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HomeMy WebLinkAboutORD 80-45 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-15 BY ADDING DEFINITIONS; LIMITING EXCEPTIONS; PROVIDING FOR NOTICE IF JUNKED MOTOR VEHICLES ARE ON PUBLIC PROPERTY; REQUIRING ADMINISTRATION BY CITY EMPLOYEES; CHANGING RESPONSIBILITY FOR REMOVAL AND DISPOSAL OF JUNKED MOTOR VEHICLES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13, Section 13-15 of the Code of Ordinances is hereby amended to read as follows: Section 13-15. (a) Definitions. 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. "Junked Motor Vehicle" means any motor vehicle as defined in Section 1 of Article 670ld-11, Vernon' s Texas Civil Statutes, as amended, which: 1. 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; dismantled; partially dismantled; or discarded or; 2 . Remains inoperable for a continuous period of more than 120 days. "Antique" auto means passenger cars or trucks that become thirty-five (35) or more years old. "Special interest vehicle" means a motor vehicle of any age which has not been altered or modified from original manu- facture' s specifications and, because of its historic interest, is being preserved by a hobbist. "Collector" means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historical interest. (b) The presence of any junked motor vehicle which is located in any place where it is visible from a public place or a public right of way is declared a public nuisance; and it shall be unlawful for any person to cause or maintain such a public nuisance on the real property of another or to suffer, permit or allow any junk motor vehicle to be parked, left or maintained on his own real property, provided that this section shall not apply with regard to: 1. A 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. 2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or a licensed junkyard. 3. Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. 2 - (c) Whenever any such public nuisance exists on occupied premises within the city in violation of subsection (b) hereof, the City Manager or his designee shall order 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 order shall: 1. Be in writing; 2. Specify the public nuisance, its location and contain a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site; 3. Specify the corrective measures required; 4. Provide for compliance within ten (10) days of receipt of the order; and, 5. Provide that a request for a hearing must be made before expiration of said ten (10) day period. Such order shall be mailed, by certified or registered mail with a five (5) days return requested, to the owner or the occupant of the premises whereupon 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 City Manager or his designee within the ten (10) day period after service thereof, as provided herein, the City Manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The City Manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. However, if 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 of the clerk of the municipal court, either in person or in writing and without the require- ment of bond, that a date and a time be set when he may appear - 3 - before the municipal magistrate for a trial to determine whether or not he is in violation of this section; and said trial shall be set as provided in subsection (f) hereof. (d) Whenever any such public nuisance exists on unoccupied premises within the city in violation of subsection (b) hereof, and the owner thereof can be found, the City Manager or his designee shall order the owner of the premises whereon such public nuisance exists to abate or remove the same. Such order shall: 1. Be in writing; 2. Specify the public nuisance, its location and contain a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site; 3. Specify the corrective measures required; 4. Provide for compliance within ten (10) days of receipt of the order; and, 5. Provide that a request for a hearing must be made before expiration of said ten (10) day period. The order shall be mailed to the owner of the premises by certified or registered mail with a five (5) day return requested. 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 of the premises fails or refuses to comply with the order of the City Manager or his designee within the ten (10) day period after receipt thereof, as provided herein, the City Manager or his designee, shall take possession of such junked motor vehicle and remove it from the premises. The City Manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. However, if the owner of said premises so desires, he may, within said 4 - ten (10) day period after service of notice to abate the nuisance, request of the clerk of the municipal court, either in person or in writing and without the requirement of bond, that a date and a time be set when he may appear before the municipal magistrate for a trial to determine whether or not he is in violation of this section; and said trial shall be set as provided in subsection (f) hereof. (e) Whenever any such public nuisance exists on public property or on a public right of way within the city in violation of subsection (b) hereof, the City Manager or his designee shall order the owner or the occupant of the public premises or the owner or the occupant of the premises adjacent to the public right of way whereupon such public nuisances exist to abate or remove the same. Such order shall: 1. Be in writing; 2. Specify the public nuisance, its location and contain a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site; 3. Specify the corrective measures required; 4. Provide for compliance within ten (10) days of receipt of the order; and, 5. Provide that a request for a hearing must be made before expiration of said ten (10) day period. Such order shall be mailed by certified or registered mail with a five (5) day return requested to the owner or occupant of the premises or the owner or occupant of the premises adjacent to the public right of way whereupon the 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 5 - City Manager or his designee within the ten (10) day period after service thereof, as provided herein, the City Manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The City Manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. However, if 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 of the clerk of the municipal court, either in person or in writing and without the requirement of bond, that a date and a time be set when he may appear before the municipal magistrate for a trial to determine whether or .not he is in violation of this section; and said trial shall be set as provided in subsection (e) hereof. (f) Upon receiving a request for trial, made pursuant to subsections (c) , (d) , or (e) 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 section. 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 trial. (g) The municipal magistrate shall hear any case brought before said court, as set out herein, and shall determine whether or not the defendant is, in fact, in violation of this section. Upon a finding that said defendant is in violation of this section, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision hereinafter set forth. The magistrate shall further order such defendant to remove and abate said nuisance within ten (10) days, the same being a reasonable time. If the defendant - 6 - shall fail and refuse, within said ten (10) days, to abate or remove the nuisance, the magistrate may issue an order directing the City Manager or his designee to have the same removed, and the City Manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The City Manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. (h) If, within ten (10) days after receipt of notice from the City Manager or his designee, to abate the nuisance, as herein provided, the owner or occupant . of the premises shall give his written permission to the City Manager or his designee for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this section. (i) If there is a junked motor vehicle, as herein defined, on premises that are unoccupied, 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 municipal magistrate, the court may issue an order directing the City Manager or his designee to have the same removed, and the City Manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The City Manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. (j ) Within five (5) days after the date of removal of any vehicle under this section, notice shall be given to the Texas Highway Department. Said notice must identify the vehicle or part thereof removed. (k) After a vehicle has been removed, it shall not be reconstructed or made operable. (1) This ordinance will be administered by regularly salaried full time employees of the City, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. - 7 - Section 2. This ordinance shall become effective October 1, 1980. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 , All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5 Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the �'day of , ` 1980. �f Mayor - 8 -