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HomeMy WebLinkAbout0053_1972 (2)288 ORDINANCE NO. 71-06 AN ORDINANCE AMENDING SECTION 310.8 OF THE SOUTHERN STANDARD HOUSING CODE BY ADDING THERETO SECTION 310.8A ENTITLED "JUNKED MOTOR VEHICLES" AND CONTAINING SUB- SECTION (a) THROUGH (m); ADO ING PART OF THE TEXAS ABANDONED MOTOR VEHICLE ACT: DECLARING THE PRESENCE OF ANY JUNKED MOTOR VEHICLE WITHIN THE CITY OF GEORGETOWN TO BE A PUBLIC NUISANCE, WITH CERTAIN EXCEPTIONS: PRO- VIDING FOR NOTIFICATION TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON OCCUPIED PREMISES: PROVIDING FOR PRELIMINARIES TO HEARING IN MUNICIPAL COURT: PROVIDING FOR HEARING IN MUNICIPAL COURT: PROVIDING FOR REMOVAL OF JUNKED MOTOR VEHICLES: PROVIDING FOR REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF MUNICIPAL COURT: PRO- VIDING FOR AUTHORITY TO ENFORCE: PROVIDING FOR A PENALTY: PROVIDING FOR NOTICE TO OWNER TO ABATE PUBLIC NUISANCE ON UNOCCUPIED PREMISES: PROVIDING FOR A SAVINGS CLAUSE: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: (a) Title (1) That Section 310.8 of the Southern Standard Housing Code is hereby amended by adding thereto Section 310.8A including Subsections (a) through (m), which &hall be known as the "Junked Motor Vehicle Ordinance: and shall herein- after read as follows: (b) Texas Abandoned Motor Vehicle Act Adopted (1) All provisions of the Texas Abandoned Motor Vehicle Act of 1971, governing junked vehicles are hereby expressly incorporated into this ordinance and adopted. (2) All references to the "Texas Abandoned Motor Vehicle Act".shall mean The Texas Abandoned Motor Vehicle Act of 1971 as codified in Vernon's Ann. P. C. Art. 1436-3 and any changes thereto. (c) Junked Vehicles Declared a Public Nuisance (1) Junked Vehicles as defined and referred to in the Texas Abandoned Motor Vehicles Act are hereby declared to be a Public Nuisance. (d) Exceptions (1) The provisions of this Ordinance shall not apply to: (A) Any Vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property; (B) Any 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 a junk yard; (C) Any motor vehicle retained by the owner for antique collection purposes and which is not a "junked vehicle" within the meaning of the Texas Abandoned Motor Vehicle Act; (D) Any motor vehicle stored as the property of a member of the Armed Forces -of the United States who is on active duty assignment. (e) Notification (1) Whenever any such public nuisance is within the City in violation of this Ordinance, the Building Official or any duly authorized person shall order the owner or the occupant of the premises 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 request compliance within ten (10) days from service thereof, E state that any request for a hearing must be granted before the expiration of said 10 day period; (F) be mailed by certified or registered mail with a five (b) day return requested; 289 (2) If the above notice is returned undelivered by the U. S. 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. After the expiration of said ten (10) day period the Municipal Judge shall have the power to order the remove 4 of the vehicle. a- (f) Preliminaries to Bearing idedfoi (1) In the event that an interested person desires the hearing provided in this Ordinance, he shall present such request to or in writing, asaid Clei shall set a date and a time when said interested person may appear before a Paragraph (g) Judge of the Municipal Court for a hearing in accordance with below to determine whether or not he is in violation'of this Ordinance. (g) Hearing (1) Upon receiving a request for hearing the Clerk of the Municipal Court The Clerk of the shall set a date and time for such hearing on the Court Docket. the date and time of such hearing. Municipal Court shall notify the City Attorney of cause to be prepared, filed, and served on the Defendant, The City Attorney shall a written complaint charging that the owner or occupant of the premises, as the case may be, has violated this Ordinance. After service, such complaint shall than ten (10) days be on file with the Clerk of the Municipal Court not less prior to the date of hearing. (2) The Judge of the Municipal Court shall hear any case brought before said Court, as set out herein, and shall determine whether or not the Defendant the above letter is, in fact, in violation of this Ordinance. If the addressee of trial in Municipal Court, then said omission shall be U does not properly request deemed an admission that the automobile or part thereof, is question, is a Public Nuisance. Upon finding that said Defendant is in violation of this Ordinance, 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 abate said nuisance within Court shall further order said Defendant to remove and (10) days. If the Defendant shall fail and refuse within said ten (10) days ten to abate or remove the nuisance the Judge of the Municipal Court may enter an the Building order directing the Building Official to have the same removed, and take possession of said junked Official or any duly authorized person shall motor vehicle and remove it from the premises. The Building Official or any duly authorized person shall thereafter dispose of said junked motor vehicle in ten (10) day accordance with this Ordinance. If, after the expiration of such the said vehicle to be removed period, the Defendant has not caused or allowed from the premises, he shall be in violation of this Ordinance and be subject to a different penalty for each day thereafter. (h) Removal of Junked Motor Vehicle (1) If within ten (10) days of receipt of notice from the Building Official or any duly authorized person, to abate or remove a nuisance, the owner or occup- the Building Official ant of the premises shall give his written permission to for of the junked motor vehicle from the or any duly authorized person removal shall be considered compliance with the premises, the giving of such permission provisions of this Ordinance. In no event will a junked motor vehicle be reconstructed or made operable4 �2 3 The Building Official or any duly authorized person shall give notice to the exas Highway Department within five (b) days after the date of removal and ide tify the vehicle or part thereof. (47 Junked motor vehicles or parts thereof may be disposed of by removal to a scrap yard, demolishers, or any suitable site operated by the City for pro - teasing as scrap or salvage, which process shall be consistent with the Texas Abandoned Motor Vehicle Act. (i) Authority to Enforce (1) The Building Official of the City of Georgetown shall have full respon- sibility for administration of this Ordinance by its regularly salaried, full thereof time employees, except that the removal of junked motor vehicles or parts from (r)perty may be by any other duly authorized person. 2) The Building Official or any duly authorized person may enter upon pri- vate property for the purposes specified in this Ordinance to examine motor veh• to the identity'of motor *chicles, isles or parts thereof, obtain information as the removal of a motor vehicle or parts thereof declared to and remove or cause be a nuisance pursuant to this Ordinance. a- 200 (3) The Municipal Court shall have authority to issue all orders necessary to enforce this Ordinance. (4) Nothing in this Ordinance shall be construed to affect statutes that permit immediate removal of a motor vehicle left on public property which con- stitutes an obstruction to traffic. (j) Penalty (1) Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than Two Hundred and No/100 Dollars ($200.00). (A) Each transaction in violation of any of the provisions hereof shall be deemed aa offense. (B) Each day a public nuisance is allowed to continue after it has been duly determined to be such, shall constitute a separate violation. (k) Removal from Unoccupied Premises by Order of Municipal Court. k1) If there is a junked motor vehicle 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 Municipal Court, the Court may issue an order directing the Building Official or any duly authorized person to have the same removed, and the Building Official or any duly authorized person shall take possession of said junked motor vehicle and remove it from the premises in the procedure provided for by this Ordinance. (1) Savings Clause (1) It is hereby declared to be the intention of the City Council of the City of Georgetown that the sub -sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any of them shall be declared unconstitutional or invalid by the valid judgment or decree of any Court of common jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sub -sections, paragraphs, sentences, clauses or phrases of this Ordinance since the same would have been enacted by the City Council of the City of Georgetown without the incorporation of this Ordinance of any unconstitutional or invalid subsections, paragraphs, sentences, clauses or phrases. (m) The fact that recent legislation has changed the procedure for enforce- ment of junked motor vehicle ordinances creates a public emergency requiring that this Ordinance be passed finally on the date of its introduction; accordingly this Ordinance shall be passed finally upon the date of its introduction on this the 11th day of September, A. D. 1972, and shall take effect immediately upon its passage and approval by the Mayor, and upon compliance with the Charter of the City of Georgetown, Article 2, Section 11 as amended. PASSED AND APPROVED ON FIRST READING ON SEPTEMBER 11, 1972, AND PASSED AND APPROVED ON SECOND READING ON THE 9th DAY OF OCTOBER, 1972. ATTEST: CLAUD BADS, CITY SECRETARY APPROVED AS TO FORM: JOE B. MCMASTER, CITY ATTORNEY APPROVED: 3