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Ordinance 1968-04 o}-mIUAi~CE NO. ~g ,- LJ AU ORDINANCE HAKLiG IT UNLA\..jFUL AlJD DECLA}UNG A NUISANCE FOR ANY PE}~SOi~, FIEt'I 01~ C01\PORATIOiJ TO ABArmON, LLAVE OJ~ PAJ,zK FOE A PE1UOD LONGLR THAN THIRTY DAYS O;~ AJ~Y LOT, STELLT, ALLEY OR PARCEL Of LAND IN TIlE CITY OF Wylie ANY !10TOR VEhICLE OR PARTS THEREOF, \-JEICH :10TOE VLilJ......:......... IS IN SUCH CONDITION SO AS TO MAKE IT IMPRACTICAL OF BLING DRIVElJ OR LEGALLY OPEl~ATED AND IS !'JOT CURREiJTLY REGISTERED OR DOES NOT BEAR A CUlZREUT STATE II1SPECTIQII STICKER; PROVIDING FOR CERTAIN EXCEPTIONS THERETO; PRO- VIDING FOR THE H1POU;mING AND ULTIlIATE DISPOSAL OF ANY SUCri VLJiICLL 01\ P/I.l\T TliL1\EOF; Pl\OVIDING FOR A PENALTY F01\ TilL VIOLATIOiJ OF THIS 01WINANCE; PROVIDING FOR THL PUBLICA.i.'ION OF TiE CAPTION OF THIS ORDINAiJCL AND AN LF- FLCTIVL DATE TdERLOF. dE IT OKDALJLD BY ThE CITY COUNCIL OF n,~- ." J.ilL CITY OF Wylie frE~<AS : SECTION 1: That from and after the effective date of this ordinance it sh~ll be unlawful, and it is declared a nuisance for any person, firm or corporation to abandon, leave or park any motor vehicle or part thereof on any lot, street, alley or parcel of land in the City of Wylie Texas, for a period of longer than thirty (30) days, whicn said mater vehicle is incapable of being driven or legally operateu upon the pUDlic streets of tne City of Wylie, or wnlcn said motor vehicle does not bear a current state inspection stickel'. SECTION 2: That from and after the effective date of this ordinanc~ it snall De unlawful for any person, firm or corporation owning or having the present right of occupancy of any lot or parcel or lana situated ill the City of Wylie, Texas, to allow any motor vehicle or part thereof as des- cribeu in Section 1 hereof to be abandoneu, left or parked on such lot or parcel of land for a period of longer than thirty (30) Gays; :[)rovided, hovvever, that if the person, firm or corporation owning or having the rignt of Dresent occupancy of said lot or parcel of land is not the owner of SUCll abandoned or parked motor vehicle, then they shall oe allm-JeG a Df;;.riod of t'denty (20) days from notification ~o remove saia motor venicle or part thereof before becoming liable for the penalties provided for in this oruinance. Such notice si1all be given DY the Cnief of Police of the City of Wylie, either by registered mail or regular mail properly addressed to the last known mailing adaress of the owner of such tract of lanu or the person having the present rignt of occupancy thereof. SECTION 3: That it shall De the duty of the Chief of Police of the City of Jylie anu his assistants to cause to De taken up and impounded any motor vehicle or part thereof whicll is abandoned, left or parked in violation of any of the terms of this ordinance and for that pur- pose, the Chief of Polic'~ ()Y' his dulV desie;nated assist- ants are given the right to go onto any premises within the City of 'vJylie wi tnoutcne consent of the owner or tenant thereof ana to forcibly, if necessary, remove and impouna sucn motor vehicle or part thereof. The Chief of Police of the City of Wylie shall impound and store such aoandonea vehicles In a place suitable for that purpose and a charge shall De made against the owner thereof for wrecker service not to exceed $10.00 and for the storage of such motor vehicle at the rate of $1.00 per day for each and every day tnat such motor venicle or part thereof shall be in~ounded and after the expiration of thirty (30) days from the date of such impouncling, the Chief of Police shall proceed to auction off the same to the highest bidder In order to satisfy the accruea storage fees as provided for herein. 'Lle Chief of Police shall give notice of such sale by posting notice thereof in at least three (3) public places in tHe City of Wylie at least ten (10) days prior to the date of sale, ,vhich notice srciLl briefly describe tne venicle, the place where the same was aoandoned, left or parked, dnd snall give tne time and place of such sale. SECTION 4: Any Derson " , firm or corporation who is found to De guilty of the violation of any term or provision of this ordinance shall De deemea guilty of a misdemeanor ana upon conviction shall be fined any sum not to exceed $200.00. Provided however that nothing contained herein shall preclude a suit for the abatement of the nuisance declared herein. SECTION 5: The prov~s~ons of this ordinance shall not be applicable to a lawful business conducted ~n an area properly zoned for automobile wrecking and when such bus- iness is conaucted in compliance with the regulations affecting tne same or ~o any such business situated on a traCL of lana properly used for such purpose as a non- conforming use as that term ~s defined in Ordinance No. /;2 -cS- of ~he City of Wylie, Texas. SECTION 6: The caption of this ordinance shall be published one time in a newspaper having general circulation in the City of Wylie, Texas, and shall be effective ten (10) days after its adoption and such publication. PASSED AND APPROVED by the City Council of tne City of idylie, Texas, on this the 9th day of 1\0\ CORRECTLY RLCORDED: ~ cICfNilttfl'i'i~7-L/ De me duty of the Chief of Pollee of. the City of Wylie and his assistants to cause to 'be takim up and impounded any motor vehicle or part thereof ,which is abandoned, ,left or parked in violation < of any of the terms of 'this ordinance and for that pur-. pose; tile Chief. of Pollee or his duly designated assistants are given the right to ~o \lnto any pre- . mfses wlthln the City of Wylle without the consent of the owner or tenant thereof and to forclbly if necessary, remove and Impound such motor vehicle or 'part thereof. The Chief of Pollee of the City of Wylle shall Impound and store such' abandoned vehicles In a: place 'suitable for that purpose and a charge shall be made agalnstthe owner. thereof for wrecker service not to exceed $10.00 and for the storage of such motor vehicle at the rate of $1.00 per day for each and every day that such motor vehicle or part thereof shall be Impounded and after the expiration of thirty (30) days' from the date of such' . Impounding, the Chief of. Police shall, pro- ceed to auction off the sarrle to the highest bidder In order to satisfy the accrued storage fees as provided for tile rein. The' Chietof Pdlk~' shall give notice . of' such . sale by posting notice thereof in at least three (3) publlc places In the City of Wylie at least ten (lO)days prior to . the date of sale, which notice shall briefly des- cribe the vehicle,' the p'lace where the samE! was , abandoned, left orparked, and shallgl ve the time and place of such sale. otbINANCE NO. 68-4 A~ORDlNANCE MAKING In;' UNLAWFUL AND DICLARING A NUIS- ~CE FORANYPERSON FQ\M OR CORPORA nON Te) ABANDON, LEAVE' OR PARK. FOR A, PERIOD LONGER THAN THIRTY DAYS ON. ANY LOT, STREET, ALLEY OR, PARCEL OF LAND INleT HE CITY OF WYLIE, AllY MOTOR VEHICLE 08.. PARTS THEREOF WHICH MOTOR VEHICLE IS IN SUCH CONDlTlON SO AS TO MAKE IT IMPRACTICAL OF BE- ~G . DRIVEN " OR ~GALLY OPER~TED . D.ISNO'P CURRENtLY \";GISTERED OR. DOES ~T BEAR A cl;JaRENT ATE. INSPECTION ICKER; PROVIDiNG 'bR CERTAIN EXCEP~ T.l.Q.NS THERETO; PRO- 'tIDING FOR THE iM- IUNDlNG AND ULTI- ATE DlSPOSALOF ANY . CH VEHICLE OR PART HEREOF; PROVIDING , OR A PENALTY FOR HE VIOLA nON OF THts f:RDINANCE; ,PROV1B- G FOR THE PUBLICA- ION OF THE CAPTION F THIS ORDINANCE NO AN EFFECTIVE lATE THEREOF. E IT ORDAINED BY HE CITY COUNCib,~F HE CITY OF WYClE. EXAS: ,', , CnON I: That from ... d ,,,.<<,,,",,,,"re do" <if this ordinance ,it shAll lie unlawful, and It ie ic1ared a nuisance for y person, firm: orcor- ,r. ationto ab a,ndon, leave r park any motor hlcle or part thereof n any lot, street" alley r . parcel of land In the Ity of. Wyllel Texas, fOr t period of longer than irty (30 days, which s.ald oter vehicle Is Incap- ble of being driven or ~gally operated upon the tubllc streets of the City ~f Wylie, or which sllld ~ot<lr vehlcl,e does not., ear a eurrent state, spectlOn sticker. , ~ECTION 2: That from Ind after the effective date )f this ordinance, It shall ~e unlawfUl fo,r any erson, firm or corpora- Ion owning or having the ~resent rlgnt of occupancy )f any lot or parcel or land situated in the City bf Wylie, Texas, to allow ny motor vehkle or part hereof as described In ection 1 hereof,to be bandoned, left or parked n such lot or parcel of and for a period of longer han thirty (30) days; pro- Ided, however, that if the erson, . firm or corpora'- ion pwning or having t!ie ightofpresentoccupancy f said lot or parcel of and is not the owner of uch abandoned or parked otor vehicle; then tltey hall be allowed a period f twenty (20) days from otlficatton to rem 0 v e aid motor vehicle or part hereof before becomln'g lable for the penalties rovided for In thls,or,di!l~ nee. Such notice shall'be i ven by the elilef of ollce oftheCltydfWylie Ither by registered mati r reguia r mall properly ddressed to the last nown malllhg address f the owner of ,such tract f land or the person ha v- ng the presen~ ):"Ight of ccupancy therE\6U '" !SECTION 3: T6ai: Itshall ,'" ONEIDA GALLAGHER t CITY SECRETA1l.Y' ".'0 """- SECTION 4: Any person, firm or corporation who is found to be guilty of the violation of any term or provision of this ordin- and ,.' shall. be deemed guilty of misdemeanor and upon etliivlctibn shall be fined. '~llnysum lI.9,t ,~o exce,ed. $200,00. Provided noweve'r tnat nothing' cOn~ talned herein shall pre~ elude a suit for the abatement of the nuisance declared herein. SECTION 5: The provi- sions of this ordinance shall not be applicable to a lawful business con- ducted in an area propei:1y zoned for' automobile wrecking and when such Qusiness is conducted In compliance with the regu- lations affecting the same or to any such business situated on a tract of land properly used for "such purpose as a non-con- forming use as that term Is. defined .In.ordlnance No. . 6-5 . of ,the City of Wylle, Texas. SECTION 6: The caption . of this ordinance shall be published one time In a newspaper having general C.I.rcula. tlon In the C.ity of Wylle, Texas, and shall be effective ten (10) days after its adoption and such publlcation, PASSED ANDAPPROVED by the City Council of the City of Wylle, Texas. on this the 9th daYdf July 1968. ' ' ROY HALL, MAYOR Correctly Recorded: