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0505 ORDINANCE NO. 6: 3/ AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS REGULATING ABANDONED AND JUNKED VEHICLES; PROVIDING FOR NOTICE AND HEARING PROCEDURES; PROVIDING FOR DEFINITIONS• PROVIDING FOR REMOVAL AND ABATEMENT OF ABANDONED , JUNKED VEHICLES; PROVIDING FOR ENFORCEMENT P'OCEEDINGS; DECLARING THAT ABANDONED AND JUNKED VEHICLES ARE PUBLIC NUISANCES; PROVIDING THAT THIS ORDINANCE SHALL BE ' CUMULATIVE OF ALL ORDINANCES; PROVIDING A = -VERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATI•NS HEREOF; z PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PU:LICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFF:CTIVE DATE. WHEREAS, the City of Southlake, Texas is home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of S uthlake, Texas has determined that abandoned and junked vehicles fo nd within the city limits of the City of Southlake are detrimental to the safety and welfare of the general public, tend to reduce te value of private property, invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, are detrimental to the economic welfare of the City by producing urban blight, adverse to the mainten nce and continuing development of the City, and are a public nui ance; and WHEREAS, the City Council has determin d that regulations should be adopted governing the removal and ab tement of abandoned and junked vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CIT't COUNCIL OF THE CITY I OF SOUTHLAKE, TEXAS: 1 \slake\ord.22 -1- i SECTION 1 DEFINITIONS For the purposes of this ordinance, the following definitions shall apply: ABANDONED VEHICLE - A motorcycle, motor boat, trailer or any motor vehicle subject to the registration requirements of the Certification of Title Act, Article 6687-1, Vernon's Texas Civil Statutes, that is inoperable and more than eight (8) years old, and left unattended on public property for more than forty-eight (48) hours; or any such vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours; or any such vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty- eight (48) hours; or any such vehicle left unattended on a right-of-way of a designated county, state or federal highway within this state for more than forty-eight (48) hours. ANTIQUE AUTO - A passenger car or truck that was manufactured in 1925 or before, or a passenger car or truck that is at least thirty-five (35) years old. COLLECTOR 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 his own use in order to preserve, restore or maintain an antique or special interest vehicle for historic interests. JUNKED VEHICLE - A motor vehicle as defined by Article 6701d- 11, Vernon's Texas Civil Statutes, that: 1. is inoperative; and 2. (a) does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate; or (b) is wrecked, fully dismantled or discarded; or (c) that remains inoperable for a continuous period of one hundred twenty (120) days. SPECIAL INTEREST VEHICLE - A motor vehicle of any age which has not been altered or modified from original manufacturer's specifications and because of its historic interest is being preserved by a hobbyist or collector. \sLake\ord.22 -2- ARTICLE I. JUNKED VEHICLES SECTION 2 PUBLIC NUIS~tNCE 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, 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 hereby declared to be a public nuisance. A person commits an offense if he maintains a public nuisance as determined under this Article. SECTION 3 ABATEMENT OF PUBLIC NUISANCE The City may abate any Junked Vehicle which has been deemed to be a public nuisance in accordance with the provisions of this ordinance. A person authorized by the City to administer the procedures set forth in this Article may enter private property for the purposes specified in the procedures contained herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The municipal court judge may issue any orders necessary to enforce the procedures set for in this ordinance. SECTION 4 ADMINISTRATION The procedures set forth in this Article shall be administered by regularly salaried full time employees of the City of Southlake who may be designated by the City Manager, except that the removal of a vehicle from property may be performed by any duly authorized person. SECTION 5 NOTICE Prior to any official acts being taken to Junked Vehicle constituting a public nuisance, (10) days written notice shall be provided, to the following parties: and abate and remove a not less than ten given, except as hereafter The last known registered owner of a Junked Vehicle; 2. Any lienholder of record; and 3. The owner or occupant of the private premise or public premise upon which the Junked Vehicle is located, or the owner or occupant of the premise adjacent to the public right-of-way on which the Junked Vehicle is located. Such notice shall be mailed by certified mail with a five day return requested and shall state the following: 1. That the vehicle has been declared a public nuisance and describing the nature of the public nuisance; 2. The ordinance number under which the vehicle constitutes a public nuisance; 3. ten (10) That the vehicle must be removed and abated within days; and \slake\ord.22 -4- if If is Office, official action to abate to a date not less than ten (10) the notice. returned undelivered by the United the nuisance shall days after the date of return of 4. That the addressee is entitled to a public hearing requested prior to the expiration of the ten (10) day period, and that the public hearing, if requested, must be held prior to the removal of the vehicle or vehicle part by the City. any notice States Post be continued SECTION 6 PUBLIC HEARING A request for a public hearing shall be in writing and shall be addressed to the municipal judge of the City of Southlake. A public hearing, when requested, shall be held before the judge of the municipal court. At the public hearing, the municipal judge shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time. Following the public hearing, the municipal judge shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the municipal judge finds that a public nuisance does exist and there is sufficient cause to abate the nuisance, and if the notice requirements provided in this Article have been met, the municipal judge shall make a written order setting forth his findings and ordering that the nuisance be abated. The order shall include a \slake\ord.22 -5- description of the vehicle and a correct identification number if such information is available at the site of the vehicle, and shall state that the vehicle shall be disposed of in accordance with the Texas Litter Abatement Act Statutes). (Article 4477-9a, Texas Revised Civil SECTION 7 DISPOSITION OF JUNKED VEHICLE Any Junked Vehicle taken into the custody of the City of Southlake pursuant to this Article shall be disposed of in accordance with the applicable provisions of the Texas Litter Abatement Act. After any Junked Vehicle has been removed under the authority of this ordinance, it shall not be reconstructed or made operable again. No later than the fifth (5th) day after the date of removal of the Junked Vehicle pursuant to this ordinance, notice must be given to the State Department of Highways and Public Transportation identifying the vehicle or vehicle part. SECTION 8 EXEMPTIONS FROM THIS ARTICLE The provisions of this Article shall not apply to a vehicle 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 that is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or junkyard, or an unlicensed operable or inoperable Antique or Special Interest Vehicle stored by a Collector on a 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. SECTION 9 CRIMINAL PROSECUTION Whenever a Junked Vehicle is found to exist within the City in violation of this ordinance the City may, without notice, pursue the filing of an immediate criminal complaint against the owner of the vehicle or persons responsible for such violations in accordance with the terms of this ordinance. Should an owner or occupant of private property or public property or a premise adjacent to the public right-of-way be notified to remove a Junked Vehicle from such property and should such owner or occupant fail to either remove such vehicle or request a hearing within the required ten (10) day period, the City may, in addition to the abatement procedures provided herein, pursue the filing of a criminal complaint against such owner or occupant in the City's municipal court for violation of this ordinance and the Texas Litter Abatement Act. SECTION 10 ORDER OF ABATEMENT UPON CONVICTION Whenever a person is convicted of maintaining a Junked Vehicle constituting a public nuisance in violation of this ordinance, the court shall in connection with its guilty findings enter an order directing the guilty party to abate the public nuisance which was the subject of the criminal complaint. Such order shall require the abatement of the public nuisance within a specified period of time, not to exceed twenty (20) days, and shall further provide \slake\ord.22 -7- that if abatement is not accomplished within such time period, the City of Southlake shall be authorized and directed to abate the nuisance and assess the reasonable costs of abatement against the guilty party, and the order so entered shall take effect immediately upon the conviction becoming final. It shall to stand an property, for such vehicle southlake, state law. ARTICLE II. ABANDONED MOTOR VEHICLES SECTION 11 be unlawful for any person to stand, park or allow automobile, truck or any vehicle on any public a period in excess of forty-eight (48) hours when is parked illegally within the city limits of in contravention of this ordinance or any other city or SECTION 12 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLE The police department may take into custody an abandoned vehicle found on public or private property if such vehicle is not removed within forty-eight (48) hours of notice. A notice to abate will be placed on the front windshield and/or any other prominent place on the vehicle. The notice will contain the following information: (a) A statement requesting removal of the vehicle within forty-eight (48) hours of issuance of the notice; (b) The date and time the notice was placed on the vehicle; (c) A reference to the ordinance or other law which requires the removal of the vehicle. 2. The police department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities to remove, preserve and store an abandoned vehicle. 3. An abandoned vehicle shall be impounded and disposed of in accordance with the Abatement Act. applicable provisions of the Texas Litter SECTION 13 NOTICE When the police department takes into custody an abandoned vehicle, the department shall mail a notice to the last known registered owner and any lienholders of record as required under Section 5.03 of the Texas Litter Abatement Act. The notice shall include a statement that the vehicle will be disposed of if the owner or lienholder does not exercise the right to reclaim the vehicle within twenty (20) days of the date of the notice. Such notice shall also state that the procedures for reclaiming the vehicle shall include an administrative hearing on the validity of the impoundment. The owner may reclaim his vehicle within twenty (20) days after notice herein by bringing the title of the vehicle towing and storage fees that and paying the police department all are due. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine the reasonable certainty of the identity and addresses of all lienholders, notice by one \slake\ord.22 -9- publication in a newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this Article. The notice by publication may contain multiple listings of abandoned vehicles. Publication shall occur within the same time prescribed for mailed, written notice and shall contain the same contents as required in Section 13 above. SECTION 14 ADMINISTRATIVE HEARING requests for a hearing as provided in this Article shall in writing and delivered to the police department. A if requested, shall be held within seventy-two (72) hours Ail be made hearing, of the time of such request, exclusive of Saturdays, Sundays and city holidays, unless a later date, not less than five (5) days after the request, is requested by the person entitled to the notice. The hearing shall be presided over by a hearing officer designated by the Chief of Police. If such hearing officer rules that the impoundment was improper, the vehicle shall be released and no charges for the impoundment, preservation or storage of the vehicle shall be assessed. If the hearing officer rules that the impoundment was proper, he shall order that the vehicle not be released until payment of reasonable impoundment, preservation and storage charges. SECTION 15 APPEAL If the person requesting the hearing is not satisfied with the ruling of the hearing officer on the issue of the validity of the impoundment, that person shall have the right to appeal according to this section. An appeal from the decision of the hearing \sLake\ord.22 ~ 10- officer shall be requested within forty-eight (48) hours from the time of the