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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