Loading...
HomeMy WebLinkAboutORD 70-16ORD INANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING THERETO SECTION 37-115.2 ENTITLED "JUNKID MOTOR VEHICLES"; PROVIDING DEFINITIONS; DECLARING THE PRESENCE OF ANY JUNKED MOTOR VEHICLE WITHIN THE CITY OF BEAUMONT SHALL BE DEEMED 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 UN- OCCUPIED PREMISS;. 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 FOR RULE OF EVIDENCE OF ABANDONMENT; 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: 'l. That Chapter 37 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding thereto Section 37-115.2, which:.shall 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 following terms, phrases, words and their derivations shall have the meaning given herein. When not incon- sistent 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 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) Abandoned (f) Discarded Exceptions: The provisions hereto shall not apply to: -71 A. Any motor vehicle in operable condition specifically adapted 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 stored as the property of a member of the Armed Forces of the United States who is on active duty assignment. (2) 'Person' - Any individual,` -firm, partner- ship, association, corporation, company or organization of any kind. "(b) Declared a Public Nuisance. The presence of any junked motor vehicle on any private lot, tract or parcel of land, or portion thereof, occupied or un- occupied, 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: (a) Any junked motor vehicle in an enclosed building; (b) 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 (c) Any junked motor vehicle in an appropriate storage place or de- pository maintained at a location officially designated and in a manner approved by the City of Beaumont. "(c) Notice to Owner or Occupant on Occupied Premises. Whenever any such public nuisance exists on occupied premises within the City in violation of Sub -section (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: (a) Be in writing; (b) Specify the public nuisance and its location; (c) Specify the corrective measures required; (d) Provide for compliance within ten (10) days from service thereof. -2- f p5 P 4``.� 17 Such order shall be served upon the owner of the premises or the occupant by serving him personally or by sending said order by certified mail, return receipt requested, to the address of the premises. If the owner or occupant of the premises 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 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 authoriz- ed 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 Corpora- tion 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 Sub -section (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.such public nuisance exists, to abate or remove the same. Such order -shall: (a) Be in writing; (b) Specify the public nuisance and its location; (c) Specify the corrective measures required; and (d) Provide for compliance within ten (10) days from service thereof. The order shall be served upon the owner of the premises by serving him personally or by sending said order by certified mail, return receipt requested, to his address as shown on the current tax rolls of the City of Beaumont, Texas. If the owner of the premises 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 service 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 (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 Sub -section (e) hereof. "(e) Preliminaries to Trial. Upon receiving a request for trial,. made pursuant to Sub -section (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 Corpora- tion Court shall notify the City Attorney of the date and -3- 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. "(f) Trial in Corporation Court. The Judge of the Corporation Court 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 Judge of said Court shall further order such defendant to remove and abate said nuisance within (10) ten 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 after receipt of 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 pro- visions 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 re- moved, 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)- Evidence of Abandonment. If a junked motor vehicle, as defined in this Section, has been -situated on the pri- vate property of another, without such person's permission, for a period of sixty (60) days or longer, this fact shall be prima facie evidence that the owner of said vehicle has abandoned the same. 2. If any section, sub -section, 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 invalid, such -4- �d f -hl�!`t' invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various provisions of this ordinance are declared to be severable. 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Any person who violates or fails to comply with any provision of this ordinance shall, upon convinction, be punished as provided for in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED by the City Council this 24th day of February, 1970. Mayor -