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HomeMy WebLinkAboutORD 2020-76 - Junked Motor VehiclesORDINANCE NO. ZaZD - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTER 8.28 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TITLED "JUNKED MOTOR VEHICLES," RELATING TO THE REGULATION OF JUNKED VEHICLES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; ESTABLISHING A PENALTY; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 1.02 of the Charter of the City of Georgetown (the "City") declares that the City has "all the powers granted to cities by the Constitution and laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers" and may "pass ordinances and enact such regulations as may be expedient for the maintenance of good government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants"; WHEREAS, the State of Texas has declared junked vehicles to be a public nuisance and granted municipalities the authority to adopt procedures for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or a part or a junked vehicle under Chapter 683 of the Transportation Code, provided that the procedures conform to Chapter 683; WHEREAS, although the City has declared junked motor vehicles to be a public nuisance since at least 1990, the current Chapter 8.28 of the Code of Ordinances was adopted in 1999 and last amended in 2006; WHEREAS, the abatement and removal procedures set forth in Chapter 683 of the Transportation Code were amended in 2007 and in 2011 and the City has determined that it is necessary to update Chapter 8.28 of the Code of Ordinances to conform to the current requirements of Chapter 683; and WHEREAS, the City has determined that updating Chapter 8.28 of the Code of Ordinances will also clarify and simplify the procedures for abating junked vehicles, thus providing for more expeditious and efficient removal of said nuisances while still preserving the due process rights of the owners of the vehicles. Ordinance Number: ' — Pagel of 2 Description: `v` d �. j ( VGWCJ es Date Approved: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Government Code Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Chapter 8.28 of the Code of Ordinances of the City of Georgetown is hereby amended as set forth in Exhibit "A" attached hereto. Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this ordinance are hereby repealed, and are no longer of any force and effect. Section 5. 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 6. 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 accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of_QGip-box . 2020. PASSED AND APPROVED on Second Reading on the day of , 2020. CITY OF GEORGETOWN, TEXAS Dale Ross, Mayor ATTEST: --Zi - I— - I" A Robyn Den ore. City Secretary APPROVED AS TO FORM: Skye sson, y Attorney Ordinance Number: Page 2 of 2 Description: 'rah Date Approved: Exhibit A CHAPTER 8.28. - JUNKED MOTOR VEHICLES Sec. 8.28.010. - Definitions. A. In this chapter "junked vehicle" means a vehicle that is self-propelled and: 1. Is wrecked, dismantled or partially dismantled, or discarded; or 2. 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. B. For purposes of this chapter, "junked vehicle" includes a motor vehicle, aircraft, or watercraft. This chapter applies only to: 1. A motor vehicle that: a. displays an expired license plate or does not display a license plate; or b. displays an expired registration sticker or does not display a registration sticker; 2. An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47, as amended; or 3. A watercraft that: a. does not have lawfully on board an unexpired certificate of number; and b. is not a watercraft described by Section 31.055, Parks and Wildlife Code, as amended. Sec. 8.28.020. - Junked Vehicle Statute adopted. Except as set forth herein, all definitions contained in Chapter 683, Subchapter E, entitled "Junked Vehicles; Public Nuisance; Abatement" of the Texas Transportation Code are expressly incorporated into this chapter and adopted, including all amendments thereto. Sec. 8.28.030. - Public nuisance declared. A junked vehicle, including a part of a junked vehicle, that is visible at any time of year 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; Exhibit A F. Produces urban blight adverse to the maintenance and continuing development of municipalities; and G. Is a public nuisance. Sec. 8.28.040. - Exceptions. 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. Sec. 8.28.050. - Notification. A. Whenever any such nuisance is within the city limits in violation of this chapter, the Chief Code Enforcement Officer or designee shall provide notice of the nature of the nuisance. Such notice shall: 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 tenth (1 Ot") day after the date on which the notice was mailed; 4. Specify that a request for a hearing must be made before the expiration of the ten- (10-) day period set forth in subsection (A)(3) of this section; and 5. Be personally delivered or mailed by certified mail with a five-day return requested, to: a. The last known registered owner of the nuisance; b. Each lien holder of record of the nuisance; and The owner or occupant of: The property on which the nuisance is located; or ii. 