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Home My WebLink About964 04-26-1988ORDINANCE NO. 964 AN ORDINANCE AMENDING SECTION 7 -77 OF ARTICLE V, "JUNKED VEHICLES ", AND SECTION 7-63 OF ARTICLE IV "ABANDONED DERELICT AND LOST PERSONAL PROPERTY" OF CHAPTER 7, "GARBAGE TRASH, WEEDS AND ABANDONED PROPERTY" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS; PROVIDING ADDITIONAL NOTICES UPON IMPOUNDMENT OF MANUFACTURED HOMES; PROVIDING NOTICES TO LIENHOLDERS OF JUNKED VEHICLES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature has recently required additional notices upon impoundment of manufactured housing and upon notification to remove a junked vehicle. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That Section 7 -63 of Article IV, "Abandoned, Derelict and Lost Property" of Chapter 7, "GARBAGE, TRASH, WEEDS AND ABANDONED PROPERTY" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: Sec. 7-63. Same— Notices as to property other than motor vehicle; manufactured housing. (a) Before selling such personal property, other than motor vehicles, and other than manufactured housing provided for below, the chief of police shall post two (2) notices thereof, one at the courthouse door of this county, and one at the main entrance of the city hall, and shall cause a copy thereof to be published in a newspaper of general circulation published in the city once a week for two (2) consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the day of the auction sale. The notice of same shall describe the impounded property, state that the same is unredeemed, state that the same will be sold at public auction, designate the place of sale, and state a time and date of sale which shall not be less than fourteen (14) days from the date of posting such notices as herein required. (b) Before selling a manufactured home, including but not limited to mobile homes, HUD -Code manufactured homes and any other form of manufactured housing as defined in Article 5221£. Tex. Rev. Civ. Stat. Ann., as amended, the chief of police shall, thirty (30) days' prior to posting and publishing the notices required by subsection (a) hereof, obtain from the Texas Department of Labor and Standards the name and address of the registered owner and of any lienholders of record, and send to all such parties a notice by certified mail stating that the manufactured home has been impounded, that same is subject to sale by the City to satisfy impoundment and storage charges, and the procedure for redemption prior to such sale as provided in this Article. Such notice must allow the recipient thereof at least thirty (30) days after receipt to redeem such property prior to sale by the city. 11. That Section 7 -77 of Article V, "Junked Vehicles" of Chapter 7, "GARBAGE, TRASH, WEEDS AND ABANDONED PROPERTY ", as amended, be hereby amended to hereafter be and read as follows: Sec. 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 (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 and also to the registered owner of the junked vehicle and all lienholders of record. If any 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 than 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 ORDINANCE NO. 964 ORDINANCE AMENDING CHAPTER 7 OF THE EULESS CODE OF ORDINANCES Page 2 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 municipal 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 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, as well as to the registered owner and all lienholders of record, shall be given by the chief of police of the City of Euless, Texas, or his duly authorized representative. III. Saving Clause. That Chapter 7 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and ORDINANCE NO. 964 ORDINANCE AMENDING CHAPTER 7 OF THE EULESS CODE OF ORDINANCES Page 3 sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any invalid or such unconstitutional phrase, clause, sentence, paragraph or section. V. 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. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 12thday of April 1988; by a vote of 3 ayes, 0 nays, and--Q— abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 26th day of April 1988; by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: f `�''+� '' _ •�-- �x°ii. , a. ti,� a @'..« . Harold Samuels, Mayor ATTEST:; Kay Ra' ey, City Sec ary APPR VI� TT F..:�� Bob McFarland, City'Attorney PFW:0075a: msl:22388 ORDINANCE NO. 964 ORDINANCE AMENDING CHAPTER 7 OF THE EULESS CODE OF ORDINANCES Page 4