HomeMy WebLinkAboutORD 99-49 - Junked VehiclesrI" er"
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WHEREAS, it is the desire of, the City Council of Georgetown, Texas to adopt certain
amendments to the current junk vehicle ordinance in order to facilitate proper inspections and
procedures for the removal and abatement of all types of vehicles outlined in Exhibit A; and
WHEREAS, the City Council has determined that adopting junk vehicle standards will
ensure that all types of vehicles will not be a nuisance and hazard to the citizens within the
corporate city limits of Georgetown; and
WHEREAS, the Building Standards Commission, appointed by the City Council, has
reviewed the effect of these regulations and recommends that the City Council adopt the
proposed junk and abandoned vehicle regulations; and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on
August 18, 1999 in compliance with the City Charter of the City of Georgetown;
nOW, THEREFORE, ORDAINED is
CITY OFGEORGETOWN,
Section 1. The facts and recitations contained in the preamble of this ordinance are thereby
declared to be true and correct, and are incorporated by reference herein and made a part hereof,
as if copied verbatim. The City Council hereby finds that this ordinance implements Urban
Design Policy 13.0 of the Century Plan -Policy Plan Element, which states: "Georgetown has a
positive, identifiable image and an attractive appearance ", and further finds that the enactment of
this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required
by: Section 2.03 of the Administrative Chapter of the Policy Plan.
Section 2. Chapter 8.28, entitled "Junked Motor Vehicles", of the Code of Ordinances of the
City of Georgetown, Texas is hereby amended as stated in Exhibit "A", attached hereto and
incorporated herein for all purposes.
Junked Vehicle Ord. # x47W
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Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with
this ordinance are hereby repealed, and no longer of any force and effect.
Section 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in ten (10) days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on first reading on the
PASSED AND APPROVED on second reading on the
ATTEST:
Sandra D. Lee, City Secretary
APPROVED AS TO FORM:
f
Marianne Landers Banks
City Attorney
Junked Vehicle Ord. #
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of , 1999.
_
of , 1999.
THE CITY OF GEORGETOWN:
By/ U4V, C 66�at) x 4,5a
!MaryEllen Kersch, Mayor
8.28.010 Definition
In this chapter:
EXHIBIT «A„
(a) "Fire Marshal" means the Fire Marshal or his designee.
(b) "Junked vehicle" means a vehicle that is self-propelled and:
(1) Does not have lawfully attached to it:
(A)An unexpired Iicense plate; or
(B) A valid motor vehicle inspection certificate;
(2) Is wrecked, dismantled or partially dismantled, or discarded; or
(3) Is inoperable and has remained inoperable for more than:
(A) 72 consecutive hours, if the vehicle is on public property; or
(B) 30 consecutive days, if the vehicle is on private property.
8.28.020 Junked Vehicle Statute Adopted.
All definitions contained in Chapter 683, Subchapter E., entitled "Junked Vehicles; Public
?'Nuisance; Abatement" of the Texas Transportation Code Ann. governing junked vehicles, are
expressly incorporated into this chapter and adopted and all amendments thereto.
8.28.030 Public Nuisance Declared.
A junked vehicle, including a part of a junked vehicle, that is visible from a public place or
public right-of-way:
(a) Is detrimental to the safety and welfare of the public;
(b) Tends to reduce the value of private property;
(c) Invites vandalism;
(d) Creates a fire hazard;
(e) Is an attractive nuisance creating a hazard to the health and safety of minors;
(f) Produces urban blight adverse to the maintenance and continuing development of
municipalities; and
(g) Is a public nuisance.
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The provisions in this chapter shall not apply to:
(a) Any vehicle or part thereof which is completely enclosed within a building in 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) Operable or inoperable, antique or special interest vehicles stored by a motor vehicle
collector on the collector's property; provided that the vehicles and outdoor storage areas are
maintained in such an orderly manner as 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.
8.28.050 Notification
(a) Whenever any such nuisance is within the City in violation of this chapter, the Fire Marshal
or his designee shall order the abatement or removal the nuisance. Such order shall:
(1) Be in writing;
(2) Specify the nature of the nuisance on private property, public property, or on the public
right-of-way, as the case may be, and its location;
(3) Specify that the nuisance must be abated and removed not later than the 10th day after the
date on which the notice was mailed;
(4) Specify that a request for a hearing must
period mentioned in subsection (3) above;
be made before the expiration of the 10 day
(5) Be mailed by certified mail with a five-day return requested, to:
(i) the last known registered owner of the nuisance;
(ii) each lienholder of record of the nuisance;
(iii) and the owner or occupant of:
(A) the property on which the nuisance is located; or
(B) the property adjacent to the right-of-way, if the nuisance is located on a public
right-of-way.
(b) 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.
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(c) If notice is returned undelivered, action to abate the nuisance shall be continued to a date not
earlier than the 111h day after the date of the return. After the expiration of said ten-day
period, the Fire Marshal or his designee shall:
(1) obtain a date, time and place of the hearing before the Building Standards Commission;
or
(2) issue a citation and file a complaint in Municipal Court.
(d) If an addressee of the notice set out in subsection (a)(5) does not properly request a hearing,
then such failure shall be deemed an admission that the automobile or part thereof is a
nuisance. Further such upon such failure to request a hearing, the Fire Marshal shall
(1) obtain a date, time and place of the hearing before the Building Standards Commission;
or
(2) issue a citation and file a complaint in Municipal Court.
8.28.060 Preliminaries to Hearing
In the event that any party listed under §8.28.050(a)(5) desires the hearing provided for in this
chapter, the party shall present such a request in writing to the Fire Marshal. The Fire Marshal
shall obtain a date, time and place of the hearing before the Building Standards Commission.
