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Home My WebLink AboutORD 1987-009 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 87-09 AN ORDINANCE OF THE CITY OF GKAPEVINE, TEXAS AMENDING CHAPTER 12, DIVISION 3 OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE BY AMENDING THE TITLE OF DIVISION 3; BY AMENDING SECTION 12-50 RELATING TO DEFINITIONS; BY AMENDING SECTION 12-52 � ° RELATING TO THE PROCEDURE FOR ABATING AND REMOVING NUISANCES; BY ADDING A NEW SECTION 12-52.1 RELATING TO DISPOSAL OF NNKED VEHICLES; � ,� BY ADDING A NEW SECTION 12-52.2 RELATING TO AUTHORIZATION TO TAKE POSSESSION OF ABANDONED MOTOR VEHICLES; BY ADDING A NEW SECTION 12-52.3 RELATING TO PROCESSING ABANDONED MOTOR VE- HICLES; BY ADDING A NEW SECTION 12.54.1 RELATING TO THE SALE OR OTHER DISPOSITION OF ABANDONED OR NNKED MOTOR VEHICLES; BY AMENDING SECTION 12-57 RELATING TO ADMINISTRATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the Grapevine City Code be, and the same is, hereby amended by amending the title of Chapter 12, Division 3 to read as follow: "DIVISION 3. JUNKED AND ABANDONED VEHICLES.*" Section 2. That the Grapevine City Code be, and the same is, hereby amended by amending Section 12-50, in its entirety to read as follows: "Section 12-50. Definitions. For purposes of this Division 3, the following definitions apply: Abandoned motor vehicle means a motor vehicle that is inoperable and more than eight (8) years old and left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicte that has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) �hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within the city for more than forty-eight (48) hours. Antique auto means a passenger car or truck that was manufactured in 1925 or before, or a passenger car or truck that is at least thirty- five (35) years old. Collector means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or garts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. Demolisher means a person whose business is to eonvert a motor vehiele into processed scra.p or scrap metal or to otherwise wreck or dismantle a motor vehicle. Gara.�ekeeper means an owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servieing, repair or maintenance of a motor vehicle. Junked vehicle means a motor vehiele as defined in Artiele 6701d-11, Vernon's Texas Civil Statutes ("V.T.C.S."), that is: (a) inoperative, and disposition are not available or are inadequate, and it may make final disposition of the vehicles or vehicle parts, or the City may transfer the vehieles or vehicle parts to another disposal site if the disposal is only as scra,p or salvage." Section 5. That the Grapevine City Code be, and the same is, hereby amended by the addition of a new Section 12-52.2, which shall read as follows: "See. 12-52.2 Authorization to Take Possession of Abandoned ,,;.: _ Motor Vehicles. The police department may take into eustody an abandoned motor vehicle found on public or private property." .�:,..� Section 6. That the Grapevine City Code be, and the same is, hereby amended by the addition of a new Section 12-52.3, whieh shall read as follows: "See. 12-52.3 Notification of Owner and Lienholder. (a) In the event the Police Department takes into custody an abandoned motor vehicle, it shall notify, not later than the tenth (lOth) day after taking the motor vehiele into eustody, by certified mail, the last l�own registered owner of the motor vehicle and all lien holders of record pursuant to the Certificate of Title Act or Chapter 31, Parks and Wildlife Code, that the vehicle has been taken into custody. The notice shall deseribe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehiele not later than the twentieth (20th) day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges, if a proper report is received from the �.: ., gara,gekeeper. The notice shall also state that the failure of the owner or lien holders to exereise their right to reclaim the vehicle within the time provided constitutes a waiver by the �� owner and lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a publie auction. (b) If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable eertainty the identity and addresses of all lien holders, notice by one publication in one newspaper of genera.l circulation in the area where the motor vehicle was abandoned is sufficient notice under this Division 3. The notice by publication may eontain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified ma.il." Section 7. That the Gra.pevine City Code be, and the same is, hereby amended by the addition of a new Section 12-54.1 which shall be read as follows: "Sec. 12-54.1 Disposal of Abandoned Motor Vehieles. ,�� (1) If an abandoned motor vehicle has not been reclaimed as provided in Section 12- 52-2 of this Ordinance, the Police Department shall sell the abandoned motor vehicle at a publie auction. Proper notice of the time and the place shall be served to the owner and all lien holders. The purchaser of the motor vehiele takes title to the motor vehicle free and clear of all liens and cla.ims of ownership, shall receive a sales receipt from the Police Department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle the Poliee Department sha11 reimburse itself for the expenses of the auetion, the costs of towing, preserving and storing the ozosx -3- motor vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred. Any rema.inder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for ninety (90) days and then shall remain available for the payment of auetion, towing, preserving, storage, and all notice and publication eosts that result from placing another abandoned vetucle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. (2) The disposition of abandoned motor vehicles left in storage faeilities by garagekeepers shall in aecordance with the provisions of Section 5.05 of Article 4477-9a V.T.C.S., as �,;,� amended. (3) The disposal of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard thereto shall be in accordanee with the provisions of Section 5.06 and 5.07 of Article 4477-9a V.T.C.S., as amended." Section 8. Seetion 12-57 of the Grapevine City Code be, and the same is, hereby amended in its entirety to read as follows: "Sec. 12-57 Administration; Fees. (a) The provisions of this Division 3 shall be administered by regularly salaried, full-time employees of the City; except that the cemoval of vehicles or vehicle parts thereof from property may be by any other duly authorized person. (b) A person authorized under this Division 3 ordinance may enter private property for the purposes specified in this Division 3 in order to examine a vehicle or vehicle part, obtain ��„rn. information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehiele part that eonstitu es a nuisance. �,.� (e) The Police Department or an agent of the Police Department that takes custody of an abandoned motor vehicle is entitled to reasonable storage eharges for: (1) A period of not more than ten (10) days � beginning on the day the Police Department takes custody and continuing through the day the Police Department mails notice and provided for in Section 12-52.3; and (2) a period beginning on the day after the day the Police Department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed." (d) The Grapevine Municipal Court is authorized to issue orders necessary to enforce the procedures set forth in this Division 3. Section 9. That this ordinance shall be cumulative of all other ordinances of �_�:�, the City and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with t e provisions of this ordinance. Section 10. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of eompetent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby deelares it would have passed such remaining of the ordinance despite such invalidity, which remaining portions shall remain in full force and effeet. oxosx -4- Section 11. The fact that the present health and sanitation ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morais, peace and general welfare of the inhabitants of the City �ahealth emergency for the immediate preservation of the public business, prope y, , safety and general welfare of the public which requires that this ordinance shall become effeetive from and a.fter the date of its final passage and publication as provided by law, and it is aceordingly so ordained. PASSED AND APPROVED on the 17th day of Februarv, 1987. � �,, Mayor, City of Grape , exas � ATTEST: Cit Seeretary, City of Grapevine, xas [SEAL] APPROVED AS TO FORM: � City Attorney, City of Grapevine, Texas �. � . �� ozosx -5-