HomeMy WebLinkAboutORD 10.09.1972 - Junked Motor Vehicles288
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
AN ORDINANCE
AN ORDINANCE DECLARING ABANDONED VEHICLES
AND OTHER PROPERTY A NUISANCE AND IMPOSING A
DUTY ON POLICE TO IMPOUND CREATING A LIEN ON
IMPOUNDED PROPERTY FOR CITY. PROVIDING FOR RX&
DEMPTION OF ABANDONED PROPERTY OTHER THAN
MOTOR VEHICLES PROVIDING FOR AUCTION SALE OF
ABANDONED PROPERTY AND FOR NOTICE OF SUCH SALE,
PROVIDING FOR NOTICE OF SALE AND PROCEDURE FOR
DISPOSING OF IMPOUNDED MOTOR VEHICLES, PROVIDING
FOR DISPOSITION OF PROCEEDS OF SALES AND THE KEEP•+
ING OF RECORDS ON SUCH PROPERTY,
Sec., I DECLARED A NUISANCTt DUTY OF POLICE TO IMPOUND.
Any vehicle or other property or obstruction* placed, left standing,
parked, erected or lying in violation of any ordinance of the city or left on.
attended for more than forty-sight hoatinuous hours in or on any public street.
allby, sidewalk, park or other public place of the city is dsclared.to be a
nuisance, and any such property when so found shall be removed summarily
by any police officer of the city and taken to the place to be pounded and shall
be kept there until redeemed or sold as provided is this article.
Sec. 2 CITY'S LIEN ON IMPOUNDED PROPERTY•
The City shall have a lion on such impounded personal property as
provided in the preceeding section for all costs incurred in impounding, storing
and advertising such property. Such lien shall be prior and superior to all
other liens of every kind, save and except liens for ad valorem taxes. and the
city may retain possession thereof until all costs are paid and may sell the
same as provided in this article. `
Sec. 8 REDEMPTION OF IMPOUNDED PROPERTY.
The owner or any person legally entitled to possession of any impounded
personal property as provided for in this article may redeem the same as followsl
(a) BEFORE SALE` By paying to the Chief of Police the impounding
fee and any other actual expenses incurred by the city in impounding and keep •
ing the impounded property, as determined by the chief of police
@$ AFTER SALE. By paying to the buyer at the auction sale double
the amount paid by him for such personal property and any reasonable expenses
incurred by him for keeping same= provided that the property must be redeemed
from the auction buyer within thirty days after the date of the auctions sales
occluding the date of sale, otherwise. title to the property shall become absolute
in the auction buyer.
Sec. 4, WHEN CHIEF OF POLICE TO AUCTION IMPOUNDED PROMERTY.
When any personal property, other than motor vehicles. is not redeemed
within sixty days after being impounded. and when any motor vehicle is not
redeemed after compliance by the chief of police with the provisions of section
,6 of this code, the Chief of Police shall sell the same at public auction to satisfy
the lien of the City.
Sec. 5 NOTICE OF SALE OF IMPOUNDED PROPERTY OTHER THAN
MOTOR VEHICLES.
Before selling any personal property as provided for in this article,
other than motor vehicles, the chief of police shall pot two notices thereof, one
at the county courthouse door and one at the lriath4 street entrance of the City
Hall, and shall cause a copy thereof to be published in daily newspaper published
in the city once a week for two consecutive weeks, the date of the first publica-
tion to be at least fourteen days prior to the date of the auction sale. The notice
of sale shall describe the impounded property. state that the sans is unredeemed.
state that the same will be sold at public auction4 designate the place of sale
and state a time and date of sale which shall not be less than fourteen days from
tih,& Ahab of noitinr ■nch notice& as herein required.
Sec. b. PROCEDURE FOR DISPOSING OF IMPOUNDED MOTOR
VEHICLES.
When any motor vehicle has not been redeemed within thirty days from
the date of its impounding, it shall be the duty of the chief of police to submit
to the state highway department and the similar agency of the proper state when
the vehicle is from another state, all information is his possession concerning
such vehicle and to request that such department supply to him all information
the records of that department contain on such vehicle. Immediately on receipt
of such information from such department the chief of police shall notify the
owner and lWaholders as shown by the records of such department by registered
email with return receipt requested that such vehicle has boon impounded and of
the provisions of this article in regard to the redemption and sale of impounded
property.
" i In the event a motor vehicle has act been redeemed w1tbia 119tees days
from the receipt of the return receipt or notice of nondelivery of such registered
mail, the chief of police shall prepare a notice of sale of such vehicle, in the
manner described in the prodeeding section, shall send a copy of such notice to
the owner and lienholders as shows by the records of the highway department by
registered mail and shall post and advertise such notices in the manner required
in the preceeding section. Notice by registered mail to the address shown an
the records of the highway department shall constitute notice of the pending sale
of such owner or lienholders.
When the Chief of Police is unatis to ascertain the names of the owner and
lionholders, and the motor vehicle has not been redeemed within forty-five days
from its impounding. no notice of sale other than posting and advertising as pro.,
scribed in this article shall be required.
Sec. T PROCEDURE FOR SELLING IMPOUNDED PROPTRTY.
Whoa any impounded propertys, including motor vehicles, is not redeemed
by the date and time designated in the notice apt sale. the chief of police shall
sell such property at public auction, ands, as city auctioneer, shall execute bill
of sale of such property to the purchaser therooti provided. that he shall not
execute or deliver any but a conditional bill of sale unless and until the title of
the buyer has become absolute by an expiration of thirty days in time, exclusive
of the day of sale. without being redeeemod by the owner of the impounded property.
Sec. d DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY.
After deducting the impounding foo and all other actual expenses in-
curred by the city in pounding, storing and selling of any property described in
this article. as determined by the chief of police, not to exceed a reasonable
amount for each impounded article, he shall pay the balance of the proceeds of
such sale, if any, to the owner of the property. It the owner fails to call for
such proceeds they shalt be paid into the city treasury. Within six months after
such auction sale, the owner may apply in writing to the chief of police, and upon
satisfactory proof of ownership, shall be entitled to receive the amount of the
proceeds delivered to the city tress ry.
See. 9 WHEN IMPOUNDED PROPERTY TO BE SOLD AS BUNK.
Impounded property which is offered for sale at public auction in accord-
ance with the procedure proscribed in this article and upon which no person bids,
shall thereafter be sold or otherwise disposed of as junk. Money received for
junk property shall be disposed of in the same manner as proceeds brow an
auction sale under this article.
Sec. 10. CHIEF OF POLICE'S RECORD BOOK OF IMPOUNDED PROPERTY.
The Chief of Police shall keep a record book which shall contains the date
notices of sale were posted and advertised and emailed to owners and lienholderss
A description of all property impounded; the date and time of such impoundingi
the return receipts of registered notices; the date of the sale at auction; the
amount realised for each article at such sale; the name and address of the owner
and lienhoiderso if known; the name and address of the auction buyer; and any
such other information as he deems necessary.
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