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HomeMy WebLinkAboutORD 84-143 i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-15 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING JUNKED MOTOR VEHICLES; 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 of the City of Beaumont be, and the same is hereby , amended to read as follows: Sec. 13-15. Junked motor vehicles. (A) 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. ( 1 ) Junked motor vehicle means any motor vehicle as defined in Section 1 of Article 6701d-11, Vernon' s Texas Civil Statutes, as amended, that: ( a) Is inoperative, does not have lawfully affixed to it both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate, and that is wrecked, dismantled, partially dismantled, or discarded; or (b) Remains inoperable for a continuous period of more than one hundred twenty ( 120) days. ( 2 ) Antique auto means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five ( 35) years old. ( 3 ) Special interest vehicle means a motor vehicle of any age which has not been altered or modified from original manufacturer' s specifications and, because of its historic interest, is being preserved by a hobby i s t. ( 4 ) Collector means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or © -0 3 f0-Q?3-env° antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. (B) A junked vehicle that is located in a place where it is visible from a public place or public right-of-way , is detrimental to the safety and welfare of the general public, tends to reduce the value of private property , invites vandalism, creates fire hazards , constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance. 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; or, ( 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. ( C) For abatement and removal of a public nuisance from private property, public property or public right-of-way within the city , the city manager or his designee shall send notice to the owner of the junked motor vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right-of- way on which the nuisance exists. The notice shall state the following: ( 1 ) The nature of public nuisance; ( 2 ) That it must be removed and abated within ten ( 10) days; ( 3 ) That if a hearing is desired, before the removal of that vehicle or vehicle part, a request for such hearing shall be made before expiration of the ten-day period; and 2 - I I (4 ) That the owner shall request, either in person or in writing, the clerk of the municipal court to set a date and time of hearing. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private property, public property, or public right-of-way on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten ( 10) days after the date of the return. ( D) If a hearing is requested within ten ( 10) days after service of notice, a public hearing must be held before the vehicle or vehicle part is removed. The hearing shall be held before the municipal magistrate as provided herein. ( E) The municipal magistrate shall conduct hearings brought before said court, as set out herein, and shall determine whether the defendant is 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 in Beaumont Code of Ordinances, Section 1-8. 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 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. (F) 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 of the junked motor vehicle or 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. (G) If a hearing is not requested within the ten-day period provided by subsection ( c) and the nuisance is not removed and abated by the persons notified, the city shall file a complaint concerning the public nuisance in municipal court. (H) If there is a junked motor vehicle, as herein defined, on premises that are occupied, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove 3 - 0��` I i 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 order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and correct identification number and license number if the information is available at the site. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. ( I) Within f ive ( 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 vehicle part thereof removed. (J) After a vehicle has been removed, it shall not be reconstructed or made operable. ( K) This section 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. Section 2. 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 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . That 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. 4 - i PASSED BY THE CITY COUNCIL of the City of Beaumont this the c?3� day of 1984. Mayor - 5 - P7 /4 Z