ORDINANCE #
G-8-04
JUNK VEHICLES
AN ORDINANCE DEFINING CERTAIN TERMS; DECLARING THE
MAINTENANCE OF A NUISANCE TO BE UNLAWFUL; PROVIDING FOR NOTICE TO OWNERS AND
OCCUPANTS TO ABATE PUBLIC NUISANCE; PROVIDING FOR HEARING IN MUNICIPAL COURT;
PROVIDING FOR REMOVAL OF NUISANCE; PROVIDING FOR REMOVAL BY ORDER OF THE
MUNICIPAL COURT; DESCRIBING APPLICATION FOR LICENSE TO MAINTAIN JUNK; PROVIDING
REQUIREMENTS OF LICENSE; PROVIDING FOR THE REVOCATION OF LICENSE; PROVIDING A
PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ADMINISTRATION OF ORDINANCE;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS:
SECTION 1. DEFINITIONS
. For the purpose of this article, the following terms, phrases, words and
their derivation 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 VEHICLES: A motor vehicle as defined in Section 1, Chapter 42,
General Laws, Acts Of the 41st Legislature, 2nd Called Session, 1929 (Article
6701d-11 Vernon's Texas Civil Statutes):
Does not have lawfully attached to it:
An unexpired license plate:
A valid motor vehicle inspection certificate; or
Is wrecked, dismantled or partially
dismantled, or discarded; or
Is inoperable and has remained
inoperable for more than:
48 hours if the vehicle is on public property;
30 consecutive days if on private property. or
(A) 72 hours if the vehicle is on public property
30 consecutive days if on private property
Director means the person in charge of the department designated by the city
manager to administer this ordinance or the directors authorized
representative.
(2) JUNKED BOATS AND/OR TRAILERS: Any boat or trailer which does not have
lawfully affixed thereto both an unexpired license plate or plates and a valid
registration certificate, or 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 (a) any boat or trailer
in the process of being constructed or repaired; (b) any boat or trailer stored
as the property of a member of the Armed Forces of the United States who is on
active duty assignment.
(3) MUNICIPAL COURT: The Municipal Court in and for the City of Port Lavaca,
Texas.
(4) PERSON: Any individual, firm, partnership, association, corporation,
company or organization of any kind.
(5) VEHICLE: Every mechanical device, in, upon or by which any person or
property is or may be transported or drawn upon a public highway, including
motor vehicles, commercial motor vehicles, truck-tractors, and semi-trailers,
severally, as hereinafter defined, but excepting devices moved by human power
or used exclusively upon stationary rails or tracks.
(6) MOTOR VEHICLES: Every vehicle, as herein defined, which is
self-propelled.
(7) ABANDONED MOTOR VEHICLE: A motor vehicle that is inoperable and more
than five years old and left unattended on public property for more than 48
hours, or a motor vehicle that has remained illegally on public property for a
period of more than 48 hours, or a motor vehicle that has remained on private
property without the consent of the owner or person in control of the
property for more than 48 hours, or a motor vehicle left unattended on the
right-of-way of a designated county, state or federal highway within this state
for more than 48 hours or for more than 12 hours on a turnpike project
constructed and maintained by the Texas Turnpike Authority.
(8) NUISANCE: Junked vehicles, junked boats and/or junked trailers which are
located in any place where they are visible from a public place or public
right-of-way are detrimental to the safety and welfare of the general public,
tending to reduce the value of private property, to invite vandalism, to create
fire hazards, to constitute attractive nuisance creating a hazard to the health
and safety of minors, and are detrimental to the economic welfare of the State,
by producing urban blight which is adverse to the maintenance and continuing
development of the municipalities in the State of Texas, and such items are
declared to be a public nuisance.
SECTION 2. UNLAWFUL TO MAINTAIN A NUISANCE.
It shall be unlawful for any person to cause or maintain a public nuisance
as defined herein on the real property of another or to suffer, permit or allow
any nuisance as defined herein to be left or maintained on his own real
property, provided that this section shall not apply with regard to: (a) any
junked vehicle in an enclosed building; (b) any junked vehicle or a part
thereof, parked or stored in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or licensed junkyard; (c) any
junked vehicle in an appropriate storage place or depository maintained at a
location officially designed and in the manner approved by the City of Port
Lavaca; (d) any accumulation of junk by a duly licensed junk dealer.
Section 3. Declared public nuisance
Junked vehicles which are located on any private lot, tract or parcel of
land or portion thereof, occupied or unoccupied improved or unimproved visible
from any public place or right-of-way or other public property within the city,
are detrimental to the safety and welfare of the general public, tending to
reduce the value of private property, to invite vandalism, to create a fire
hazard, to constitute an attractive nuisance creating a hazard to health and
safety of minors, and are detrimental to the economic welfare of the state and
by producing urban blight which is adverse to the maintenance and continuing
development of the municipalities of the State of Texas and therefore such
vehicles are declared a public nuisance.
Section 4. Notice
The owner of any private property or public property and the owner or
occupant of the premises adjacent to any public right-of-way in the city, upon
which there is located a junked vehicle, any lien holder of record, and any
other person to be notified under state law, shall be given written notice by
certified or registered mail with a five return requested, stating the nature
of the nuisance and its location, and ordering that such junked vehicle be
removed and the nuisance abated with in ten (10) days. The notice shall further
state that if a hearing provided for hereinafter is desired, a request for such
hearing must be made within said ten (10) day period. If the post office
address of the last known owner registered owner of the motor vehicle is
unknown notice may be placed on the motor vehicle, or, if the last known
registered owner is physically located the notice may be hand delivered. If the
owner or occupant of the premises fails or refuses to comply with the order of
the director within the ten (10) day period after service thereof, the judge
may issue an order authorizing the director to take possession of the junked
vehicle and remove it. If the notice is returned undelivered by the United
States Post Office, official action to abate the nuisance shall be continued to
a date not less that than ten (10) days after the date of return.
Section 5. Removal from public property, occupied or unoccupied
Premises, by court order
If there is a junked vehicle on public property, on private premises that
are occupied or unoccupied, or on the public right-of-way adjacent to the
occupied or unoccupied premises and the owner or occupant of the premises
cannot be found and notified to remove the vehicle, then upon showing of the
facts to the judge of the municipal court, the court may issue an order to the
director to have the vehicle removed, and the director shall take possession of
the junked motor vehicle and remove it. If the notice in section 3 is returned
undelivered by the United States Post Office, then after ten (10) days from the
date of return and after notice is published, the court may issue an order to
the director to have the vehicle removed and the director shall take possession
of the vehicle and have it removed. The director shall thereafter dispose of
the junked vehicle in a manner provided by state law.
Section 6. Hearing
The owner or occupant of the premises, or the owner or occupant of the
premises adjacent to the public right-of-way on which the vehicle is located,
may within the ten (10) day period, after service of notice to abate the
nuisance, request to the clerk of the municipal court of the city, in person or
in writing, and without the requirement of bond that a date and time be set
when he or she can appear before the judge of the municipal court for a public
hearing to determine whether he or she is in violation of this chapter. The
public hearing shall not constitute a criminal action against the person, but
shall merely be a finding of fact to determine the legal status of the vehicle
in question. At the hearing it is presumed that the vehicle is inoperable
unless demonstrated otherwise by the owner.
If a hearing is requested within ten (10) days after notice to abate the
nuisance, then the director shall not order the removal of the vehicle until
ordered to do so by the judge of the municipal court. If at the hearing the
judge of the municipal court finds that the vehicle in question is a junked
vehicle, he shall order that the vehicle be rehabilitated or removed within ten
(10) days from the date of the hearing and shall sign an order allowing the
director to remove the vehicle after tenth day. If the judge of the municipal
court finds that the vehicle is not in violation of the junked vehicle
ordinance, no further action against the vehicle until such time as the status
of the vehicle has changed.
A resolution or order requiring the removal of a vehicle or vehicle part
must include a description of the of the vehicle and the correct identification
number and license number of the vehicle if the information is available at the
site.
If the owner or occupant of the premises fails to either remove and abate
the nuisance or request a hearing within ten (10) days after service of the
notice to abate the nuisance then the director may upon showing proof to the
judge of the municipal court and obtaining an order thereof, cause the removal
of the junked vehicle. The director may at any time cause to be filed a
complaint in the municipal court for the violation of maintaining a public
nuisance.
Section 7. Findings of judge; penalty
The judge of the municipal court shall hear any case brought before the
court, as set out herein, and shall determine whether the defendant is, in fact,
in violation of this chapter. Upon a finding the defendant is in violation of
this chapter, such defendant shall be deemed guilty of a misdemeanor and
subject of a fine not to exceed five hundred dollars ($500.00). The judge of
the municipal court shall further order the defendant to remove and abate such
nuisance within ten (10) days; the same being a reasonable time. If the
defendant shall fail and refuse, within ten (10) days to abate or remove the
nuisance, the judge of the municipal court may issue an order to the director
to have the same removed and the director shall take possession of such motor
vehicle and have it removed from the premises. Each day that such a nuisance
shall continue after time of abatement as herein set out shall constitute a
separate offense. The director shall thereafter dispose of such motor vehicle
as the city may provide, consistent with state law, and such vehicle shall not
be reconstructed or made operable.
Section 8. Removal with permission of the owner.
If, within ten (10) days after receipt of notice from the director to abate
the public nuisance, as herein provided, the owner or occupant of the premises
shall give written permission to the director for removal of the junked motor
vehicle, the director is authorized to accept such permission and with draw and
mot pursue a criminal complaint based on such motor vehicle.
Section 9. Junked vehicles no to be reconstructed or made operable again
after removal.
After any junked vehicle is removed under the authority of this chapter, it
shall not be reconstructed or made operable again.
Section 10. Notice of removal given to Texas Highway Department
With in five (5) days after the date of the removal of any junked vehicle
under the authority of this chapter, notice shall be given to the Texas Highway
Department, identifying the vehicle or part thereof.
Section 11. Application of this chapter.
This chapter shall not apply to:
A vehicle or part thereof which is completely in
closed within a building in a lawful manner, where it is not visible from a
street or other public or private property.
A vehicle or part thereof which is stored or
parked in a lawful manner on private property in connection with the business
of a licensed vehicle dealer or junkyard; or
· A vehicle
or part thereof which is stored or parked in a lawful manner on private
property in connection with the business of a licensed vehicle dealer or
junkyard; or
An unlicensed, operable or inoperable antique
vehicle or special interest vehicle stored by a collector on his property,
provided that such vehicle 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 views by means of a fence made of a material that can not
ordinarily be seen through, rapidly growing trees, shrubbery or other
appropriate means.
The provisions of this chapter shall not apply to:
Any motor vehicle in operable condition
specifically adapted or constructed for racing or operation on privately owned
drag strips or raceways;
Any vehicle stored as the property of a member of
the armed forces of the United States who is on active duty assignment.
1. Any motor vehicle in operable condition specifically adapted or constructed
for racing or
operation
on privately owned drag strips or raceways;
2. Any vehicle stored as the property of a member of the armed forces of the
United States who is on active duty assignment
For the purpose of this section:
"Antique vehicle" means a passenger car or truck
manufactured in 1945 or
before, or which has become thirty-five or more years old.
"Special interest" means a motor vehicle of any age which
has not been altered or modified from original manufactures specifications and
because of its historic interest, is being preserved by hobbyists.
"Collector" means the owner of more than one 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 historic interest.
Section 12. Obstructions to traffic.
Nothing in this ordinance shall affect ordinances that permits the immediate
removal of a vehicle that is on public property, which constitutes a danger or
obstruction to traffic.
Section 13. Authority to enforce.
The director or his agent may enter upon private property for the purposes
specified in this ordinance to examine vehicles or parts thereof, obtain
information as to the identity vehicles and to remove or cause to be removed a
vehicle or parts thereof declared to be a nuisance pursuant to this ordinance.
The municipal court shall have the authority to issue all orders necessary to
enforce this chapter.
SECTION 14. DESCRIBING APPLICATION FOR LICENSE TO MAINTAIN JUNK.
Any person, partnership or corporation desiring to use or maintain any
property for the accumulation of junk, junked vehicles or parts thereof, junked
boat and/or trailer, within the City of Port Lavaca, Texas, shall make written
application to the City Inspections Department for a license which said
application shall set forth the name and address of the applicant and a legal
description of the property or premises upon which said business is to be
conducted, and the City Building Official, or his duly authorized
representative, shall have the power either to grant or reject such
application. No license shall be granted to any applicant unless such applicant
is in full compliance with the Highway Beautification Act.
There is hereby established a fee of $1,500.00 (Fifteen Hundred dollars) per
annum to obtain a license to operate such business, and any license so issued
shall expire on January 1 next succeeding the date of its issuance, but may be
renewed from year to year in like manner as is provided for the original
license.
SECTION 15.. PROVIDING REQUIREMENTS OF LICENSE.
Any Person, Partnership, or corporation granted a license as
Providedprovided for in Section 8 hereof, shall keep the premises used in the
operation and maintenance of said business in a neat and orderly condition. The
property and premises on which such business is conducted shall be enclosed in
a tight board fence at least ten feet high, and said fence shall be kept in a
neatly painted condition and no junk of any character, or parts, or machinery
of any kind shall be allowed to remain outside such fence.
SECTION 16. PROVIDING FOR THE REVOCATION OF LICENSE.
The City Council of the City of Port Lavaca shall have the power to revoke
the license provided for herein at any time for good cause, but only after
notice has been given to the owner or owners of the business of a hearing to be
held not less than ten (10) days after service of such notice.
SECTION 17. ADMINISTRATION OF ORDINANCE.
The administration of this ordinance shall be by regularly salaried, full
time employees of the City of Port Lavaca, Texas, except that removal of
vehicles or other property may be by other duly authorized persons.
SECTION 18. SEVERABILITY.
It is specifically declared to be the intention of the City Council that
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional or invalid by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any
unconstitutional or invalid phrases, clauses, sentences, paragraphs or
sections.
SECTION 19. ORDINANCES IN CONFLICT REPEALED.
All ordinances of the City of Port Lavaca, Texas, in conflict herewith are
hereby expressly repealed.
SECTION 20. EFFECTIVE DATE.
The effective date of this ordinance is December 01, 2004.
FIRST READING this the 25th day of October, 2004.
_________________________
Mayor
SECOND READING this the 8th day of November, 2004.
PASSED AND APPROVED this the 8th day of November, 2004.
_________________________
Mayor
ATTEST:
________________________
City Secretary
APPROVED AS TO FORM:
________________________
City Attorney