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Ordinance 1973-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. 72 -10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR DEFINITIONS; PROVIDING FOR I~WOUND~illNT OF ABANDONED MOTOR VEHICLES; PROVIDING FOR NOTIFICATION TO OWNER AND LIENHOLDERS; PROVIDING FOR PUBLIC AUCTION OR DISPOSAL; DECLARING JUNKED VEHICLES A PUBLIC NUISANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCES; REQUIRING A PUBLIC HEARING; PROVIDING THAT JUNKED VEHICLES BE NOT RECONSTRUCTED OR MADE OPERABLE AFTER REMOVAL; REQUIRING NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADMINISTRATION BY CITY EMPLOYEES; AUTHORITY TO DISPOSE OF JUNKED VEHICLES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE, AND DECLARING AN E~RGENCY . DULY PASSED by the City Council of the City of Wylie, Te xas, on the /3 day 0 f ?,~7,...c:.?;r-c;!!c~L.--, 1973 . APPROVED: (' /~L'/;/~.cL-C -:1'( ~," e~: MAYOR ATTEST: /)') 'A. b ~ A~ CITY SECRETA ORDINANCE NO. "78 - 10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR DEFINITIONS; PROVIDING FOR IMPOUNDMENT OF ABANDONED MOTOR VEHICLES; PROVIDING FOR NOTIFICATION TO OWNER AND LIENHOLDERS; PROVIDING FOR PUBLIC AUCTION OR DISPOSAL; DECLARING JUNKED VEHICLES A PUBLIC NUISANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCES; REQUIRING A PUBLIC HEARING; PROVIDING THAT JUNKED VEHICLES BE NOT RECONSTRUCTED OR MADE OPERABLE AFTER REMOVAL; REQUIRING NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADMINISTRATION BY CITY E~@LOYEES; AUTHORITY TO DISPOSE OF JUNKED VEHICLES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. An "abandoned motor vehicle" is defined as one that is inoperable and over eight (8) years old, and is left un- attended 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 rights-of-way of any designated County, State or Federal Highway within this State in excess of forty-eight (48) hours, or in excess of twelve (12) hours on any Turnpike project constructed and maintained by the Texas Turnpike Authority. A "junked vehicle" means any motor vehicle as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, As Amended, which is inoperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate, and which is wrecked; dismantled; partially dismantled; or discarded. SECTION 2. The Police Department is hereby authorized to take into custody any abandoned motor vehicle found on public or private property. SECTION 3. Upon the impoundment of an abandoned motor vehicle under Section 2, the Police Department shall notify, within ten (10) days thereof, by registered or certified mail, return-receipt requested, the last known registered owner of the motor vehicle and all lienholders of record, pursuant to the Certificate of Title act, As Amended, Article 1436-1, Vernon's Texas Penal Code, that the vehicle has been taken into custody. Such 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 lienholders of their right to reclaim the motor vehicle within twenty (20) days after the date of the Notice upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeepers' charges if Notice is pursuant to the provi- sions hereof dealing with garagekeepers and abandoned vehicles. The Notice shall state that the failure of the owner or lien- holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all 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. SECTION 4. If the identity of the last registered owner cannot be determined, or if the registration contains no ad- dress for the owner: or, if it is impossible to determine with reasonable certainty the identity and addresses of all lien- holders, Notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of Notice pursuant to this ordinance. Such Notice by publication can contain multiple listings of abandoned vehicles. Any such Notice shall be within the time requirements prescribed for Notice by regi- stered or certified mail, and shall have the same contents re- quired for a Notice by registered or certified mail. The conse- quences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid Notice given pursuant to Section 3. SECTION 5. If an abandoned motor vehicle has not been reclaimed as provided for in section 4 of this ordinance, the Police Department shall, after securing a Certificate of Author- ity from the Texas Highway Department, sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and in cases of garagekeepers' liens, the garage- keeper shall be notified of the time and place of such auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the Police Department and shall be entitled to register the purchased vehicle and receive a Certificate of Title. The Police Department shall reimburse itself from the proceeds of the sale for the expenses of the auction, the costs of towing, preservation, and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all Notice and publication costs incurred pur- suant to Section 4 of this ordinance. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety days, and then shall be deposited in a 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 motor vehicles are insufficient to meet these expenses and costs. SECTION 6. Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandal- ism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the City, by producing urban blight which is adverse to the maintenance and continu- ing development of the City, and such vehicles are, therefore, declared to be public nuisances. The Police Department of the City of Wylie is hereby authorized to abate and remove such junked vehicles or parts thereof, as public nuisances, from private property, public property or public rights-of-way upon the terms and conditions of this ordinance and with the exceptions hereinafter set out. SECTION 7. Upon complaint, or upon its own initiative, the Police Department may initiate appropriate official action to re- move and abate a public nuisance in the nature of a junked vehicle. Upon the initiation of action, a Notice 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 hearing must be made before the expiration of the said ten (10) day period, such Notice to be mailed, by certified or registered mail with a five (5) day return requested to the owner or occu- pant of the private premises where the public nuisance exists. If the Notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. Should the public nuisance exist on public property or on a public right-of-way, Notice must be given that it must be removed and abated within ten (10) days and, further, that a request for hearing must be made before expiration of the ten (10) day period, such Notice to be mailed by certified or registered mail with a five (5) day return requested, to 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 where such public nuisance exists. If the Notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. SECTION 8. After a vehicle has been removed under Section 6, above, it shall not be reconstructed or made operable. When a hearing is requested by the owner or the 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 a junked vehicle is located, in accordance with the terms of this ordinance, a public hearing shall be held prior to the removal of said vehicle or part thereof as a public nuisance before the City Council of the City of Wylie Upon determination by the City Council that said vehicle is a public nuisance and that it should be removed, a Resolution of the Council requiring the removal of the vehicle or part thereof shall be prepared and passed and shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site. Notice shall be given to the Texas Highway Department within five (5) days after the date of removal identifying the vehicle or part thereof. SECTION 9. The provisions of this ordinance shall not apply to (1) a vehicle or part thereof which is completely enclosed with- in a building in a lawful manner where it is not visible from the street or other public or private property, (2) 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 junk yard, or, (3) unlicensed, operable or inoperable antique and special-interest vehicles stored by a collector on his property, provided that the vehicles and the 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. SECTION 10. The provisions of this ordinance shall be carried out and administered by regularly salaried, full-time employees of the City, except that the removal of vehicles or parts thereof from property may be by any other person duly authorized by the City Council. SECTION 11. Junked vehicles, or parts thereof, may be dis- posed of by removal to a scrap yard, demolishers, or any suitable site operated by the City for processing as scrap or salvage. SECTION 12. The City Manager, Chief of Police or their duly authorized representative is hereby directed and authorized to enter upon private property for the examination of vehicles or parts there- of, to obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this ordinance. The Municipal Court shall have authority to issue any order necessary to enforce this procedure. SECTION 13. Any other ordinance of the City of Wylie in conflict herewith is hereby repealed. SECTION 14. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Wylie, Texas, be fined in an amount not to exceed the sum of TWO HUNDRED DOLLARS ($200.00) for each offense, and each and every day said violation shall continue shall be deemed to constitute a separate offense. SECTION 15. Should any Article, paragraph, subdivision, clause, phrase, or provision of this ordinance be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or un- constitutional. SECTION 16. The fact that the present ordinance of the City of Wylie is inadequate to control junked and abandoned ve- hicles on public and private property within the City creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED by the City Council of..,..the City % Wylie, Texas, on the /3 day of ~/7'~-?~~-t.-; 1973. APPROVED: c-( "--r_,-:;-I~'-L ~c- --( <-~l MAYOR ATTEST: ~j"" ~~ CITY SEC ARY iltP~R~VED ~S "TO ,fORM: fr' , I) (" f. r' l' n"Q" i J. ' ( "" ! :, I "I '1 (/ ... "...... 1 / ~ \f~(}Jvef.j-i< v\ I [; "-c1cl( IL-fA:::l!f' CITY ATTORNEY