HomeMy WebLinkAboutORD 83-33 ORDINANCE NO. 003-33
ENTITLED AN ORDINANCE AMENDING PARAGRAPHS (C) ,
(D) , AND ( E) OF SECTION 13-15 OF THE CODE OF
ORDINANCES TO PROVIDE FOR THE GIVING OF NOT LESS
THAN TEN ( 10) DAYS NOTICE TO THE LAST KNOWN
REGISTERED OWNERS OF JUNKED MOTOR VEHICLES AND
ALL LIENHOLDERS OF RECORD OF JUNKED MOTOR
VEHICLES; PROVIDING FOR SEVERABILITY ; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Section 13-15, Paragraph ( c ) of the Code of
Ordinances of the City of Beaumont shall be amended to read as
follows:
Section 13-15 ( c) : Notice to owner or occupant on occupied
premises.
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-day period.
Such order shall be mailed, by certified or registered
mail with a five-day return requested, to the last known registered
owner of the motor vehicle and all leinholders of record and to the
owner or the occupant of the premises whereupon such public nuisance
exists. If the notice is returned undelivered by the United States
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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-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 chief of
police or his duly authorized agent 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-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.
Section 2 .
That Section 13-15, Paragraph (d) of the Code of
Ordinances of the City of Beaumont shall be amended to read as
follows:
Section 13-15 (d) : Notice to owner on unoccupied premises.
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;
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( 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-day period.
The order shall be mailed to the last known registered
owner of the motor vehicle and all lienholders of record and to the
owner of the premises by certified or registered mail with a
five-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-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 ten-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.
Section 3 .
That Section 13-15, Paragraph ( e ) of the Code of
Ordinances of the City of Beaumont shall be amended to read as
follows:
Section 13-15 ( e ) :
Whenever any such public nuisance exists on public
property or on a public right-of-way within the city in violation of
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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 identi-
fication 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-day period.
Such order shall be mailed by certified or registered mail
with a five-day return requested to the last known registered owner
of the motor vehicle and all leinholders of record and 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 City Manager or his designee
within the ten-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-day period after service of notice to abate the
nuisance, request of the clerk of the municipal court, either in
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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.
Section 4 .
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 5 .
All ordinances or parts of ordinances in conflict herewith
are repealed to the extent of the conflict only.
Section 6 .
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 -5- i day of
Mayor -
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