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Home My WebLink About541 03-28-1978ORDINANCE NO. 541 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, BY AMEND- ING ARTICLE IV THEREOF TO DELETE CERTAIN SECTIONS APERTAINING TO INOPERATIVE VEHICLES AND TO ADD A NEW ARTICLE V TO SUCH SECTION 7 APERTAINING TO JUNK VEHICLES AS THEREIN DEFINED; DECLARING AN EMERGENCY; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Sub - sections 7 -57 entitled "Inoperative Vehicles" and 7 -58 entitled "Abandonment of Vehicles Specifically, Prohibited." of Article IV of Section 7 of the Code of Ordinances, City of Euless, Texas, as amended, are herewith and hereby deleted.. II. Section 7 of the Code of Ordiances, City of Euless, Texas, as amended, is herewith further amended by the addition of the following new Article V to be entitled JUNKED VEHICLES, which new Article V shall hereafter read as follows: ARTICLE V. JUNKED VEHICLES Section 7 -75. Definitions. For the purposes of this Article-"junked vehicle" means any motor vehicle as defined in Section I, Article 670ld -11, Vernon's Texas Civil Statutes, as amended, which: (a) 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; or (b) Remains inoperable for a continuous period of more than one hundred and twenty (120) days. Section 7 -76. Declaring a nuisance. Any junked vehicle or part thereof on public property, public rights -of -way or private property unless such vehicle or part thereof shall be (1) completely enclosed within a building in a lawful manner where it is not visable from the street or other public or private property, (2) stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junk yard or (3) an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on his property pro- vided that the vehicles or parts thereof and the 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, rapidly growing trees, shrubbery, or other appropriate means, are hereby declared to be a public nuisance. Section 7 -77. Abatement and removal of nuisance. The owner or the occupant of the private or public premises whereupon such public nuisance exists or the owner or occupant of the premises adjacent to the public right -of -way whereupon such public nuisance exists shall, within ten (10) days from the date of receipt of the notice hereinafter provided for, abate such nuisance and /or remove such junked vehicle or part thereof from such private or public premises or public rights -of -way. The notice herein provided shall be in writing, shall state the nature of the public nuisance on the private or public premises or on the public right -of -way and shall state that such public nuisance must be removed or abated within ten (10) days from the receipt of such notice. Such notice shall be sent by certified or registered mail with a five (5) day return requested to the owner or the occupant of the private or public premises whereupon such public nuisance exists or, to the owner or occupant of the premises adjacent to the public right -of -way whereupon such public nuisance exists. If such notice is returned undeliverable by the United States Post Office, action by city officials to abate such nuisance shall be continued to a date not less that ten (10) days from the date of such return. Such notice shall further state that such public nuisance shall be the- subject of removal by the City of Euless, Texas, unless such public nuisance be abated or removed by the addressee within the ten (10) day period required. Such notice shall further advise the addressee that in the event the City of Euless, Texas, shall be required to remove a vehicle to abate such nuisance, such vehicle may not thereafter be reconstructed or made operable. Such notice shall further advise the addressee that the addressee may request a public hearing prior to the removal of such vehicle or part thereof as a public nuisance by the City of Euless, Texas, provided a formal request for such public hearing be made by the addressee within such ten (10) day period provided for in such notice to the Clerk of the Municipal Court of the City of Euless, Texas. Such Clerk shall set upon the docket of the Munici- pal Court a time for hearing upon the request of such addressee and shall advise the addressee thereof. Such hearing shall be a public hearing before the Judge of the Municipal Court of the City of Euless, Texas, for the purpose of determining whether or not such junked vehicle or part thereof which is the subject of such notice shall be within the provisions of this Article and subject to abatement or removal. Upon hearing the Judge of the Municipal Court of the -2- City of Euless, Texas, shall issue an order indicating whether or not such junked vehicle or part thereof which was the subject of such notice is a public nuisance as defined in this Article and, if same be so found, he shall order the removal and abatement . of such public nuisance. In such event the order requiring the removal or abatement of such nuisance shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle or part thereof, if available, from inspection of same at the site of its location. The written notice herein provided for to the occupant of the private or public premises whereupon such public nuisance is claimed to exist or the owner or occupant of the premises adjacent to the public right -of -way whereupon such public nuisance is claimed to exist shall be given by the Chief of Police of the City of Euless, Texas, or his duly authorized representative. Section 7 -78. Abatement or removal by City of Euless. In the event the junked vehicle or part thereof, which is the subject of the notice provided for in Section 7 -77 above, be not abated or removed within the time period provided by the notice provided in such section or, in the event same shall be ordered re- moved by the Municipal Judge of the City of Euless, Texas, following public hearing as provided in Section 7 -77 above, the Police Depart- ment of the City of Euless, Texas, may take same into custody and dispose of same in the manner and pursuant to the procedures provided for "abandoned vehicles" under Article 6687 -9, Vernon's Texas Civil Statutes, as amended. In addition to the requirements of such Article the Police Department of the City of Euless, Texas, shall, within five (5) days after the date of removal of such junked vehicle or part thereof give notice to the Texas Highway Department of the removal of same, identifying the vehicle or part thereof, and requesting that such department shall forthwith cancel the Certificate of Title to such vehicle, if any, pursuant to Article 6687 -1, Vernon's Texas Civil Statutes, as amended. Section 7 -79. Penalty for failure to abate or remove junked vehicle or part thereof. Any person, firm or corporation which shall fail to abate or remove any public nuisance defined in this Article upon the expira- tion of ten (10) days from receipt of the notice herein provided for or within the period provided by any order of the Municipal Judge of the City of Euless, Texas, following hearing as herein provided for, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed two hundred dollars ($200.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. The Court, upon determination of guilt of maintaining a public nuisance -3- as defined ment of the theretofore in this Article, shall further order removal and abate - public nuisance in the event same shall not have been abated or removed. III. SEVERABLITY CLAUSE That it is hereby declared to be the intention of the City of Council that the sections, paragraphs, sentences, clauses and phrases of this ordinanace are severable, and if any, phrase, clause, sen- tence, paragraph or section of this ordinance shall be declared un- constitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. IV. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. V. EMERGENCY CLAUSE By the affirmative vote of four or more of its members, The City Council declares that this is an ordinance for the immediate preserva- tion of the public peace, property, health and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in such Section 11, is hereby dispensed with. PRESENTED AND PASSED ON first and final reading on the 28th day of March, 1978, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 4 ayes and 0 nays and 0 abstentions. APPROVED: Harold Samuels, Mayor -4- ATTEST: �,E�acJ Dell^a Houy, City SeC46retary APPROVED: Robe t McFarland, City Att rney -5-