply to
those vehicles (and parts of vehicles) excepted by the AMV
Law.
(c) Abatement and removal procedures under this Article
do not preclude other available remedies. both civil and
criminal, all of which may be pursued by the city. Removal
and abatement ordered by a court under Section 5.08 of the AMV
Law shall be an independent alternative to this Article.
!III
- 003-
Sec. 13-213. Procedures And Administr~tion.
(a) After notice and an opportunity for a hearing, a
junked vehicle (or part of a vehicle) may be ordered removed.
The chief of police is designated to hold such hearings. All
of the procedures and other provisions of the AMV Law are
hereby adopted. They shall be observed in connection with
removal proceedings under this Article.
(b) The chief of police ar.d all other salaried,
full-time employees in the police department or in the
building inspections department (or division) are authorized
to administer the procedures authorized by this Article. The
chief of police may authorize other persons to remove vehicles
or parts of vehicles.
Section 2. All ordinances dnd parts of ordinances in conflict
herewith are hereby repealed to the extent of the c.onflict
only.
Section 3. If any word, phrase, clause, sentence, paragraph.
section or other part of this ordinance or the application
thereof to iny person or circumstdnce, shall ever be held to
be invalid or unconstitutional by any court of cODlpetent
jurisdiction, the remainder of this orainance and the
application of such word. phrase, clause, sentence, paragraph,
section or other part of this ordinance to any other persons
or circumstances shall not be affected thereby.
SeLtlon 4. The City Councll officially finds, determines and
declares that a sutficier.t written notice of the date, hour,
place and subject of each meeting at which this ordinance was
discussed, considered or acted upon was given in the manner
required by the Open ~etings Law, TEX. REV. CIV. STAT.
ANN. art. 6252-17. as amended, and that each such meeting has
been open to the public as required by law at all times during
such discussion, consiaeration and action. The Clty Council
ratifies, approves ana confirms such notices ana the contents
and posting thereof.
Section 5. This ordinance shall become effective immediately
upon adoptlor. and signature.
PASSED AND APPROVED ON FIRST READING, this
, 19_
day of
Voting Aye:
Voting Nay:
Absent:
PASSED AND APPROVED ON SECOND READING, this
, 19_
day of
Voting Aye:
Voting Nay:
Absent:
Signed:
ATTEST:
Kaylynn Holloway
City Secretary
Approved as to Form.
(SEAL)
James T~~~lrougherty. Jr.
City Attorney