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HomeMy WebLinkAboutO-1481-2-971481-2-97 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC,ARTICLE XII, 'ABANDONED VEHICLES," SECTION 9-321, 'DEFINITIONS,' SECTION 9- 324, 'AUTHORITY TO TAKE ABANDONED MOTOR VEHICLE INTO CUSTODY,' SECTION 9-325, TAKING ABANDONED MOTOR VEHICLE INTO CUSTODY: NOTICE,' SECTION 9-327, 'GARAGEKTEPERS DUTY: ABANDONED MOTOR VEHICL.FS,• SECTION 9-328, 'DISPOSAL TO DEMOLISHER,' AND SECTION 9-329, TROCEDURPS FOR ABATING NUISANCE,' OF THE ALIEN CODE OF ORDINANCES, AS PREVIOUSLY AMENDED, TO CONFORM TO THE TEXAS TRANSPORTATION CODE; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE- WHEREAS, ATE WHEREAS, the City Council of the City of Allen, Texas, finds it necessary to amend Chapter 9, "Motor Vehicles and Traffic," Article XII, "Abandoned Vehicles," Section 9-321, "Definitions," Section 9324, "Authority to take abandoned motor vehicle into custody," Section 9-325, Taking abandoned motor vehicle into custody: Notice," Section 9-326, "Auction or use of abandoned items; waiver of rights," Section 9-327, "Garagekeeper's duty: abandoned motor vehicles," Section 9-328, "Disposal to demolisher," and Section 9-329, "Procedures for abating nuisance," of the Allen Code of Ordinances so as to conform to the Texas Transportation Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Chapter 9, "Motor Vehicles and Traffic," Article XII, "Abandoned Vehicles," Section 9-321, "Definitions," of the Allen Code of Ordinances, is hereby amended to amend the definition of "abandoned motor vehicle," "junked vehicle," and "motor vehicle" and to add the definition of "junked vehicle declared to be public nuisance," "watercraft," and "outboard motor" as follows: Abandoned motor vehlck., A motor vehicle is abandoned if the motor vehicle: (1) is inoperable, is more than five (5) years old, and has been left unattended on public propertZ for more than forty-eight (48) hours; (2) has remained illegally on public property for more than forty-eight (48) hours; (3) has remained on private property without the consent of the owner or person in charge of the property for more than forty-eight (48) hours; or (4) has been left unattended on the right-of-way of a designated county, state, or federal highway for more than forty-eight (48) hours or on a turnpike project constructed and maintained by the Texas Turnpike Authority for more than twelve (12) hours. Junked vehicle: A motor vehicle as defined in V.T.C.A., Transportation Code, Chapter 683, that is self-propelled and inoperable and: (1) does not have lawfully attached to it: A) an unexpired license plate; or ' ) a valid motor vehicle inspection certificate; (2) is wrecked, dismantled or partially dismantled, or discarded; or 3 has remained inoperable for more than forty-five (45) consecutive days. Junked vehicle declared ro be public nuisance. A junked vehicle, including part of a junked vehicle, that is visible from a public place or public right -of --way: SECTION 2• Chapter 9, "Motor Vehicles and Traffic," Article XII, "Abandoned Vehicles," Section 9-324 through Section 9-329 of the Allen Code of Ordinances are amended to read as follows: "Sec. 9-324. Authority to take abandoned motor vehkk into custody. The police department is authorized to take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property. The police department may use agency personnel, equipment, and facilities or contract for other personnel, equipment and facilities to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody under this article. See. 9-325. Taking abandoned motor vehkk into custody. Notice. The police department shall notify, within ten (10)) days, by certified mail, return receipt requested, the last known registered owner and a4 lienholders of record that it has taken into custody an abandoned motor vehicle, watercraft or outboard motor under the provisions of this article. The notice shall be as prescribed under Title 7, Subtitle A, Chapter 501, of the Texas Transportation Code, V.T.CA., for a motor vehicle or under Chapter 31 of the Texas Parks & Wildlife Code, V.T.CA., for a watercraft or outboard motor. The notice shall specifically state, in addition to the other requirements, that the failure of the owner or lienholders to exercise their right to reclaim the vehicle, watercraft or outboard motor within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the property and their consent to the sale of the abandoned motor vehicle, watercraft or outboard and at a public auction to be held by the city. Sec. 9-326. Auction or use of abandoned items, waiver of rights. (a) If an abandoned motor vehicle, watercraft, or outboard motor has not been claimed within twenty (20) days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment, the police department may sell the item at a public auction or use the item as provided by V.T.CA., Transportation Code §683.016. Proper notice of the public auction shall be given; and in the event of a motor vehicle, watercraft, or outboard motor, is to be sold in ' satisfaction of a garagekeeper s lien, the garagekeeper shall be notified of the time and place of such