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. Exhibit A C. In the event any notice mailed is returned undelivered or undeliverable, action to abate the nuisance shall be continued to a date not earlier than the eleventh (1 lt") day after the date of the return of the notice. D. If no party listed under Subsection 8.28.050.A.5. properly and timely requests a hearing pursuant to Section 8.28.060, then such failure shall be deemed an admission by each party that the automobile or part thereof is a nuisance, and the Chief Code Enforcement Officer or designee shall have the authority to remove the vehicle and abate the nuisance in accordance with the Chapter and State law. Sec. 8.28.060. - Hearing Request. In the event that any party listed under Subsection 8.28.050.A.5. desires the hearing provided for in this chapter, the party shall, within ten (10) days of the date the notice provided pursuant to Section 8.28.050 is mailed or hand -delivered, present such a request in writing to the Judge of the Municipal Court, who shall set a date, time, and place for said hearing. Sec. 8.28.070. - Conduct of hearing. When a hearing before the Judge of the Municipal Court is requested pursuant to Section 8.28.060: A. Such hearing shall not be held earlier than the eleventh (1 It") day after the date of the service of the notice provided pursuant to Section 8.28.050. B. The Judge of the Municipal Court shall conduct the hearing 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 such party is in violation of this chapter, the Judge of the Municipal Court shall order such party to remove and abate such nuisance within ten (10) days. If the party fails and refuses to remove and abate such nuisance within the allotted time, the Chief Code Enforcement Officer or designee shall take possession of such nuisance and remove it from its location in accordance with this Chapter and State law. E. The relocation of a junked vehicle found to be a nuisance to another location in the City after a proceeding for the abatement and removal of the nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public 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: 1. for a motor vehicle, the vehicle's: a. description; b. vehicle identification number; and Exhibit A c. license plate number; 2. for an aircraft, the aircraft's: a. description; and b. federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; and 3. for a watercraft, the watercraft's: a. description; and b. identification number as set forth in the watercraft's certificate of number. Sec. 8.28.080. — Abatement of nuisance; Removal of junked motor vehicles. A. If no authorized party requests a hearing within ten (10) days of the notice provided pursuant to Section 8.28.050, or if the party who requested a hearing fails to remove or abate the nuisance within ten (10) days of the date of the Municipal Court Judge's order under section 8.28.070, the Chief Code Enforcement Officer or designee may remove or cause to be removed the junked vehicle which was the subject of such notice or order. B. If within ten (10) days of receipt of the notice provided pursuant to Section 8.28.050 the owner or occupant of the premises provides written permission to the Chief Code Enforcement Officer or designee to remove the junked vehicle from the premises, such permission shall be considered compliance with the provisions of this chapter, and the Chief Code Enforcement Officer or designee may remove or cause to be removed the junked vehicle which was the subject of such notice. C. In no event shall a junked vehicle be made operable or reconstructed after removal. D. The Chief Code Enforcement Officer or designee shall give notice to the Texas Department of Transportation of the removal not later than the fifth (5th) day after the date of removal; said notice shall identify the vehicle or part of the vehicle removed. E. The Chief Code Enforcement Officer or designee shall give notice to the Texas Parks and Wildlife Department of the removal of any watercraft pursuant to this Chapter not later than the fifth (5th) day after the date of removal; said notice shall identify the watercraft or part of the watercraft removed. Sec. 8.28.090. - Junked vehicle disposal. A. A junked vehicle, including a part of a junked vehicle, may be removed to a scrap yard, 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 Exhibit A 2. Transfer the junked vehicle or part to another disposal site if the disposal is scrap or salvage only. Sec. 8.28.100. - Authority to enforce provisions. A. The Chief Code Enforcement Officer or designee 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 Chief Code Enforcement Officer or designee 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. C. An appropriate court may issue orders necessary to enforce this ordinance, as well as, upon application therefor, warrants to authorized code enforcement officials who desire to enter upon private property to execute the authority herein granted. 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. Sec. 8.28.110. - Violation —Penalties. A. It is unlawful for a person to maintain a public nuisance described in Section 8.28.030. 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 and shall be ordered to abate or remove the nuisance within ten (10) days of said conviction. (See also Section 1.08.010 of this code.) 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 have committed an additional violation of this chapter and be subject to an additional penalty for each day thereafter. C. Each transaction in violation of any provisions of this chapter shall be deemed a separate offense. D. Each day a public nuisance is allowed to continue after it has been duly determined to be such shall constitute a separate violation.