O-2402-5-05ORDINANCE NO. 2402-5-05
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC,^ ARTICLE XII, BY
AMENDING THE DEFINITION OF JUNKED VEHICLES AND BY PROVIDING
AN ABATEMENT PROCEDURE THAT CONFORMS WITH STATE LAW;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS (S200) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 9, "Motor Vehicles and Traffic," Article XII, "Abandoned Vehicles," to read as follows:
"ARTICLE XII.
ABANDONED AND JUNKED MOTOR VEHICLES"
Sec. 9-321. Definitions.
' For the purposes of this article, the following words and phrases have the meanings as follows:
Junked Vehicle: A motor vehicle as defined in V.T.C.A., Transportation Code Ch. 683, that is self-
propelled and:
(1) Does not have attached lawfully to it:
(a) An unexpired license plate; or
(b) A valid motor vehicle inspection certificate; and,
(2) Is:
(a) wrecked, dismantled or partially dismantled, or discarded; or
(b) inoperable and has remained inoperable for more than (1) seventy-two (72)
consecutive hours, if the vehicle is on public property; or (2) thirty (30) consecutive
days, if the vehicle is on private property.
Sec. 9-329. Procedures for abating nuisance.
To abate and remove a junked vehicle from any place visible to the public, whether on private or
public property, the following procedure is required:
(a) Notice.
(1)
Any employee of a department authorized by the city manager to enforce this division shall:
a. Send written notice via certified mail, return receipt requested within five (5) days,
to the last known registered owner of the junked vehicle; to any known lien holder of
record of the junked vehicle; and to the owner or occupant of the property on which
the junked vehicle is located, or, if the junked vehicle is on the public right-of-way,
the owner or occupant of the property adjacent to the public right-of-way; or
b. Post written notice on the junked vehicle if the address of the last known registered
owner of the junked vehicle is unknown; or
C. Hand deliver notice to the last known registered owner of the junked vehicle if his or
her physical location is known.
(2)
The notice must state the nature of the nuisance, and that
a. The junked vehicle must be abated and removed no later than the 10' day after the
date on which the notice was personally delivered or mailed; and
b. Any request for a hearing must be made in writing and received by the department
before that ten (10) day period expires.
(3)
If any notice is returned undelivered, action to abate the nuisance shall continue to a date not
earlier than the 11i° day after the date of the return.
(4)
In the case where a person receiving notice neither requests a hearing nor abates the nuisance
'
within the ten (10) day period provided in Subsection 9-329(a)(2)a., the department shall, in
compliance with Subsection 9-329(a)(1), give notice of a public hearing, providing the date,
time and place of the hearing.
(b) Hearing.
(1)
The judge of the municipal court shall conduct all hearings under this section.
(2)
If a person receiving notice of a junked vehicle requests a hearing, the public hearing shall
occur not earlier than the I I* day after the date of the service of notice. If a person has not
responded to the initial notice, a public hearing may occur five (5) business days after the
date on the notification of public hearing.
(3)
At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner,
to be inoperable.
(c) Abatement and removal of nuisance.
(1)
Request for abatement and removal ofjunked vehicle.
a. After receiving written notice from the city regarding the public nuisance created by
ajunked vehicle:
1. The owner of the junked vehicle may request and authorize the city to
remove the junked vehicle; or
Ordinance No. 2402-5-05, Page 2
2. The owner or occupant of the private property upon which the junked
vehicle is located may request and authorize the city to remove the junked
' vehicle if the city cannot locate the vehicle's owner.
b. Before the city removes a junked vehicle, the person requesting removal under this
section must execute an authorization and indemnification agreement, thereby
allowing the city to enter the private property and holding the city harmless from any
claim of injury or damage sustained as a result of the removal and disposal of the
junked vehicle in accordance with Section 12-331.
(2) Abatement and removal of junked vehicle after hearing.
Should the municipal court judge find that a junked vehicle, or part thereof, is
located in an area visible from a public place or in a public rigbt-of-way, the judge
shall order abatement and removal of the junked vehicle.
If the information is available at the location of the nuisance, an order requiring
removal of the nuisance must include the vehicle's description, vehicle identification
number, and license plate number.
The municipal court may issue orders necessary to enforce the procedures and
removal of the public nuisance.
Sec. 9-330. Administration of procedures; authority to enforce.
' (a) Regularly salaried, full-time city employees shall administer the procedures outlined in Section 9-329
for abatement and removal of ajunked vehicle, except that any authorized person may remove the
nuisance.
(b) Any employee of a department authorized by the city manager to enforce this division may enter
private property to examine the public nuisance, to obtain information to identify the nuisance, and to
remove or direct removal of the nuisance.
(c) Any person authorized by the city manager, or his designee, may enter private property to remove the
junked vehicle, or part thereof.
Sec. 9-331. Junked vehicle disposal.
(a) A junked vehicle removed under Section 9-329 may not be reconstructed or made operable.
(b) A junked vehicle may be removed to a scrap yard, a motor vehicle demolisher, or any other suitable
site for processing scrap or salvage.
(c) After a proceeding for abatement and removal of a public nuisance commences, removal of the
junked vehicle to another location within the city limits where said vehicle continues to constitute a
public nuisance has no effect on the proceedings already underway.
' Sec. 9-332. Notice to Texas Department of Transportation.
No later than the fifth day of removal of a junked vehicle, the department shall send notice to the
Texas Department of Transportation identifying the vehicle, or part thereof, removed.
Ordinance No. 2402-5-05, Page 3
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Sec. 9-333. Exception.
The provisions of this Article do not apply to a vehicle or vehicle part:
(1) That is completely enclosed in a building in a lawful manner, and is not visible from the
street or other public or private property; or
(2) 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 that is an antique or special interest
vehicle or vehicle part stored by a vehicle collector on the collector's property, where the
vehicle or vehicle part and the outside storage area are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
C. Screened from ordinary public view by appropriate means, including a fence, rapidly
growing trees, or shrubbery.
Sec. 9-334. Offense.
(a) A person commits an offense if the person allows or maintains ajunked vehicle in any place, whether
on private or public property, in view of the public or on a public right-of-way.
(b) An offense under this article is punishable by a fine not to exceed two hundred dollars ($200). A
separate offense occurs each and every day the violation described in Subsection (a) continues.
(c) The municipal court shall order abatement and removal of the public nuisance on conviction of this
offense.
Sec. 9-335 - 9-340. Reserved."
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions of this Ordinance or of the
Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in
the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Two
Hundred Dollars ($200) for each offense, and each and every day said violation is continued shall constitute
a separate offense.
SECTION & This ordinance shall take effect immediately from and after its passage and publication as
required by law.
Ordinance No. 2402-5-05, Page 4
' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF MAY, 2005.
APPROVED:
Stephen Terrell, MAYOR
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APPROVED AS TO FORM: ATTEST:
Peter G. Smith, C ATTORNEY Shelley B. George, TRMC, CITY CRETARY
Ordinance No. 2402-5-05, Page 5