auction. Notice given in accordance with the requirements of this article, or the giving of notice of the sale of other types of abandoned property, shall be sufficient to comply with the requirements of this section. Ordinance No. 1481-2-97 Page 2 (1) is detrimental to the safety and welfare of the public; 2 tends to reduce the value of private property; 3 invites vandalism; 4 creates a fire hazard; S is an attractive nuisance creating a hazard to the health and safety of minors; (6) produces urban blight adverse to the maintenance and continuing development of municipalities; and (7) is a public nuisance. Motor vehiek: A vehicle that is subject to registration under Title 7, Subtitle A, Chapter 501, of the Texas Transportation Code, V.T.C.A. Waterergld: A vessel that is subject to registration under Chapter 31 of the Texas Parks & Wildlife Code, V.T.C.A. Outboard motor: Any outboard motor subject to registration under Chapter 31 of the Texas Parks & Wildlife Code, V.T.C.A." SECTION 2• Chapter 9, "Motor Vehicles and Traffic," Article XII, "Abandoned Vehicles," Section 9-324 through Section 9-329 of the Allen Code of Ordinances are amended to read as follows: "Sec. 9-324. Authority to take abandoned motor vehkk into custody. The police department is authorized to take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property. The police department may use agency personnel, equipment, and facilities or contract for other personnel, equipment and facilities to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody under this article. See. 9-325. Taking abandoned motor vehkk into custody. Notice. The police department shall notify, within ten (10)) days, by certified mail, return receipt requested, the last known registered owner and a4 lienholders of record that it has taken into custody an abandoned motor vehicle, watercraft or outboard motor under the provisions of this article. The notice shall be as prescribed under Title 7, Subtitle A, Chapter 501, of the Texas Transportation Code, V.T.CA., for a motor vehicle or under Chapter 31 of the Texas Parks & Wildlife Code, V.T.CA., for a watercraft or outboard motor. The notice shall specifically state, in addition to the other requirements, that the failure of the owner or lienholders to exercise their right to reclaim the vehicle, watercraft or outboard motor within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the property and their consent to the sale of the abandoned motor vehicle, watercraft or outboard and at a public auction to be held by the city. Sec. 9-326. Auction or use of abandoned items, waiver of rights. (a) If an abandoned motor vehicle, watercraft, or outboard motor has not been claimed within twenty (20) days after the date of notice and payment of all towing, preservation and storage charges resulting from its impoundment, the police department may sell the item at a public auction or use the item as provided by V.T.CA., Transportation Code §683.016. Proper notice of the public auction shall be given; and in the event of a motor vehicle, watercraft, or outboard motor, is to be sold in ' satisfaction of a garagekeeper s lien, the garagekeeper shall be notified of the time and place of such auction. Notice given in accordance with the requirements of this article, or the giving of notice of the sale of other types of abandoned property, shall be sufficient to comply with the requirements of this section. Ordinance No. 1481-2-97 Page 2 (b) The purchaser of a motor vehicle, watercraft or outboard motor which is sold at public auction takes title free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the motor vehicle, watercraft, or outboard motor and receive a certificate of title. The proceeds shall be applied first to reimburse the police department for the expenses of the auction, costs of towing, preserving, and storing the items, and the cost of notice or publication as required by V.T.CA., Transportation Code §683.012. Any remainder from the proceeds of the sale shall be held for the owner of the motor vehicle, watercraft, or outboard motor or entitled lienholder for ninety (90) days, and then shall be deposited in the special fund which shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of such other abandoned vehicles, watercraft, or outboard motors are insufficient to meet these expenses and costs. (c) When the police department takes an abandoned motor vehicle into custody that is not claimed under the provisions of V.T.C.A., Transportation Code §683.012, or Section 9-325 above, the police department may use the vehicle for agency purposes. The police department shall auction the vehicle as provided by this article if the agency discontinues use of the vehicle. This section does not apply to an abandoned vehicle on which there is a garagekeeper's lien. Sec. 9-327. Garagekeeper's duty: abandoned motor vehicles. (a) The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle deemed abandoned under the provisions of this article, shall follow the notification procedures set forth herein for the giving of notice to owners and lienholders of abandoned vehicles, except that custody of the vehicle shall remain