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HomeMy WebLinkAboutOrdinance 2562 ORDINANCE NO. 2562 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING DEFINITIONS; DECLARING A JUNKED VEHICLE A PUBLIC NUISANCE; PROVIDING FOR ABATEMENT PROCEDURES FOR JUNKED VEHICLES; ESTABLISHING ENFORCEMENT PROCEDURES; PROVIDING FOR DISPOSAL OF JUNKED VEHICLES; DELETING ORDINANCES NUMBER 2112, 2234 AND 2408; PROVIDING FOR THE AUTHORITY TO ENFORCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: JUNKED VEHICLES Section 1. Definitions. For the purpose of this article, the following words and phrases have the following meaning: A. Junked Vehicle - means a motor vehicle that is self-propelled and: (1) does not have lawfully attached to it: (A) an unexpired license plate; or (B) a valid motor vehicle safety inspection certificate; and (2) is: (A) wrecked, dismantled or partially dismantled, or discarded; or (B) inoperable and has remained inoperable for more than: (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property. B. Motor Vehicle - means a motor vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes). C. Antique Auto - means a passenger car or truck that is at least 35 years old. D. Special Interest Vehicle - means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. E. Motor Vehicle Collector - means a person who: (1) owns one or more antique or special interest vehicles, and Ordinance No. 2562 Page lof5 (2) acquires, collects, or disposes of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. Section 2. Junked vehicle as a public nuisance. A junked vehicle, including a part of 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, is detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City, and is a public nuisance. Any person, firm, or corporation maintaining a public nuisance as defined above shall be guilty of a misdemeanor and, upon conviction, subject to a fine. Each and every day the maintenance of such public nuisance shall continue shall be deemed to constitute a separate offense. Upon conviction in the municipal court of the City of North Richland Hills, Texas, the court shall have the authority to order removal and abatement of such nuisance. The relocation of a junked vehicle that is a public nuisance to another location within the City of North Richland Hills after the Code Enforcement Officer has initiated the proceedings to abate the public nuisance shall have no effect on the proceedings if the junked vehicle constitutes a public nuisance at the new location. Section 3. Procedures for abating a nuisance. A. The notice for the abatement and removal of a public nuisance under this ordinance must provide not less than ten (10) days' notice of the nature of the nuisance and must be sent by certified mail with a five (5) day return requested to: (1) the last known registered owner of the nuisance; (2) each lien holder of record of the nuisance; and (3) the owner or occupant of: (A) the property on which the nuisance is located; or (B) if the nuisance is located on public right-of-way, the property adjacent to the right-of-way. B. The notice must state that: (1) the nuisance must be abated and removed not later than the 10th day after the date on which the notice was mailed; and (2) any request for a hearing must be made before that ten-(10) day period expires. Ordinance No!. 2562 Page 2 of 5 C. If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance, or if the owner is located, hand delivered. D. If the notice is returned undeliverable, action to abate the nuisance shall be continued to a date not earlier than the 11 th day after the date of the retu rn. E. If a person for whom a notice is required under this ordinance requests a hearing, the hearing shall be held not earlier than the 11th day after the date of the notice. F. The city manager or his designee shall conduct hearings requested pursuant to paragraph E. G. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. Upon finding that the vehicle is a junked vehicle and constitutes a public nuisance, the city manager or his designee shall have the authority to enter an order requiring the removal of the junked vehicle or vehicle part. H. If the information is available at the location of the nuisance, an order requiring removal of the nuisance must include the vehicle's: (1) description; (2) vehicle identification number; and (3) license plate number. I. When the junked vehicle is declared a public nuisance by the municipal judge and is ordered to be removed, it shall not thereafter be reconstructed or made operable. J. Notice shall be given to the Texas State Department of Highways and Public Transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle part which was removed. K. The provisions of this ordinance do not apply to a vehicle or vehicle part: (1) that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or (2) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage are, if any, are: (A) maintained in an orderly manner, (B) not a health hazard; and (C) screened from ordinary public view by appropriate means including a fence, rapidly growing trees or shrubbery. L. The provisions of this article shall be carried out and enforced by regularly salaried, full-time employees of the City of North Richland Hills, except that the removal of vehicle or vehicle parts thereof from property may be done by any other duly authorized person, including persons with whom the city may at the time of passage of this ordinance or hereafter have a valid contract for the removal of such vehicles. Ordinance No!. 2562 Page 3 of5 Section 4. Authority to enforce. A person authorized by the city to administer the procedures of this article may enter private property for the purpose specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle for vehicle part, and remove or cause the removal of a vehicle that constitutes a nuisance as defined herein. The judge of the municipal court of the City of North Richland Hills may issue orders necessary to enforce the procedures of this article. Section 5. Repeal of certain ordinances. Ordinances numbered 2212, 2234 and 2408 are hereby repealed. Section 6. Penalty Clause Any person who violates any provision of this Ordinance shall upon conviction be subject to a fine of not more than two hundred dollars ($200) for each offense. Each day that such violation is permitted to continue shall constitute a separate offense. The term, person, as used in this section shall include the owner, occupant, mortgagee, or vender in possession, assignee or rents, receiver, executor, trustee, lessee, agent, or any other person, firm, or corporation directly or indirectly in control of a building or tract of land. Section 7. Severability Clause. That it is hereby declared to be the intention of the City Council that the section, 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Section 8. Effective Date. This ordinance shall take effect on September 1, 2001. DULY PASSED, AND APPROVED by the City Council of the City of North Richland Hills, Texas on this 13th day of August, 2001. Ordinance No!. 2562 Page 4 of5 APPROVED: rpÂ~ ~ MAYOR ATTEST: ØatlZtà~ ~ CITY SECRETARY APPROVED AS TO FORM: 6('-=:¿::~-~, Af{O~ . APPROVED AS TO CONTENT: ~'PJiÀ DEPARTMENT HEAD Ordinance No!. 2562 Page 5 of5