ruling of the hearing officer. The municipal judge shall preside at the appeal hearing, which shall be held within forty-eight (48) hours of receipt of notice of appeal unless a later time is requested by the person entitled to notice. If the municipal judge orders that the impoundment was improper, the vehicle shall be released immediately with no charges for impoundment, preservation or storage. If the municipal judge orders the impoundment was proper, the vehicle shall be released only upon payment of reasonable charges for the impoundment, preservation and storage of the vehicle as determined by the municipal judge and those fees assessed by the judge to cover the hearing. SECTION 16 PREHEARING RELEASE If the person requesting the hearing requests that the vehicle be released prior to the time of the hearing, upon the posting of a cash bond in the full amount of all impoundment, preservation and storage fees, the vehicle shall be released pending the outcome of the hearing. that SECTION 17 STORAGE FEES The police department or an agent of the police department takes custody of the abandoned vehicle is entitled to reasonable storage for: 1. k period of on the not more than ten (10) days beginning day that the department takes custody of the vehicle and continuing through the day that the department mails notice as provided in this Article; and 2. A period beginning on the day after the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. SECTION 18 SALE kND DISPOSITION OF ~B~/~DONED VEHICLES If an abandoned vehicle has not be reclaimed as provided by Section 13 above, the police department may use the abandoned vehicle for police department purposes as long as the department considers it cost effective. In addition, the police department may sell the vehicle at public auction. Proper notice of the public auction shall be given and the disposition of the proceeds shall be handled in accordance with Section 5.04 of the Texas Litter Abatement Act. ARTICLE III. MISCELLANEOUS SECTION 19 Nothing contained in this ordinance shall affect the right of the City to immediately remove as an obstruction to traffic a junked or abandoned vehicle left on public property. SECTION 20 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. \s Lake\ord.22 -12- SECTION 21 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section unconstitutional by the competent jurisdiction, of this ordinance shall be declared valid judgment or decree of any court of such unconstitutionality 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 such unconstitutional section. phrase, clause, sentence, paragraph or SECTION 22 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) and not more than more than Two Hundred Dollars ($200.00). Each day that a violation is permitted to exist shall constitute a separate offense. In addition to other remedies provided in this ordinance, the City may bring a suit in civil court for injunctive relief against any person, firm or corporation who violates or threatens to violate any provisions of this ordinance in order to prevent a continued violation or a threatened violation. SECTION 23 Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting abandoned or junked vehicles which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 24 The City Secretary of the city of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 25 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED \slake\ord.22 AND APPROVED ON · 1990 . · ~L- ,, ..... ~,, ... ~ ...-'% :~. "~:=- % ........... · ....- FIRST READING ON THIS -14- DAY OF ATTEST: , ~I~Y SECRETARY PASSED AND APPROVED ON SECOND READING ON TH S /5-- DAY OF A/1/1-4/ , 1990. ♦� MAYOR O •—"*- 9 • y,^ • x ATT ; • rt� : • rr rr', • ••....••••••• .�`�� CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: MAI ! 90/ ADOPTED: 171,1 ) / '�i � 7 20 EFFECTIVE: LG't-L/'� , 1 -l c1 0 U \slake\ord.22 -15- Fort Worth Star.Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared D2NA L, rn4 Billing Specialist for the Fort Worth 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 : DATE DESCRIPTION AD SIZE TOTAL INCH NE RATE AMOUNT MAY 20 6519883 CL . 358 1X72 L 72 . 60 43 . 20 may 20 ORDINANCE NO.505 AN ORDINANCE OF THE CITY OF SOUTH- LAKE TEXAS REGU- LATING ABANDONED f-�—A'ND JUNKED VEHI- I cLES;PROVIDING FOR NOTICE AND HEARING PROCEDURES; PRO- VIDING FOR DEFINI- TIONS• PROVIDING FOR REMOVAL AND ABATEMENT OF ABAN- DONED AND JUNKED VEHICLES;PROVIDING FOR ENFORCEMENT PROCEEDINGS; DE- CLARING THAT ABAN- DONED AND JUNKED VEHICLESARE PUBLIC NUISANCES,. PROVID- D ING THAT HIS ORDI- ��jj c'UBSCRIBED AND SWORN TO NA AT LO -II THE A9. ,AI/ DAv OF /// 1 ORDINANCES•PROVID- ING A SEVERABILITY NOTARY PUBLIC _.__..._ CLAUSE,. PROVIDING FOR A ENALTY FOR ( G L C 7 VIOLATIONS HEREOF PROVIDING A SAV NGS TARRANT COUNTY, TEXAS CLAUSE• PROVIDING FOR PUBLICATION SUE A. RUSSELL THE OFFICIAL NEWS- ND PRVID- NGEANPAPR; AE FECTIVE MMISSIONEXPIRES 01 AFFIDAVI-S DATE. CTOBER 21, 1993 SECTION 22 Anv person firm or corpora- tion who violates,dl sobeys,om- Its,neglects or refuses to com- C ply with or who resists the w Itjt) enforcementof any of theprovl- sions of this ordinance shall be fined not less than Fifty Dollars A.---TEAR ALONG THIS PI(S50tl�edn not Doo af'or than 0w RN THE LOWER PORTION WITH YOUR PAYMENTH Each day that a violation i s per- mittedtoexistshallconstitutea separate offense. Ini addition nthisor other remedies REMIT TO : 400 W • SEVENTH, FW , TX 76102 provided in this ordinance,the City may bring a suit in civil court for inlunctive relief - ------- -- --- againstanvcerson,firmorcor- it �L�t Fort ar- enst000lateanyordert pre- r ' f. YX1X X<X4 �C�cON IXO XXXM76197 ens to violate any provisions of This ordinance In order to pre- vent a continued violation or a 6519883 threatened violation. NUMBER C I T 5 7 AMOUNT 43 . 20 PASSEDANDAPPROVEDIN SECOND READING THIS THE 15thDAYOFMAY,1990 Gary Flckes Mayor of Southiake ATTEST: Sandra L.LeGrand ,City Secretary Approved as to form: E.Allen Taylor City Attorney CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY 43 . 20 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS inty of Tarrant Before me , a Notary ublic in____and for said County and State , this day personally appeared iAREvq /ity'Lp/Q_ Billing Specialist for the Fort Worth 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 : DATE DESCRIPTION AD SIZE INCH/LINETOTALRATE AMOUNT MAY 04 6511650 CL . 358 1X81 L 81 . 38 30 . 78 may 4 NOTICE OF PUBLIC HEARING NOTICE Isherebygiventoall Interested persons that the City Council of the City of Southlake, '""" Texas,will be holding a public hearing during the Regular Ci- ty Council meeting to be held on _..._ _._ _,__ .._.._,_. . ....___.__ May 15,1990,at 7:30 p.m.In the City Council Chambers of City Ha I I,667 North Carroll Avenue, Southiake,Texas. _. .......__ _..-,.:.....__._r...__.__ ..- Purpose of the Hearing Is to ........ _..._.. consider the following ordi- nance in public hearing: ORDINANCE NO.505 AN ORDINANCE OF THE CITY OF SOUTH- S I G N Et LAKE TEXASABANDONED LAKE, ABANN DONED "BSCRIBED AND SWORN TO BEFORE ME , THIS THE J AND JUNKED VEHI- NOTI EANDHNG ING i NOTARY PUB PROCEDURES;APRO- VIDING FOR DEFINI- TIONS; PROVIDING FOR REMOVAL AND ABATEMENT OF ABAN- j C O L N T Y, TEXAS DONED AND JUNKED ��....,.oh VEHICLES;PROVIDING mob:` ...PA FOR ENFORCEMENT s SUE A. RUSSEL{ PROCEEDINGS; DE- CLARING THAT ABAN- A V I T S ;. `'7=„F DONED AND JUNKED �ha �t±l OCTOBER 27, 199 NUISALESARERUBLIC OVID- NUISANCES• PROVID- ING THAT THIS ORD- NANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES'PROVID- ING A SEV G �„ CLAUSE PROVIDING q'-, 1l.' FOR A PENALTY FOR IOLTEAR ALONG THIS PERFORATION AND RETURN THE LOWER POF PROVID PROVIDING A.-- GS /TENT �► CLAUSE• PROVIDING - FOR PUBLICATION IN THE OFFICIAL NEWS- PAPER] REMIT TO NG AN EFFECTIVE 'DATE. FECTIVEDATE. H, FW, TX 76102 rt rt SECTION 42 0 o tar- e e ram Any person,firm or to corpora ty Vy uywowYX,v a/76197I P Ema tlonwhovlolates,dlsobeys,om-V6fV��Y'1�N4I� 1`Y'YAAia Its,neglects or refuses to com- ply with or who resists the 6 5116 5 0 ACCOUNT enforcement of roan e shall vl- slops of this ordinance shall be AMOUNT 30 . 78 NUMBER finednot less than Fifty Dollars DUE ($50.001 and not more than Two 1 Hundred Dollars (S200.00). 11 PAGE IF Each day that a violation is per- mitfedtoexist shall constitute a separate offense. In addition to other remedies provided in this ordinance,the City may bring a suit in civil court for Injunctive relief against any person,f i rm or cor- poration who violates or threat- ens to violate any provisions of this ordinance in order to Pre- vent a continued violation or a threatened violation. City of Southlake CITY OF SOUTHLAKE ORIGIN Acir°sec:ea rand 667 N CARROLL PLEASE PAY 30. 78 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED