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Home My WebLink AboutOrd 1986-110 Junk Vehicles.pdfCITY OF ANNA, TEXAS / `/ e - G' NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, DECLARING THAT JUNKED VEHICLES ARE DEEMED PUBLIC NUISANCES AND PROVIDING THEIR ABATEMENT) REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND ESTABLISHING A PENALTY FOR VIOLATIONS NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, LS THAT: SECTION I A�l JUNKED VEHICLE DEFINED IIJunked vehicle means any motor vehicle as defined in Section 1 of Article 670ld-11, Vernon's Texas Civil Statutes, as amended, which: (1) is inoperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked; dismantled; par- tially dismantled; or discarded; or (2) remains inoperable for a continuous period of more than one hundred -twenty (120) days. IN The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the City of Anna shall be deemed a public nuisance and it shall be unlawful for any person or per- sons to cause or maintian such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discharging his or their vehicle or vehicles on the 0 • C. 0 • property of another or to suffer, permit, or allow the same to be placed, maintained, or exist upon his or their own real property; provided that this section shall not apply to (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (2) 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 a junkyard; or (3) unli- censed, operable or inoperable antique or special interest vehicles stored on private property provided, however, that the vehicles and outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, trees, shrubbery, or other appropriate means. NOTICE TO ABATE OR REMOVE JUNKED VEHICLES Whenever such public nuisance as described in subsection B hereabove exists within the city, the code enforcement officer or any police officer or other designated offi- cial enforcing this ordinance shall either serve written notice personally or by registered mail with a return receipt requested the following notice as appropriate: (1) Nuisances on Private Property To the owners or the occupant of the private premi- ses where upon such public nuisance exists stating thenature of the public nuisance on the private pr perty and that it must be removed and abated wi hin ten (10) days and further that a request for a hearing must be made before the expiration of as d ten (10) day period. (2) Nu sances on Public Properr-Y of To the owners of the alleged public nuisance where up:)n it exists on public property or on a public right-of-way stating the nature of the public nuisance and that it must be removed and abated within the ten (10) days and further that a request for a hearing must be made before the expiration of said ten (10) day period. If the notice is returned undelivered by the U. S. Postal Service, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. i D. 'PUBLIC HEARINGS Whenever a hearing is requested by the owner, occupant, or their designated representative to whom notice to abate a public nuisance has been served, said hearing shall be held before the governing body of the city within thirty (30) days after service of the notice to abate the nuisance. Any resolution or order requiring the removal of the junked vehicle or part thereof shall include a description of the vehicle, and the vehicle identification number and license number of the vehicle, if available. E. FAILURE TO REMOVE JUNKED VEHICLES; DISPOSTION If such junked vehicle is not removed and the public nuisance is not abated by said owner or occupant after notice is given in accordance with this ordinance, the code enforcement officer or any police officer, or any person delegated by them, may enter the property and take possession of the junked vehicle or part thereof an remove it from the premises after a showing of the facts to the municipal court judge and such an order is issued by the court to have the same removed. After any vehicle has been removed it shall not be reconstructed or made operable. Junked vehicles, and/or parts thereof, may be disposed of by removal to a scrapyard, demolishers, or any suitable site operated by the city for processing as scrap or salvage. F NOTICE TO TEXAS HIGHWAY DEPARTMENT UPON REMOVAL Notice shall be given to the Texas Highway Department that a junked vehicle has been impounded within five (5) days after the removal of the junked vehicle, or part thereof, and identifying the junked vehicle, or part thereof. G AUTHORITY TO ENFORCE THESE PROVISIONS Any person given the authority in this ordinance to administer the provisions of this ordinance may enter upon private property for the purpose of examining vehicles or parts thereof, obtain information as to the identity of vehicles and/or parts, and to remove or 3 �J I] 51 I Cause the removal of 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 the provisions of this ordinance. CITY NOT TO BE HELD LIABLE Neither the city nor any authorized agent acting under the terms of this ordinance shall be liable or have any liability by reason of orders issued or the removal of the junked vehicles, or parts thereof, in compliance with the terms of this ordinance. EXCEPTIONS TO PROVISIONS Nothing in this ordinance shall effect any ordinance or law that permits immediate removal of a vehicle left on public property which constitutes an obstruction to traffic. SECTION II A 1 Ordinances or parts of Ordinances in conflict herewith a e, to the extent of such conflict, hereby repealed, except a provided for in Subsection I of Section I. SECTION III I is hereby declared to be the intention of the City C uncil that the sections, paragraphs, sentences, clauses, a id phrases of this Ordinance are severable and, if any p irase, clause, sentence, paragraph, or section of this O dinance shall be declared unconstitutional by the valid j idgment or decree of any court of competent jurisdiction, s ch unconstitutionality shall not affect any of the r maining phrases, clauses, sentences, paragraphs, and sec - ns of this Ordinance, since the same would have been acted by the City Council without the incorporation in is Ordinance of any such unconstitutional phrase, clause, ntence, paragraph, or section. 4 U 0 SECTION IV When any person ordered to remove and abate a public nuisance as provided for in this ordinance and fails to comply with such order, the code enforcement officer or any po ice officer, or any designated official enforcing these pr visions, shall file a complaint in the municipal court of th City of Anna against such person for the violation of mantaining a public nuisance and if such person is found gulty of maintaining a public nuisance as described herein, th person shall be punished by a fine not to exceed two hudyed dollars ($200.00) and the court shall order removal an abatement of the nuisance. Each day that such nuisance sh11 continue after due notice and procedure as provided fol herein continues shall constitute a separate offense. SECTION V T48 Ordinance will take effect immediately from and after i passage and publication as the law in such cases provi- PAl6SED AND APPROVED this 1,f day of / b rr�sJi� d )' 6, by the City Council of the City of Anna, Texas. APPROVED: wc-