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HomeMy WebLinkAbout(1)JUNK MOTOR VEHICLE ORDINANCEMemo To= Steve Fitzgibbons, City Manager From: Lawrence Baker, Director of Community Services Date-' 04/07/03 Re= Enforcement of Junk MotorVehicle Ordinance Our Junk Motor Vehicle Ordinance is based on the State Transportation Code V.T.C.A. Subchapter E. Junk Vehicles: Public Nuisances; Abatement. Section 683.07'1 defines a junk motor vehicle. This section identifies the criteda used to determine what constitutes a junk motor vehicle. It identifies the physical characteristics of a junk motor vehicle. It identifies the locations where these junk motor vehicles can be found and the notification requirements for abating these nuisances. In order to enforce this code, Environmental Inspectors have to go on private property to record the necessary information, (VIN number, description of vehicle and license number), on the vehicle. When investigating a nuisance our officers are required to identify themselves at all times. All Code Enforcement Inspectors have City vehicles and are issued badges for additional identification purposes. Section 683.072 declares all junk motor vehicles to be Public Nuisances and states, "a junked motor vehicle, including a part of a junk vehicle, that is visible from a public place or right-of-way is detrimental to the safety and welfare of the public. Section 683.074. Authority to Abate Nuisance Procedures; states that a Municipality has the authority to abate or remove a junk vehicle from private or public property. Section (e) of this section states, "A person authorized to administer the procedures may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance." Storage of junk vehicles on property poses hazards to the neighborhood and the environment and: (1) tends to reduce the value of private property; (2) invites vandalism; · Page 1 (3) creates a fire hazard; (4) is an attractive nuisance creating a hazard to the health and safety of minors; (5) produces urban blight adverse to maintenance and continuing development of municipalities; and is a public nuisance." Enforcing this Ordinance has proven to be the most politically sensitive aspect of code enforcement by our Environmental Health Division. Owners do not want to part with these vehicles. Owners feel it is their dght to keep as many vehicles as they want, irregardless of the appearance or physical condition of these vehicles. Numerous efforts are made by citizens to hold on to these vehicles. In order to comply with this ordinance, vehicles must have current inspection stickers, the license must be current, and the vehicle must be able to operate. These vehicles cannot be seen from any public right-of-way or pdvate property. Recent amendments to the State Junk Motor Vehicle Code, has reduced the time frame for which a vehicle is allowed to sit on public or private property. I have attached a copy of the Subchapter E. This explains in detail the junk motor vehicle policy and enforcement procedures. It establishes the enforcement parameters for investigating these nuisances in Section 683.072. and Section 683.074 asserts a City's authority to abate junk vehicle nuisances. · Page 2 SUBCHAPTER E. JUNKED VEHICLES: PUBLIC NUISANCE; ABATEMENT § 683.071. Definition In this subchapter, "junked vehicle" means a vehicle that is self-propelled and: (1) does not have lawfully attached 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: (i) 72 consecutive hours, if the vehicle is on pubhc property; or (ii) 30 consecutive days, if the vehicle is on private property. Acts 1995, 74th Leg., ch. t65, § 1, eft. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 746, § 1, eft. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 798, § 1, eff. Sept. I, 200 i. § 683.072. Junked Vehicle Declared to be Public Nniqam'e A junked vehicle, including a part of a junked vehicle, that is viable from a public place or public fight-of-way: (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; (5) is an attractive nuisance creating a hazard to the health and safety of n'finors; (6) produces urban blight adverse to the maintenance and continuing development of municipalities; and (7) is a public nuisance. Acts 1995, 74th Leg., ch. 165, § 1, eft. Sept. 1, 1995. § 683.073. Offense (a) A person commits an offense if the person maintains a public nuisance described by Section 683.072. (b) An offense under this section is a misdemeanor punishable by a fmc not to exceed $200. (c) The cour~ shall erder abatement and removal of the nuisance on conviction. Acts 1995, 74th Leg., ch. 165, § 1, eft. Sept. I, 1995. § 683.074. Authority to Abate Nuisance; Procedure. s (a) A municipality or county may adopt procedures that conform to this suhchapter for the abatement and removal from private or public proper~y or a public fight-of-way of a junked vehicle or part of a junked vehicle as a public nuisance. (b) The procedures must: (1) prohibit a vehicle from being reconstructed or made operable after removal; (2) require a public hearing before removal of the publ/c nuisance; and (3) require that notice identifying the vehicle or pan of the vehicle be given to the deparrmem not later than the fifth day after the date of removal. (c) An appropriate court of the municipality or county may issue necessary orders to enforce thc procedures. (d) Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the municipality or county, except that any authorized person may remove the nuisance (e) A person authorized to administer the procedures may enter private property to examine a public nuisance, to obtain information to identify thc nuisance, and to remove or direct the removal of thc nuisance. (f) On receipt of notice of removal under Subsection Co)(3), the department shall immediately cancel the eertifrcatc of title issued for the vehicle. (g) The procedures may provide that the relocation of a junked vehicle that is a public nuisance to another location m the same municipality or county after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. Acts 1995, 74th Leg., ch. 165, § 1, elf. Sept. 1, 1995 Amended by Ac~s 1999, 76th Leg., ch. 1226, § 1, elf. June 18, 1999. § 683.075 Notice (a) The procedures for the abatement and removal of a public nuisance under this subchapter must provide not less than 10 days' notice of the nature of the nuisance. The nonce must be personally delivered or sent by certified mall with a five-day return requested to: ( 1 ) the last known registered owner of the nuisance; (2) each lienholder of reanrd of the nuisance; and (3) the owner ur occupant of: (A) the property on which the nuisance is located; or (B) if the nuisance is located on a public right-of-way, the property adjacent to thc right-of-way. Co) Thc notice must state that: (1) the nuisenoe must be abated end removed not later then the 10th day after the date on which the notice was personally delivered or mailed; and (2) any request for a hearing must be made before that 10-day period expires. (c) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed o~ the nuisance or, if the ow'ncr is located, personal~y delivered. (d) If notice is returned undelivere~., action to abate the nuisence shall be continued to a date not earlier than the 1 lth day after the date of the return. Acts 1995, 74th Leg., oh. 165, § 1, eft. Sept. I, 1995. Amended by Acts 2001, 77th Leg., ch. 413, § 13, eft. Sept. 1,2001. § 683.076. Hearing (a) The governing body of the municipality or county or a board, commission, or official designated by the goveraing body shall conduct hearings under the procedures adopted under this subehsprer. Co) If a hearing is requested by a person for whom notice is required under Section 683.075(a)0), the hearing shall be held not earlier then the 1 lth day after the date of the service of nolice. (c) At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (d) If the information is available at the location of the nuisance, a resolution or order requiring removal of the nmsance must include the vehicle's: (1) description; (2) vehicle identification number; and (3) license plate number. Acts 1995, 74th Leg., ch. 165, § 1, elf. Sept. 1, 1995. § 683.0765. Alternative Procedure for Administrative Hearing A municipality by ordinance may provide for en administrative adjudication process under which en administrative penalty may be imposed for the enforcement of an ordinance adopted under th. is subchapter. If a municipality provides for an administrative adjudication process under this section, the municipality shall use the procedure described by Section 54.044, Local Government Code. Added by Acts 2001 77th Leg., ch. 413, § 14, eft. Sept. 1, 2001. § 683.077. Inapplicability of Subchapter (a) Procedures adopted under Section 683.074 or 683.0765 may not apply to a vehicle or vehicle pan: (l) that is completely enclosed in a building m a lawful mariner 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 stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: (A) maintained in en orderly manner; (B) aot a health hazard; and (C) screened from ordinal' public view by appropriate means, including a fence, rapidly gl'owing trees, or simabbea"y. Co) In this section: (1) "Antique vehicle" means a passenger car or truck that is at least 25 years old. (2) "Motor vehicle collector" means a person who: (Al owns one or more antique or special interest vehicles; and (B) acquires, collects, or disposes of an entique or special interest vehicle or pan of an antique or special interest vehicle for personal use to restore end preserve en antique or special interest vehicle for historic interest. (3) "Special interest vehicle" means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Acts 1995, 74th Leg., ch. 165, § 1, eft. Sept. I, 1995. Amended by Acts 2001, 77th Leg., ch. 413, ~ 15, eft. Sept. 1, 2001; Acta 2001, 77th Leg., ch. 1431,.§ 1, eft. Sept. 1, 2001. § 683.078. Junked Vehicle Disposal (a) A junked vehicle, including a pm of a junked vehicle, may be removed to a scrapyard, a motor vehicle demolisher, or a suitable site operated by a municipality or county. Co) A municipality or county may operate a disposal site if its governing body determines that commercial disposition of.iunked vehicles is not available or is inadequate. A municipality or county may: (1) finally dispose of a junked vehicle or vehicle pan; or (2} transfer it to enother disposal site if the disposal is scrap or salvage only. Acts 1995, 74th Leg., ch. 165, § 1, eft. Sept. I, 1995.