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Home My WebLink AboutOrd 973 - Amending Code by Declaring Junked Vehicles or Parts be a Public Nusiance 214 ORDINANCE NUMBER 973 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY DECLAIRING JUNKED VEHICLES OR PARTS THEREOF TO BE A PUBLIC NUISANCE, WHICH ARE LOCATED WHERE THEY ARE VISIBLE FROM A PUBLIC PLACE OR RIGHT OF WAY IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS TENDING TO REDUCE THE VALUE OF PROPERTY, IN- VITE VANDALISM, CREATE FIRE HAZARDS, AND AS CONSTITUTING AN ATTRACTIVE NUISANCE; PROVIDING FOR THE REMOVAL OF JUNKED VEHICLES OR PARTS THEREOF FROM PUBLIC OR PRIVATE PROPERTY; PROVIDING FOR lO DAYS I NOTICE TO REMOVE AND ABANDON SUCH NUISANCES; PROVIDING FOR A PUBLIC HEARING BEFORE THE CITY MANAGER, WHEN REQUESTED; PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPARTMENT AS TO THE REMOVAL OF SUCH VEHICLE OR PARTS; PROVIDING EXCEPTIONS FOR THE VEHICLES OR PARTS WHICH ARE COMPLETELY ENCLOSED IN SUCH MANNER AS NOT TO BE VISIBLE FROM OTHER PUBLIC OR PRIVATE PROPERTY, AND FOR VEHICLES OR PARTS STORED IN A LAWFUL MANNER ON PRIVATE PROPERTY OF A LICENSED VEHICLE DEALER OR JUNKYARD; PROVIDING FOR THE ADMINISTRATION OF THE ORDINANCE BY THE POLICE DEPARTMENT OF THE CITY OF WEST UNIVERSITY PLACE; PROVIDING FOR THE DISPOSAL OF JUNKED VEHICLES OR PARTS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING A PENALTY BY A FINE OF UP TO $200.00 FOR EACH DAYlS VIOLATION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section l. That the Code of Ordinances of the City of West Univer- sity Place, Texas, is hereby amended by adding certain Sections to be numbered Section 23-144. 1 through Section 23-144.3, which said Sections shall read as follows: IlSection 23-]44. l. Definitions. As used in this Ordinance: DEMOLISHER - means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. JUNKED VEHICLE - means any motor vehicle as defined in Section 1 of Article 827a, Vernonls Texas Penal Code, as amended, which is in- operative and which does not have lawfully affixed thereto both an unexpired 1 icense plate or plates and a val id motor vehicle safety inspection certificate, and which is wrecked, dismantled, partially dismantled, or discarded. MOTOR VEHICLE - means any motor vehicle subject to registration pur- suant to the Texas Certificate of Title Act. 215 Section 23-144.2. Junked Vehicle; Publ ic Nuisance. Junked vehicles which are located in any place where they are visible from a publ ic place or publ ic right of way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandal ism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the City of West University Place, by producing urban bl ight which is adverse to the maintenance and continuing development of the City of West University Place are declared to be a publ ic nuisance. Section 23-144.3. Abatement of Publ ic Nuisance. The following procedures are hereby established for the abatement of the public nuisance defined in Section 23-l44.2 above, as authorized by Article 1436-3, Vernonls Annotated Penal Code, and amendments thereto, to-wit: A. Administration. This Ordinance shall be administered by the Chief of Police for the City of West University Place, or his designa- ted employees, except for removal of vehicles or parts thereof from property which may be performed by any other person de- signated in writing by the Chief of Police, upon a form to be prepared by such Chief of Police. Such city employees shall be regularly salaried and full-time. B. Notice to Owner. The Chief of Police shall provide for the re- moval of any public nuisance, as herein defined from private property or public property, provided that the Chief shall give notice by certified or registered mail with a 5-day return re- quested, to the owner or occupant of the premises whereupon such pub1 ic nuisance exists, which notice shall set forth: (I) The nature of the public nuisance; (2) That it must be removed and abated within ten days; and (3) That a public hearing before the City Manager may be re- quested, provided that such request is filed in the office of the City Secretary prior to the expiration of such 10-day period. If any notice to an owner or occupant, as above authorized, is returned undel ivered by the United States Postal Service, offi- cial action to abate said public nuisance shall be continued to a date not less than lO days from the date of such return. C. Publ ic Hearing. When an owner or occupant, upon receipt of a notice under Subsection B, above, files a request for public hearing within the time and in the manner therein specified, the City Secretary shall proceed to set a public hearing before the City Manager and shall post notice of the time, place and subject of said hearing on the City Hall Bulletin Board and, also shall mail a copy of said notice to the party requesting such hearing not less than three (3) days prior to such hearing. 216 D. Order. At the conclusion of a public hearing under Subsection C, above, the City Manager shall, by Order, require the removal of such junked vehicle or part thereof, and shall include a descrip- tion of the vehicle and correct identification number and license number of the vehicle, if such identification and I icense number are available at the site. If the foregoing Order is not made, or if no action is taken by the City Manager, the proceedings shall be abated and no further action shall be taken by the Chief of Police or his designated employees with regard to the abate- ment of such pub1 ic nuisance. E. Removal. When the owner or occupant has failed to abate a nuisance within the time hereinabove specified, or upon the makin~'of an Order under Subsection D, above, the Chief of Police or his designated employees, shall arrange for the re- moval of the junked vehicle, or part thereof, by either such employees or any other duly authorized person, to such location as the Chief may desinate; PROVIDED, that any junked vehicle or parts which have been removed under the terms of this Ordinance shall not be reconstructed or made operable. The Chief of Police shall give Notice to the Texas Highway De- partment withing five (5) days after removal of a junked vehicle, or part thereof, citing this Ordinance, setting forth all iden- tification numbers and such other description as may be available at the site, and requesting cancellation of the certificate of title to such vehicle, pursuant to Article l436-l, Vernonls Annotated Texas Penal Code, as amended. F. Disposal. The Chief of Police shall arrange for the disposal of junked vehicles or parts thereof, in accordance with Article l436-3, Section ll, Vernonls Annotated Texas Penal Code. G. Exemptions. This Ordinance shall not apply to: (l) A junked vehicle or parts 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; or (2) A junked vehicle or parts thereof which is stored or parked in a lawful manner on private property in connec- tion with the business of a licensed vehicle dealer or a junkyard. Section 2. Severabil ity. The City Commission of the City of West University Place, Texas does hereby declare that, if any section, subsection, paragraph, sentence, clause, pharse, word or portion of this Ordinance is de- clared inval id, or unconstitutional by a court of competent jurisdiction, in such event, it would have passed and ordained any and all the remaining por- tions of this Ordinance without the inclusion of that portion or portions which may be found to be unconstitutional or inval id, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. 217 Section 3. Penalty. Any person who shall violate any of the pro- VISions of this Ordinance, or who shall fail to comply with any of the re- quirements thereof, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $200.00, upon conviction. Each dayls violation shall constitute a separate offense. PASSED AND APPROVED this lOth day of January, 1972. Commissioners Voting Aye: All \//.. .. ,/y:tI<::A:; (2..<...~._. Assistant City Secretary None ATTEST: