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HomeMy WebLinkAboutORD 71-52VLN/im/9/24/71 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 37, SECTION 37-115.2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY SUBSTITUTING THEREFOR A NEW SECTION 37-115.2 ENTITLED "JUNKED MOTOR NEHICLES11; PROVIDING DEFINITIONS; DECLARING THE PRESENCE OF ANY JUNKED MOTOR VEHICLE WITHIN THE CITY OF BEAUMONT A PUBLIC NUISANCE, WITH CERTAIN EXCEPTIONS; PROVIDING FOR NOTICE TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON OCCUPIED PREMISES; PROVIDING FOR NOTICE TO OWNER TO ABATE PUBLIC NUISANCE ON UNOCCUPIED PREMISES; PROVIDING FOR PRELIMINARIES TO TRIAL IN CORPORATION COURT; PROVIDING FOR REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT; PROVIDING FOR REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF CORPORATION COURT; PROVIDING THAT VEHICLES REMOVED SHALL NOT BE RECONSTRUCTED OR MADE OPERABLE; PROVIDING THAT NOTICES BE BY CERTIFIED MAIL; PROVIDING THAT OFFICIAL ACTION TO ABATE SAID NUISANCE SHALL BE CONTINUED TO A DATE NOT LESS THAN TEN (10) DAYS FROM THE DATE OF THE RETURN OF ANY UNDELIVERED CERTIFIED MAIL NOTICE; PROVIDING THAT ANY RESOLUTION OR ORDER REQUIRING THE REMOVAL OF A VEHICLE OR PART THEREOF SHALL INCLUDE A DESCRIPTION OF THE VEHICLE BY IDENTIFICATION NUMBER AND LICENSE NUMBER IF AVAILABLE AT THE SITE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF BEAUMONT, TEXAS. 1. That Chapter 37 of the Code of Ordinances of the City of Beaumont, Section 37-115.2 be amended to read as follows: Section 37-115.2. JUNKED MOTOR VEHICLES. This Section may be cited as "Junked Motor Vehicle Regulations." "a) Definition. For the purposes of this•Section, the 7ollowing terms, phrases, words and their derivations shall have the meaning given herein. 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' --Any motor vehicle, as defined in Section 37-2(14) of this Chapter 37, which does not have lawfully affixed thereto both an unexpired license 6-7/- S,?, /o-i12-7/.gZ/�79 plate or plates and.a valid motor vehicle safety inspection certificate, and the condition of which is one or more of the following: a) Wrecked b) Dismantled c) Partially dismantled d) Inoperative e) Discarded Exceptions: The provisions hereto shall not apply to: a) Any motor vehicle in operable condition specifically adopted or constructed for racing or operation on privately owned drag strips or raceways; b) Any motor vehicle retained by the owner for antique collection purposes rather than for salvage or for transportation; nor c) Any motor vehicle of a member of the United States who assignment. stored as the property Armed Forces of the is on active duty 2) 'Person' - Any individual, firm, partnership, association, corporation, company or organiza- tion of any kind. "b) Declared a Public Nuisance. The presence of any junRed motor ve is e on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the City of Beaumont, shall be deemed a public nuisance; and it shall be unlawful for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning, or discarding any motor vehicle on the real property of another or to suffer, permit or allow any junked motor vehicle to be parked, left or maintained on his own real property, provided that this Section 37-115.2 shall not apply with regard to: 1) Any junked motor vehicle in an enclosed building; 2) Any junked motor vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or 3) Any junked motor vehicle in an appropriate storage place or depository maintained at a location officially designated and in a manner approved by the City of Beaumont. -2- "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 Chief of Police or his duly authorized agent 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 C 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 re- quested, 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 Chief of Police or duly authorized agent within the ten (10) day period after service thereof, as provided herein, the Chief of Police or his duly authorized agent 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 (10) day period after service of notice to abate the nuisance, request of the Clerk of the Corporation Court of the City of Beaumont, 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 Judge of the Corporation Court 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. "d) Notice to Owner on Unoccupied Premises. Whenever any such public nuisance exists on unoccupied premises within the City in violation of sub- section (b) hereof and the owner thereof can be found, the Chief of Police or his duly authorized agent shall order the owner of the premises whereon -3- 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 day, re turn 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 premi.ses fails or refuses to comply with the order of,the Chief of Police or his duly authorized agent within the ten (10) day period after receipt -thereof, as provided herein, the Chief of Police, or his duly authorized agent, shall take possession of such 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 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 Corporation Court of the City of Beaumont, 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 Judge of the Corporation Court 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. "e) Preliminaries to Trial. Upon.receiving a request or trig , made pursuant to subsection (c) or (d) hereof, the Clerk of the Corporation Court shall set a date and a time for such trial on the Court Docket. The Clerk of the Corporation 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 Corporation Court not less than ten (10) days prior to the date of trial. -4- "f) Trial in -Corporation Court. The Judge of the Corporation Court shall ear.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 herein- after set forth. The Judge of said Court 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 Judge of the Corporation Court may issue an order directing the Chief of Police or his duly authorized agent to have the same removed, and the Chief of Police or his duly authorized agent 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. "g) Removal with Permission. If, within ten (10) days atter receipt o notice from the Chief of Police, or his duly authorized agent, to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the Chief of Police or his duly authorized agent 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. "h) Removal by Order of Corporation Court. 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 Judge of the Corporation Court, the Court may issue an order directing the Chief of Police to have the same removed, and the Chief of Police or his duly authorized agent 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. "i) Notice to Texas Highway Department. Within -five (5) days atter the date of removal of any vehicle under this ordinance, notice shall be given to the Texas Highway Department. Said notice must identify the vehicle or part.thereof removed. "j) No Reconstruction After Removal. After a vehicle as Been remove , it s a not e reconstructed or made operable." Q•'5 d 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 in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. 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. PASSED by the City Council this day of � 1971. W - Mayor -