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Home My WebLink AboutORD 1977-042 ORDINANCE NO. 77-42 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING A PROCEDURE FOR THE ABATEMENT AND REMOVAL OF' JUNKED VEHICLES OR PARTS THERE- OF, AS PUBLIC NUISANCES , FROM PRIVATE PROPERTY, PUBLIC PROPERTY OR PUBLIC RIGHTS OF WAY; PRO- VIDING A PENALTY; PROVIDING A SAVINGS AND !�'* SEVERABILITY CL,AUSE; AND DECLARING AN EMERGENCY � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. Definitions . That the term "junked vehicle" shall be and hereby is deemed to mean any motor vehicle which: (a) is inoperative and which does not have lawfully affixed thereto both an unexpired license plate or 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 120 days . Section 2. Nuisance . That a junked vehicle as herein defined, or parts thereof, which are located in any place where they are visable from a public place or right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of �'"`'� private property, to invite vandalism, to create fire hazards , to constitute an attractive nuisance creating . �,�, a hazard to the health and safety of minors , and are detrimental to the economic welfare of the State , by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the State of Texas , and such vehicles therefore , shall be and are hereby declared a public nuisance . Section 3. Procedure for Rbating and Removing Nuisance . (a) Private Property. That a junked vehicle as de- fined herein, or a part icn.ereof, 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 5-day return requested, shall be given 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 expiration of said ten (10) day period. If the notice is returned un- delivered 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 f rom the date of such return. �irr (b) Public Property and Public Right-of-Way. That a junked vehicle as defined herein, or a part thereof, found on public property or on a public right-of-way shall be and hereby is deemed a public nuisance . Notice of not less than ten (10) days , mailed by certified or registed mail with a 5-day return requested, shall be given to the owner or occupant of the premises adjacent to the public right-of- way whereupon such public nuisance exists . Such notice shall state the nature of the public nuisance on the public property or public right-of-way and that it must be re- moved and abated within (10) days and further that a re- quest for a hearing upon such removal and abatement must be made before the expiration of said ten (10) day period. If the notice is returned undelivered by the United States Post Office , official action to abate said nuisance shall be continued to a date not less than ten (10) days from the �+ date of such return. Section 4. Reconstruction. That after a junked y,�,, 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 5. Public Hearing . That when a public hear- ing upon the removal and abatement of a public nuisance specified herein is requested as herein provided by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way, said public hearing shall be held before Any order requiring the removal of a vehicle or part there- of shall include a description of _the vehicle , the correct identification number and license number of the vehicle if available at the site . Section 6 . Notice to Highway Department . That the City, acting through a designated representative , shall notify the Texas Highway Department of the removal of a vehicle or part thereof authorized under this ordinance , such notice to be given within five (5) days after the date of removal and identifying the vehicle or part thereof. �� Section 7. Exemptions . The provisions of this ordi- nance shall not apply to: (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or (c) Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles 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 . Section 8. Administration. The provisions of this ordinance shall be administered by regularly salaried, '�"" full-time employees of the City; except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. �flf�rr Section 9. Complaint . If a public nuisance as here- in defined is not removed and abated, and a hearing is not requested within the ten (10) day period as provided in Section 3 hereof, a complaint for the violation of main- taining a public nuisance may be filed in the Municipal Court of the City. Section 10. Penalty. 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 two hundred dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues after � the notice period provided herein has expired. The Court shall order removal and abatement of the nuisance . ;�„ Section 11 . Savings and Severability Clause . If any section, article , paragraph, sentence, clause, phrase or word in this ordinance , or application thereto to 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 the ordi- nance; 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 12 . Emergency. The fact that no present o�dinances of the City of Grapevine regulating junked vehicles on public or private property or on the public right-of-way exist , creates an urgency and an emergency and in the preservation of the public health, safety and welfare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provides . �"" PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �,, GRAPEVINE, TEXAS, this the 20 day of Sept. , 1977. 1 -- �� 1,� ^X�-��-_ MAYOR ATTEST: City S cret y APPROVED AS TO FORM AND LEGALITY: City Attorney � �rr