with the garagekeeper until after the notification requirements have been complied with. A motor vehicle left with a garagekeeper in a storage facility shall be deemed abandoned under the conditions of V.T.CA., Transportation Code, §683.031. (b) A fee of five dollars ($5.00) shall accompany the report of the garagekeeper and such fee shall be retained by the police department and used to defray the cost of notification or other costs incurred in the disposition of such vehicles; such fee shall be deposited in the general fund of the city. Abandoned vehicles left in storage facilities, which are not reclaimed after notice given in accordance with this article, shall be taken into custody by the police department and sold at auction as in the cases of other abandoned motor vehicles, or used for department purposes as stipulated in V.T.CA., Transportation Code, §683.016 and by city ordinance as set forth in Section 9-326 above. The proceeds of the sale shall first be applied to the garagekeeper's charges for servicing, storage and repair; provided, however, that the police department shall retain an amount of two (2) percent of the gross proceeds of the sale for each vehicle auctioned but in no event shall it retain less than ten dollars ($10.00), to be used to defray expenses of the custody and auction. Sec. 9-328. Dkposal to demolisher. The police department is authorized to apply to the state department of highways and public transportation for authority to sell, give away, or dispose of any abandoned vehicle in its possession to a demolisher in accordance with the provisions of V.T.CA., Transportation Code, §683.051. Sec. 9-329. Procedures for abating nuisance. The police department, when desiring to remove and dispose ofjunked vehicles as public nuisances from private property, public property or public rights-of-way, shall Ordinance No. 1961-2-97 Page 3 comply with the following procedures: (1) A notice of not less than ten (10) days, stating the nature of the public nuisance on private property and that it must be removed and abated within ten (10) days, and further that a request for a hearing must be made before the expiration of said ten-day period, shall be mailed by certified mail with a five-day return requested to the last known registered owner of the nuisance, each lienholder of record of the nuisance, and the owner or occupant of the premises whereupon such public nuisance exists. If the notice is returned and undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of such return. (2) The requirements of paragraph (1) above shall also apply to the case of a public nuisance on public property or on a public right-of-way, and such notice shall be sent to the last known registered owner of the nuisance, each lienholder of record of the nuisance, the owner or the occupant of the public premises, or to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists. (3) Once a vehicle has been removed under the provisions of this section, it shall not be reconstructed or made operable. (4) Where a hearing is requested 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 on which such a vehicle is located, within ten (10) days after service of notice to abate the nuisance, a hearing, prior to the removal of the vehicle or part thereof as a public nuisance, must be held before the municipal judge of the city. It shall be the responsibility of the city prosecuting attorney to prosecute the case on behalf of the police department, and should the municipal judge find that such vehicle is a public nuisance as defined herein, he shall enter an order requiring the removal of the vehicle or part thereof from the public or private property or public right-of-way where it is situated; such order shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available at the site. (5) The police department shall give notice to the state department of highways and public transportation within five (5) days after the date of removal of the vehicle, identifying the vehicle or part thereof. (6) The procedure set out in this section shall not apply to 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, 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 a junkyard or to unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and 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. (7) The administration of the procedures of this section shall be carried out Ordinance No. 1481-2-97 Page 4 by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts thereof from the property may be accomplished by any other duly authorized person, including wrecker service operators approved by the city." SEMON 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shalt be fined in any sum not to exceed Five Hundred Dollars ($500.00). SECTION 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 6: This ordinance shall become effective immediately from and after its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCH.OF THE CITY OF AUEN TEXAS, ON THE 6TH DAY OF FEBMAI& 1997. APPROVED, rQ -' Kevin L filly, MAYOR APPROVED AS TO FORM: ATTEST`. t?ir1^- A. Don RNEY JudVMonssph, CMC, CITY SECRETARY Ordinance No. 1981-2-97 Page 5