When a hearing is before the Building Standards Commission:
(a) The Fire Marshal shall notify the applicable party of the date, time, and place of the hearing.
Such hearing shall not be held earlier than the 11`h day after the date of the service of the
notice.
(b) The Building Standards Commission shall hear any case brought before it and shall
determine whether the party is in violation of this chapter.
(c) At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner,
to be inoperable.
(d) Upon finding that said party is in violation of this chapter, the Building Standards
Commission shall order such party to remove and abate said nuisance within ten days. If the
party fails and refuses to remove and abate said nuisance within the allotted time, the
Commission may order the Fire Marshal to have the same removed from its location. If so
ordered, the Fire Marshal shall take possession of said nuisance and remove it from its
location.
(e) The relocation of a junked vehicle found to be a nuisance to another location in the City after
the hearing before the Building Standards Commission has commenced has no effect on the
proceeding if the junked vehicle constitutes a public nuisance at the new location.
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(f) If the information is available at the location of the nuisance, the order requiring removal of
the nuisance must include the vehicle's:
(1) Description;
(2) Vehicle identification number; and
(3) License plate number.
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Whenever a junked vehicle is found to exist within the City in violation of this chapter, the City
may, pursue the filing of an immediate complaint against the owner of the vehicle or the person
responsible for such violation. Upon receiving a complaint for a junked vehicle, the Clerk of the
Municipal Court shall set a date and time for such a hearing on the court docket. The Clerk of
the Municipal Court shall notify the City Attorney or her designee of the date and time of such
hearing. Such complaint shall be on file with the Clerk of the Municipal Court not less than five
days prior to the date of the trial.
(a) The Judge of the Municipal Court shall hear any case brought before the Court, as set out in
this chapter, and shall determine whether the defendant has violated this chapter.
(b) At the hearing before the Judge of the Municipal Court, the junked vehicle is presumed,
unless otherwise demonstrated by the owner, to be inoperable.
(c) Upon finding that the defendant is in violation of this chapter, said defendant shall be deemed
guilty of a misdemeanor punishable by a fine not to exceed $200.00.
(d) The Judge of the Municipal Court shall further order defendant to abate and remove the
nuisance within ten days.
(e) If the defendant fails to remove and abate said nuisance within the allotted time, the Judge of
the Municipal Court may order the Fire Marshal to have the same removed from its location.
If so ordered, the Fire Marshal shall take possession of said nuisance and remove it from its
location. If, after the expiration of the allotted time to remove the nuisance, the party has not
caused or allowed the nuisance to be removed from the premises, the defendant shall be in
violation of this chapter and be subject to an additional penalty for each day thereafter.
(e) The relocation of a junked vehicle found to be a nuisance to another location in the City after
the hearing before the Judge of the Municipal Court has commenced has no effect on the
proceeding if the junked vehicle constitutes a nuisance at the new location.
(f) If the information is available at the location of the nuisance, the order requiring removal of
the nuisance must include the vehicle's:
(1) Description;
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(2) Vehicle identification number; and
(3) License plate number.
(a) If within ten days of receipt of notice from the Fire Marshal or any duly authorized person, to
abate or remove a nuisance, the owner or occupant of the premises gives his written
permission to the Fire Marshal for removal of the junked vehicle from the premises, the
giving of such permission shall be considered compliance with the provisions of this chapter,
(b) In no event shall a junked vehicle be made operable or reconstructed after removal,
(c) The Fire Marshal shall give notice to the Texas Department of Transportation of the removed
vehicle not later than the fifth day after the date of removal.
8.28.120 Junked Vehicle Disposal.
(a) A junked vehicle, including a part of a junked vehicle, may be removed to a scrapyard, a
motor vehicle demolisher, or a suitable site operated by the City.
(b) The City may operate a disposal site if the City Council determines that commercial
disposition of junked vehicles is not available or is inadequate. The City may:
(1) Make final disposition of a junked vehicle or vehicle part; or
(2) Transfer the junked vehicle or part to another disposal site if the disposal is scrap or
salvage only.
8.28.130 Removal from unoccupied premises by order of Building Standards Commission.
If there is a junked vehicle on premises that are unoccupied and none of the parties listed in
58.28.050(a)(5) can be notified to remove and abate the nuisance, then, upon a showing of such
facts to the Building Standards Commission, the Commission may issue an order directing the
Fire Marshal to have the vehicle removed, and the Fire Marshal shall take possession of the
junked vehicle and remove it from the premises under the procedure provided for by this chapter.
8.28.140 Authority to enforce provisions.
(a) The Fire Marshal has full responsibility for administration of this chapter by regularly
salaried, full-time employees of the City, except that any authorized person may remove the
nuisance.
(b) The Fire Marshal or any of his duly authorized employees or agents is authorized to enter
private property to examine a nuisance, to obtain information to identify the nuisance, and to
remove or direct the removal of the nuisance.
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(c) The Judge of the Municipal Court and the Building Standards Commission in following the
procedures provided in this chapter have the authority to issue all orders necessary to enforce
such procedures.
(d) Nothing in this chapter shall be construed to affect ordinances or statutes that permit the
immediate removal of a motor vehicle left on public property which constitutes an
obstruction to traffic.
5.28.150 Violation -Penalties
(a) It shall be unlawful for a person to maintain a public nuisance described in §8.2$.030.
(b) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor
and upon conviction shall be subject to fine not to exceed $200.00.
(b) Each transaction in violation of any provisions of this chapter shall be deemed a separate
offense.
(c) Each day a public nuisance is allowed to continue after it has been duly determined to be
such shall constitute a separate violation.
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