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HomeMy WebLinkAboutOrdinance 2234 ORDINANCE NO. 2234 AN ORDINANCE OF THE CITY OF NORTH RICH LAND 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; 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 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): (1) that is inoperative; and (2) either (i) that does not have lawfully affixed to it either an unexpired license plate, or a valid motor vehicle safety inspection certificate, (ii) that is wrecked, dismantled or partially dismantled, or discarded, or (iii) that has remained inoperative for more than forty-five (45) consecutive days. (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 was manufactured in 1925 or before or 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 altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. (e) Collector-means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or 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. Section 2. Junked vehicle as a public nuisance. A junked vehicle that is located in 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 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. Section 3. Procedures for abating a nuisance. (a) Upon complaint or upon its own initiative, the Code Enforcement Officer may initiate appropriate official action to remove and abate a public nuisance in the nature of a junked vehicle. Upon initiation of the action, the owner or occupant of the private premises, or premises adjacent to the public right-of- way, whereupon the public nuisance exists, together with the last known registered owner of the junked motor vehicle and any lien holder of record, shall be notified by the Code Enforcement Officer of the City of North Richland Hills, by certified mail with a five-day return requested, that the nuisance exists, that it must be removed and abated within ten (10) days of the receipt of such notice or that a request for hearing must be made before expiration of the ten day period. 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. (b) Upon timely request by the owner or occupant of the public or private premises or the owner or occupant adjacent to the public right-of-way, a public hearing shall be held before the municipal court of the City of North Richland Hills for determination of the existence of a junked vehicle as a public nuisance and for the purpose of entering an order requiring the removal of the same if found to be so. The judge of the municipal court shall be the designated official to make such determination, and upon the finding that the vehicle is a junked vehicle and constitutes a public nuisance, he shall 2 have the authority to enter an order requiring the removal of the vehicle or a part thereof. Said order must include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site. (c) 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. (d) 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 or vehicle part which was removed. (e) The provisions of this article do not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part 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 an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in a manner so 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. (f) 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 article or hereafter have a valid contract for the removal of such vehicles. 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 or 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. 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 3 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 6. 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 7. Effective Date. This ordinance shall take effect immediately after its passage. DULY PASSED, AND APPROVED by the City Council of the City of North Richland Hills, Texas on this f.Jh day of Sep-f· , 1997 APPROVED: <=-- M ATTEST: (iltUu&Cc- ~ CITY SECRETARY APPRO AS TO. F. O...Z: o '\ ~/"~) TORNEY 4 Star-1elegram FED. I.D. NO. 22-3148254 AD ORDER NO. 11679438 400 W, SEVENTH STREET. FORT WORTH, TEXAS 76102 ACCOUNT NO. C I T 13 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: AMOUNT ORDINANCE NO. 22 1358 2x 38L 76 .36 27.36 R . ··trf 'tHE CITY COUN· ",- OF THE CITY OF NORTH I RICHlAND HillS, TEXAS THIS TH DAY OF SEPTEM- S BERl!§97, APPROVED: SWORN TO BEFO~I= 1\111= THIS THE '. IsIT. om my Brown, Mayor ~"",....~_.......,...........;.~....~Iot'oII.¡ ATTEST: . ,'" , t~IP~:¿~~~utson, I .Æ;~øy ·>'),tr)" RHONDA R. GOKE Arrn~~:~ TO FORM AND ~{ 'q COMMISSION EXPIRES Is ex McEntire ¡"'S A~rney for the City "I;; .,,+y SEPTEMBER 8 1999 ~ ~ I'#'........~~.. , ~ , ~~~~,~,~......~~......~"'......~ ~~~~~ 15th DAY OF SRPTRMBER , 1~7 Notary Public ~ Â....o- --Q.. .t.L TARRANT COUNTY, TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ~ TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-..."."