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HomeMy WebLinkAbout452 08-14-1973ORDINANCE NO. 452 AN ORDINANCE AMENDING ORDINANCE NO. 258 REGULATING INOPERATIVE AND JUNK VEHICLES; DECLARING SAME TO BE A PUBLIC NUISANCE; DEFINING CERTAIN TERMS; DE- CLARING A PENALTY; AUTHORIZING PUBLICATION OF THE CAPTION OF THIS ORDINANCE AND THE PENALTY CLAUSE THEREOF; DECLARING AN EMERGENCY; PROVIDING A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Euless, Texas: DEFINITIONS For the purpose of this Ordinance, the term "junked vehicle" shall mean any motor vehicle as defined in Section I of Article 827a, Vernon's Texas Penal Code, as amended, which 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, partially dismantled or discarded. The term "junked vehicle" shall not include any 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 or 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. DECLARING JUNKED VEHICLES TO BE A NUISANCE Junked vehicles found to be in violation of this Ordinance are declared to be a nuisance. PROHIBITING JUNKED VEHICLES It shall hereafter be unlawful for any person, firm or corporation to place, leave, park or abandon a junked vehicle within the corporate limits of the City of Euless, Texas. IV. PENALTY CLAUSE Any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeaner and upon conviction thereof shall be fined in an amount of not less than $25.00 nor more than $200.00 for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. V NOTICE Upon notification of the existance of a junked vehicle the Director of Public Safety of the City of Euless, Texas, or any officer of the police depart- ment of the City of Euless, Texas, shall forward by certified or registered mail with a five day return requested, written notice to the owner of such junked vehicle or the occupant of the premises whereupon such junked vehicle exists advising such owner or occupant of the existance of such junked vehicle and that such vehicle must be removed and such nuisance abated within ten days and advising that a request for hearing with respect to such nuisance, if the existance of same shall be contested by such owner or occupant must be made to the Director of Public Safety of the City of Euless on or before the expiration of such ten day period. In the event such owner or occupant shall request a hearing as herein provided within the period herein provided for the Director of Public Safety shall set a time and place for such hearing within the corporate limits of the City of Euless, Texas, and shall so notify such owner or occupant of the date and time set for such hearing. Upon such hearing the Director of Public Safety of the City of Euless shall make determination as to whether or not such vehicle is a junked vehicle within the purview of this Ordinance. In the event the Director of Public Safety shall determine upon such hearing that such vehicle is a junked vehicle within the purview of this Ordinance the owner or occupant requesting such hearing shall be so advised. VI. REMOVAL OF JUNKED VEHICLES In the event, following hearing and determination that a vehicle is a junked vehicle within the purview of this Ordinance as hereinbefore provided and such junked vehicle shall not thereafter be removed from its location in compliance with this Ordinance within 24 hours following notice of determination of such vehicle as a junked vehicle by the Director of Public Safety as herein provided, or in the event the notice to the owner or occupant herein provided for is returned undelivered by the United States Post Office and not less than ten days has expired from the date of such return or in the event such notice herein provided for is received by the owner or occupant to whom same is directed and such junked vehicle is not removed in accordance with this Ordinance within the ten day period provided for in such notice, then, in any of such events the Director of Public Safety of the City of Euless or any person authorized by him shall remove such junked vehicle from its location to a place of storage within the corporate limits of the City of Euless as determined by the Director of Public Safety. VII. NOTICE TO TEXAS HIGHWAY DEPARTMENT The Director of Public Safety shall, within five days following the removal of a junked vehicle, forward written notice thereof to the Texas Highway Department advising such Department of the removal of such vehicle and its custody by the City of Euless, Texas. VIII. NOTICE INFORMATION All notices required hereunder shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available. IX. PROHIBITION AGAINST RECONSTRUCTING JUNKED VEHICLE No junked vehicle which has been removed to the custody of the City of Euless shall be reconstructed or again be made operable. X. DISPOSAL OF JUNKED VEHICLES The Director of Public Safety, if such junked vehicle shall not be claimed by its owner, within five days following its removal into the custody of the City of Euless shall have the authority to dispose of same by removing same to a scrap yard, demolisher, or other suitable site operated by the City of Euless for processing scrap or salvage, provided solely that such disposal shall be only as scrap or salvage. XI. AUTHORITY OF ENFORCEMENT The Director of Public Safety of the City of Euless and any officer of the police department of the City of Euless is authorized to enter upon private property for the purposes specified in this Ordinance to examine vehicles or parts thereof, obtain information as to the identity of such vehicles and such persons or other persons designated by the Director of Public Safety of the City of Euless shall have authority to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Ordinance. The Municipal Court of the City of Euless shall have authority to issue all orders necessary to enforce this Ordinance. XII. COSTS OF REMOVAL In the event the owner of a junked vehicle shall, subsequent to its removal and prior to its disposition as herein provided for claim such vehicle and produce satisfactory proof of ownership thereto such junked vehicle shall be returned to such owner upon reimbursement to the City of Euless for all costs incurred in removing, impounding and storing such junked vehicle together with all costs incurred for notices required hereunder. XIII. PARTIAL REPEAL OF ORDINANCE 268 The provisions of Ordinance No. 268 to the extent of their conflict with this Ordinance are hereby repealed. XIV. SEVERANCE CLAUSE Should any section, article, provision or part of this Ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decisions shall in no way effect the validity of any of the remaining parts of this Ordinance unless the part held unconstitutional or void is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this Ordinance which are valid and would have omitted any part which may be unconstitutional or void, if it had known such parts were unconstitutional or void at the time of the passage of this Ordinance. XV. DECLARING AN EMERGENCY The fact that the enactment of this Ordinance is necessary to preserve the public business, peace, health, safety and general welfare, creates an urgency and an emergency in the immediate preservation of same, and required that this Ordinance shall take effect immediately from and after its passage and publication as required by law. APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 14th day of Euless, August, 1973, at a regular meeting of the City Council of the City of less, Texas. APPROVED: May ATTEST: City Secretary APPROVED AS 0 FORM: y City Attor y