ORD 2006-25TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-25
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
BY AMENDING ARTICLE IV, ENTITLED "JUNK VEHICLES",
SECTION 4.01 THROUGH SECTION 4.05 OF CHAPTER 8,
ENTITLED "NUISANCES" OF THE CODE OF ORDINANCES OF
THE TOWN; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING AN AMENDMENT TO ARTICLE IV,
CHAPTER 8, SECTION 4; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, the Town is authorized by Chapter 683 of the Texas
Transportation Code to establish regulations and procedures for the abatement
of abandoned and junked vehicles; and
WHEREAS, the Town Council determines that the maintenance of
abandoned and junked vehicles on both public and private property located
within the Town is a hazard, creates blight, is detrimental to property values and
is contrary to the general health, safety and welfare of the public; and
WHEREAS, having determined that the regulation of abandoned and
junked vehicles is an appropriate and beneficial governmental function, Council
hereby determines that the adoption of this Ordinance serves the health, safety
and welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article IV entitled, "Junk Vehicles" of Chapter 8, entitled "Nuisances" of the
Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so
that Section 4.01 through Section 4.05 reads as follows:
Section 4.01 Definitions
A. For the purposes of this Article, the following definitions apply, to wit:
Abandoned Motor Vehicle: A motor vehicle that is inoperable and
more than five (5) 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 vehicle that has remained on private property
without the consent of the owner of 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 Town for more than forty-eight (48) hours, or is abandoned
as otherwise defined in state law.
2. Antique Auto: A passenger car or truck that is at least twenty-five (25)
years old.
3. Collector: 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 parts of them for personal use in
order to restore, preserve and maintain an antique or special interest
vehicle for historic interest.
4. Garagekeeper: An owner or operator of a motor vehicle storage
facility or establishment for the servicing, repair or maintenance of a
motor vehicle.
Junked Vehicle: A vehicle that is self-propelled and:
a. That does not have lawfully affixed to it either an unexpired
license plate or a valid motor vehicle safety inspection certificate,
and
b. That is wrecked, dismantled, and/or partially dismantled, or
discarded; or
c. That is inoperable for a continuous period of more than:
Seventy-two (72) consecutive hours, if the vehicle is on
public property or
ii. Thirty (30) consecutive days if the vehicle is on private
property.
6. Motor Vehicle: Means a self-propelled vehicle, as defined by the
Texas Transportation Code.
7. Police Department: The police department of the Town of Trophy
Club.
8. Special Interest Vehicle: A motor vehicle of any age that has not been
altered or modified from original manufacturer's specifications and,
because of its historic interest, is being preserved by hobbyists.
9. Storage Facility: A garage, parking lot, or any type of facility or
establishment for the servicing, repairing, storage or parking of motor
vehicles.
10. Texas Transportation Code or Transportation Code: Any reference in
this Article to the Texas Transportation Code or Transportation Code
shall include future amendments and revisions to that Code.
11. Vehicle: Means a device that can be used to transport or draw
persons or property on a highway, as defined by the Texas
Transportation Code.
Section 4.02 Abandoned Motor Vehicles
A. Authority to Take Possession
1. The police department may take into custody an abandoned motor
vehicle found on public or private property. The police department
may employ its own personnel, equipment and facilities, or when
specifically authorized by the Town Council, hire persons, equipment,
and facilities to remove, preserve and store an abandoned motor
vehicle it takes into custody.
B. Notice
1. In the event the police department takes into custody an abandoned
motor vehicle, it shall notify not later than the tenth day after taking the
motor vehicle into custody, by certified mail, the last known registered
owner of the motor vehicle an all lienholders of record pursuant to
Section 683.012 of the Texas Transportation Code, that the vehicle
has been taken into custody. The notices shall describe the year,
make, model and vehicle identification number of the abandoned
motor vehicle, set forth the location on the facility where the motor
vehicle, set forth the location of the facility where the motor vehicle is
being held, inform the owner and any lienholders of their right to
reclaim the motor vehicle not later than the twentieth 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 applicable or other applicable delinquent
administrative penalty costs. The notice shall also state that the failure
to reclaim the vehicle within the time provided constitutes a waiver by
the owner and lienholders of all right, title and interest in the vehicle
and their consent to the sale of the abandoned motor vehicle at a
public auction.
2. 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 certainty the identity and address of all
lienholders, notice by one publication in one newspaper of general
circulation in the Town is sufficient notice. The notice by publication
may contain 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 mail.
C. Storage Fees: When the police department has taken custody of an
abandoned motor vehicle, the Town shall be entitled to reasonable storage
fees for:
1. A period of not more than ten (10) days beginning on the day the
department takes custody and continuing through the day the
department mails notice as provided by this section; and
2. A period beginning on the day after the department mails notice and
continuing through the day any accrued charges are paid and the
vehicle is removed.
D. Sale of Other Disposition
1. If an abandoned motor vehicle has not been reclaimed as provided,
the police department may sell the abandoned motor vehicle at a
public auction or use the vehicle for agency purposes as allowed by
§683.016. Such auction shall be held as required by and in
accordance with the provision of Section 683.014 of the Texas
Transportation Code. If the Police Department elects to use the
vehicle, the Lieutenant shall auction the vehicle in accordance with
Chapter 683 of the Transportation Code when the agency
discontinues use of the vehicle.
2. The disposition of abandoned motor vehicles left in storage facilities
by garagekeepers shall be in accordance with Sections 683.014 of the
Texas Transportation Code.
3. The disposition of abandoned motor vehicles to a demolisher and the
duties of a demolisher with regard thereto shall be in accordance with
Section 683.014 of the Texas Transportation Code.
Section 4.03 Junked Vehicles
A. Declaration of Nuisances
1. A junked vehicle that is located in a place where it is visible from a
public street or public right-of-way is detrimental to the safety and
welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates fire hazards, constitutes an
attractive nuisance, creating a hazard to the health and safety of
minors, and is detrimental to the economic welfare of the Town by
producing urban blight adverse to the maintenance and continuing
development of the Town, and is a public nuisance.
2. A junked vehicle that is located in a place where it is visible only from
private property is detrimental to the safety and welfare of the general
public, tends to reduce the value of private property, invites
vandalism, creates fire hazards, constitutes an attractive nuisance
creating a hazard to the health and safety of minors, and is
detrimental to the economic welfare of the Town by producing urban
blight adverse to the maintenance and continuing development of the
Town, and is a nuisance.
The provisions of Section 4.03(C) relating to abatement of nuisance
shall not be applicable to a junked vehicle visible only from private
property. For purposes of enforcement of this Subsection (2), a
complaint may be filed in the municipal court of the Town, and the
Town may pursue any remedy it may have, whether at law or in
equity, to ensure compliance with this Article.
3. A person commits an offense if that person maintains such a public
nuisance or nuisance on property owned by him or under his control.
4. A person who commits an offense under this Section is, on conviction,
subject to a fine not to exceed Two Hundred Dollars ($200.00). On
conviction, the court shall order removal and abatement of the
nuisance.
B. Abatement of Nuisance Notice
1. Found on Private Property
In the event a junked vehicle constituting a public nuisance is found
on private property, the Town shall notify the last known registered
owner of the junked vehicle, each lienholder of record and the owner
or occupant of the private property on which the public nuisance
exists, in writing by certified mail with a five (5) day return requested,
which notice shall state the nature of the public nuisance, that such
public nuisance must be removed and abated from such private
property within ten (10) days, and that a request for a hearing must be
made before expiration of the ten (10) day period. If the post office
address of the last known registered owner of the vehicle is unknown,
notice to the last known registered owner 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 to abate the nuisance
shall be continued to a date not less than eleven (11) days after the
date of the return.
