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ORD 1985-17C� : � ► ��i TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 85-17 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REGULATING AND RESTRICTING THE ALLOWANCE OF ABANDONED AND JUNKED VEHICLES TO REMAIN ON PRIVATE PROPERTY; DEFINING CERTAIN TERMS HEREIN; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; DECLARING A PUBLIC NUISANCE; PROVIDING FOR THE NOTIFICATION TO THE OWNER OF THE PREMISES ON WHICH AN ABANDONED OR JUNKED CAR IS LOCATED;• PROVIDING FOR THE SALE OR DISPOSITION OF ABANDONED OR JUNKED MOTOR VEHICLES; PROVIDING FOR A PUBLIC HEARING PRIOR TO THE REMOVAL OF AN ABANDONED OR JUNKED MOTOR VEHICLE; PROVIDING FOR EXCEPTIONS; PROVIDING FOR AUTHORITY OF OFFICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, this ordinance is adopted pursuant to the authority conferred by Article 6687.9, Vernon's Annotated Civil Statutes ("V.A.C.S."). WHEREAS, the Town desires to establish a procedure for the removal of abandoned or junked motor vehicles within the town limits. WHEREAS, the Town Council does hereby find and determine that the adoption of this ordinance is in the best interest of the public health, safety, morals and general welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: A. Definitions. For purposes of this ordinance, the following definitions apply, to wit: 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 vehicle 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 town 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 parts 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 convert a motor vehicle into processed 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 servicing, repair or maintenance of a motor vehicle. Junked vehicle means a motor vehicle as defined in Article fi701d-11, Vernon's Texas Civil Statutes, that is inoperative, does not have lawfully affixed to it both an unexpired license plate and a valid motor vehicle safety inspection certificate, and that is wrecked, dismantled, partially dismantled, or discarded; or that remains inoperable for a continuous period of more than one hundred twenty (120) days. Motor vehicle means a motor vehicle subject to registration under Article 6687-1, Vernon's as Civil Statutes, the Certificate of Title Act. Marshal means the Town Marshal of the Town of Trophy Club, Texas. Special interest vehicle means 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. Storage facility means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles. B. Authority to take possession of abandoned motor vehicles. 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. The procedures of this division must be administered by the Town Marshal of the Town of Trophy Club, Texas, except for the removal of the vehicle or vehicle part from property as authorized above. C. Declaration of public nuisance. That junked vehicle that is located in a place where it is visible from a public place 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. A person commits an offense under this division if he maintains such a public nuisance on property owned by him or under his control. -2- D. Procedure for abating nuisance. (a) In the event a junked vehicle constituting a public nuisance under this division is found on private property, the police department or other designated employee of the town shall notify the owner or occupant of the private premises on which the public nuisance exists, in writing by certified mail with a five-day return requested, 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-day period. 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 ten (10) days after the date of the return. (b) In the event a public nuisance as defined herein is found on public property, notice in writing must be mailed, by certified mail with a five-day return requested, 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, that the nuisance must be removed and abated from the public property or public right-of-way within ten (10) days, and that a request for hearing must be made before expiration of the tens -day period. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to date not less than ten (10) days after the date of the return. (c) 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 and all lien holders of record pursuant to the Certificate of Title Act, that the vehicle has been taken into custody. The notice shall describe 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 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. The notice shall also state that- the failure of the owner or lien holders to exercise 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 public auction. 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 identify and address of all lien holders, notice by one publication in one newspaper of general circulation in the city 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. (d) In the event of removal of an abandoned motor vehicle as provided herein, notice shall be given to the state department of highways and public transportation not later than the fifth day after the date of removal. Such -3- notice must identify the vehicle or vehicle part. E. Sale or other disposition of abandoned or junked motor vehicles. (1) if an abandoned motor vehicle has not been reclaimed as provided, the Police Department shall sell the abandoned motor vehicle at a public auction. Such auction shall be held as required by the provisions of section 5, Article 6687-9, V.A.C.S. (2) The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be as set out in section 6 of Article 6687-9, V.A.C.S. (3) The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard thereto shall be set out in section 7 of Article 6687-9, V.A.C.S. (4) When a junked vehicle is declared a public nuisance by the authorized official of the town and is ordered to be removed, it shall not be reconstructed or made operable after it has been removed. F. Public Hearing. (1) Upon request of any person as provided above, a public hearing shall be held before the municipal judge of the town before the removal of a vehicle or vehicle part declared to be a public 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 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. (2) if the nuisance defined herein is not removed and abated and a hearing is not requested within the ten-day period provided above, a complaint concerning such public nuisance shall be filed in an appropriate court, either under the penal provisions of this division or in a civil court to require removal and abatement of such public nuisance by injunctive relief. G. Exceptions. The procedures of this division 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. H. Authority of officers. Any person authorized by the city to administer the procedures authorized by this division may enter private property for the purposes specific herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal -4- of a vehicle or vehicle part that constitutes a nuisance. The municipal court shall be authorized to issue orders necessary to enforce the procedures of this division. Section 2. That the procedures for removal of junked or abandoned motor vehicles as herein established have been made for the purpose of promoting the health, safety, morals and the general welfare of the community. Section 3. That this ordinance shall be cumulative of all other ordinances of the Town affecting zoning 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 the provisions of this ordinance. Section 4. 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. 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} for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. The fact that the present zoning ordinance and regulations of the Town are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the Town creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as providied by law, and it is accordingly so ordained. PASSED AND APPROVED on the 24 day of ATTEST: .lune , 1985. w Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of f ophy - lub; 3Pexas