Loading...
HomeMy WebLinkAboutORD 1992-076 �, o ORDINANCE N0. 92-76 �, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, ARTICLE II, DIVISION 3 JUNKED AND ABANDONED VEHICLES, SECTION 12-52 RELEVANT TO NOTICES CONCERNING ABANDONED VEHICLES ON PRIVATE PROPERTY, AND SECTION 12-53 RELATIVE TO RECONSTRUCTION OF JUNKED VEHICLES; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS (5200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED 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, �,f ,.a TEXAS: �;� Section 1 . That Chapter 12, Article II, Division 3 Junked and Abandoned Vehicles, Section 12-52 (a) be amended to read as follows: "(a) Private property: A junked vehicle as defined herein, or a part thereof, found on private property shall be and hereby is declared a public nuisance. Notice of not less than ten (10) days, mailed by certified mail or registered mail with a five (5) day return requested, shall be given to the last known registered owner of the junked motor vehicle, any lien holder of record and the owner or occupant of the private premises whereupon such public nuisance exists, stating the nature of the public nuisance on private property and that such public nuisance must be removed and abated within ten (10) days, and further that a request for a hearing upon such removal and statement must be made before the expiration of said ten (10) day period. If the post office address of the last known registered owner of the motor vehicle is unknown, notice may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the notice is returned undelivered by the United States Post Office, official action by the City to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return." � Section 2. That Chapter 12, Article II, Division 3 Junked and Abandoned � Vehicles, Section 12-53. Reconstruction be amended to read as follows: ,,� "After a junked vehicle, as defined herein, has been removed it shall not be reconstructed or made operable by the City or any person acting on behalf of the City." Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 4. Any person, firm or corporation 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 Two Hundred Dollars (5200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, article, paragraph, sentence, clause, phrase or word "� � in this ordinance, or application thereto any person or circumstance 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 6. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of December , 1992. APPROVED: � � �� Wi liam D. Tate � Mayor 2 ,M�....�. ATTEST: � Linda uff City Secretary APPROVED AS TO FORM: �� John F. Boyle, Jr. City Attorney � � a� � 3