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Home My WebLink AboutORD 1988-013 ORDINANCE NO. 88-13 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 23, ARTICLE VII OF THE GRAPEVINE CITY CODE BY AMENDING SECTION 23-90 RELATIVE TO THE DECLARATION OF A NUISANCE AND ABANDONED AND UNCLAIMED PROPERTY; BY AMENDING SECTION 23-91 RELATING TO FEES; BY AMENDING SECTION 23-93 RELATING TO REDEMPTIONS AND � RECOVERY OF PROCEEDS; BY AMENDING SECTION � 23-94 REGARDING NOTICE, TIME AND CONDUCT OF SALE; BY AMENDING SECTION 23-96 RELATING TO RECORDS; BY AMENDING SECTION 23-97 RELATING TO DISPOSITION OF STOLEN PROPERTY; BY AMENDING SECTION 23-98 RELATING TO THE DISPOSITION OF GAMBLING PARAPHERNALIA, PROHIBITED WEAPONS, CRIMINAL INSTRUMENTS, CHEMICAL DISPENSING DEVICES AND OTHER CONTRABAND; BY PROVIDING A NEW SECTION 23-99 RELATING TO THE DISPOSITION OF CONTROLLED SUBSTANCES, DANGEROUS DRUGS AND DRUG PARAPHERNALIA; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500. 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: � �;�,,,, Section 1 . That Chapter 23, Section 23-90 of the Grapevine City Code is hereby amended to read as follows: "Section 23-90. Declaration of nuisance; unclaimed and abandoned property, A. It shall be unlawful for any person to allow or cause any property or obstruction to be placed, left, parked, erected or maintained for more than forty-eight (48) hours, in or on any public street, alley, sidewalk, public park or other public place of the City, which action is hereby declared a nuisance. Any such property when so found shall be immediately removed by a police officer of the City, and taken to the police pound or such other place as has been designated by the City and shall be kept there until redeemed or sold as provided in this chapter. B. Except as otherwise provided in Section 12-50 et seq. , all unclaimed or abandoned personal property of every kind, except whiskey, wine and beer, seized by a City police officer which is not held as evidence to be used in any pending case and has not been ordered destroyed or returned to the person entitled to possession of the same by a magistrate, which shall remain unclaimed for a period of thirty (30) days shall be delivered for sale to the purchasing agent of the City. " Section 2 . That Chapter 23, Section 23-91 of the Grapevine City Code is hereby amended to read as follows : "Section 23-91 . Fees . A. The following fees for impounding and disposing of unclaimed or abandoned property, other than motor vehicles, shall be charged under this chapter and shall be paid into the general fund of the City: l . For impounding personal property . . . $5 . 00 �'"^ 2 . Storage per day for each item of personal property . . . . . . . . . . $1 . 00 � B. The City shall receive from the property owner or from the proceeds of the sale of the property, the reasonable cost of the following: 1. Advertisements; 2 . Mailed Notices; and 3 . Conducting the sale. " Section 3. That Chapter 23, Section 23-93 of the Grapevine City Code is hereby amended to read as follows : "Section 23-93. Redemption; recovery of proceeds. A. The owner of the property regulated by this chapter may redeem said property prior to sale by paying to the purchasing agent the fees set for section 23-91 of this chapter, and any other expenses incurred by the City in impounding and storing the abandoned or unclaimed property. '� B. The real owner of any property sold shall have the right to file a claim to the proceeds of the sale �+ with the City Council. If the claim is allowed by the City Council, the City Treasurer shall pay the owner such funds as were paid into the treasury of the City as proceeds of the sale. If the claim is denied by the City Council, or if the Council fails to act upon such claim within ninety (90) days, the claimant may sue the City in a court of competent jurisdiction in the County, and upon sufficient proof of ownership, recover judgement against the City for the recovery of the proceeds of the sale. " Section 4 . That Chapter 23, Section 23-94 of the Grapevine City Code is hereby amended to read as follows: "Section 23-94. Notice, time and conduct of sale. A. The purchasing agent shall mail a notice to the last known address of the owner of the property by certified mail . Such notice shall describe the property being held, give the name and address of the purchasing agent, and state that if the owner � does not claim the property within six (6) months from the date of the notice such property shall be sold and the proceeds of such sale, after deducting the reasonable expenses of keeping such �" property and the costs associated with the sale, shall be placed in the general fund of the City. B. If the owner of such property is unknown or if the address of the owner is unknown, then the purchasing agent shall cause to be published once in the official city newspaper a description of the property held, the name of the owner, if known, the name and address of the purchasing agent, and a statement that if the owner does not claim such property within six (6) months from the date of the publication such property will be sold and the proceeds of such sale, after deducting the reasonable expenses of keeping such property and the costs associated with the sale, shall be placed in the general fund of the City. C. The sale of the property shall be proceeded by a notice published once at least three (3) weeks prior to the date of such sale in the official �^ city newspaper, stating the descr�ption of the property, the name of the owner, if known, and the date and place that such sale will occur. The � property shall be sold at public auction to the highest bidder for cash. If the purchasing agent considers any bid as insufficient, he need not sell such property at that time but may decline such bid and reoffer such property for sale. ; D. If the provisions of this section have been met and the property is scheduled for sale, the police department may request and have the property converted to police department use. The police department shall return the property to the purchasing agent for sale when the police depart- ment has completed the intended use of the property. �� Section 5. That Chapter 23, Section 23-96 of the Grapevine City Code is hereby amended to read as follows : "Section 23-96 . Records . The purchasing agent shall keep a permanent record �,�� book containing a description of all property impounded, the date and time of impounding, the dates of notices mailed to the property owners, the return �, receipt of certified mail notices, the date of sale of the impounded property, the amount realized for each article at sale, the name and address of the owner, if known, and the name and address of the purchaser. " Section 6. That Chapter 23, Section 23-97 of the Grapevine City Code is hereby amended to read as follows : "Section 23-97 . Disposition of stolen property. The City shall dispose of stolen property in accordance with Chapter 47 of the Texas Code of Criminal Procedure, as amended. " Section 7 . That Chapter 23, Section 23-98 of the Grapevine City Code is hereby amended to read as follows : "Section 23-98. Disposition of gambling paraphernalia, prohibited weapons, criminal instruments, chemical dispensing devices and other contraband. '`� The City shall dispose of gambling paraphernalia, ' prohibited or other weapons, criminal instruments, chemical dispensing devices and other contraband in �"' accordance with Articles 18 . 18, 18 . 181, 18 . 19 of the Texas Code of Criminal Procedures, as amended. " Section 8 . That Chapter 23 of the Grapevine City Code is hereby amended by the addition of Section 23-99, which shall read as follows : "Section 23-99. Disposition of controlled substances, dangerous drugs and drug paraphernalia. The City shall dispose of controlled substances, dangerous drugs and drug paraphernalia in accordance with Arts. 4476-14 and 4476-15, Vernon' s Rev. Civ. Stat. Ann. , as amended. " *'�"' Section 9 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five �,+r hundred dollars ($500 .00) for each offense and a separate offense shall be deemed committed upon each day during or on which an offense occurs or continues. Section 10 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 11 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. This ordinance, with the exception of Sections 23-97, 23-98 and 23-99, inclusive, applies to the disposition of property or proceeds of property �,. . unclaimed or abandoned on or after September 1 , 1987. This disposition of property or proceeds of property unclaime or abandoned before that date is covered by the law in effect on the �.� date the property was unclaimed or abandoned. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 2nd day of February , 1988. APPROVED: Mayor ATTEST: ' t Secre ar � APPROVED AS TO FORM: �Ir�r /+ C City Attorney