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:
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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."
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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:
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Wi liam D. Tate
� Mayor
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ATTEST:
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Linda uff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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