2. Found on Public Property
In the event a junked vehicle constituting a public nuisance is found
on public property, notice in writing must be mailed, by certified mail
with a five (5) day return requested, to the last known owner or
occupant of the junked motor vehicle, any lienholder of record and to
the owner or occupant of the public premises or to the owner or
occupant of the public premises or to the owner or occupant of the
premises adjacent to the public right-of-way on which the public
nuisance exists, which shall state the nature of the public nuisance on
public property or on a public right-of-way, that the nuisance must be
removed and abated within ten (10) days, and that a request for a
hearing must be made before expiration of the ten (10) day period. If
the post office address of the last known registered owner of the
motor vehicle is unknown, notice to the last known registered owner
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 to abate the nuisance shall be continued to a date not less than
eleven (11) days after the date of the return.
C. Procedures to Abate Nuisance
1. Public Hearing
a. A public hearing shall be held before the municipal judge of the
Town before the removal of a vehicle or vehicle part constituting
a public nuisance if such a hearing is requested by the owner or
occupant of the private or public premises or by the owner or
occupant of the premises adjacent to the public right of way on
which the vehicle is located, within eleven (11) days after service
of the notice to abate the nuisance. At the hearing it is
presumed, unless demonstrated otherwise by the owner, that
the vehicle is inoperable. If, after such public hearing, the
municipal judge determines that the vehicle or vehicle part is a
public nuisance as defined herein, he shall enter an order
requiring the removal of such vehicle or vehicle part and shall in
such order include a description of the vehicle and the correct
identification number and license number of the vehicle if the
information is available at the site.
b. If such a public hearing is not requested, the municipal judge
shall nevertheless conduct a public relative to the removal and
abatement of the nuisance. If, after such public hearing, the
municipal judge determines that the vehicle or vehicle part is a
public nuisance as defined herein, he shall enter an order as
outlined in the immediately preceding paragraph. In addition, the
Town may file a complaint in a appropriate court seeking
injunctive relief and/or any other legal remedy available to it.
2. In the event of removal of a junked vehicle as provided herein, notice
shall be given to the State Department of Highways and Public
Transportation not later than the fifth (5th) day after the date of
removal. Such notice must identify the vehicle or vehicle part.
3. Any junked vehicle constituting a nuisance hereunder, which is
removed from either private or public property, shall not be
reconstructed or made operable after removal.
4. The relocation of a junked vehicle that is a public nuisance to another
location within the Town after a proceeding for abatement and/or
removal has been commenced shall have no effect if the junked
vehicle constitutes a public nuisance at the new location.
D. Exceptions
The procedures of the Section shall not apply to a vehicle or vehicle part
that is completely enclosed within a building in a lawful manner where it is
not visible from the street or other public or private property, a vehicle or
vehicle part that is stored or parked in a lawful manner on private property
in connection with the business of a licensed vehicle dealer or junkyard, or
an unlicensed, operable, or inoperable antique or special interest vehicle
stored by a collector on the collector's property, if the vehicle and the
outdoor storage area are maintained in a manner so 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.
E. Authority to Enforce
The Chief of Police, Town Building Official, Code Enforcement Officer or
their respective designees shall be and are hereby authorized to administer
the terms of this Article and such other persons may enter private property
for the purposes specified herein to examine a vehicle or vehicle part,
obtain information as to the identity of the vehicle, and remove or cause the
removal of a vehicle or vehicle part and shall be authorized to issue orders
necessary to enforce the procedures of this Subsection.
Section 4.04 Obstruction of Traffic
A. This Article shall not affect any law authorizing the immediate removal, as
an obstruction to traffic, of a vehicle left on public property.
Section 4.05 Penalty
A. It shall be unlawful for any person to violate any provision of this Article, and
any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount not to exceed Two Hundred Dollars
($200.00) for each offense, and a separate offense shall be deemed
committed each day during or on which a violation occurs or continues.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Abandoned Vehicles and Junked Vehicles and shall not repeal
any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other
provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and
effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has
arisen under or pursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
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 competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance by copying the exact Caption and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and
by filing this Ordinance in the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this
Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor
more than 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.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas, this the 21st day of August, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
o O lll� Yi?C-I OF TRA
Town Secretary
Town of Trophy Club, Texas °
v
92 ��
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas