HomeMy WebLinkAboutPO 6375: AMENDING DIVISION 2 (JUNKED AND ABANDONED VEHICLES, JUNKED AND ABANDONED PROPERTY) P. O. NO. 6375
04/05/14 SNSh
ORDINANCE NO.
AN ORDINANCE AMENDING DIVISION 2 (JUNKED
AND ABANDONED VEHICLES) OF ARTICLE IV
(JUNKED AND ABANDONED PROPERTY) OF CHAPTER
34 (ENVIRONMENT) OF THE CODE OF ORDINANCES
OF THE CITY OF PORT ARTHUR
WHEREAS, junked and abandoned motor.vehicles strewn about the
City are a public nuisance as they attract vandalism, creates fire
hazards, and detract from the economic welfare of the City by
creating urban blight which is adverse to the maintenance and
redevelopment of the City; and
WHEREAS, the City is granted authority under Chapter 683,
Subchapter E, to establish procedures through municipal ordinance
for the abatement and removal from private or public property of a
junked vehicle or part thereof as a public nuisance; and
WHEREAS,. amendments are needed to the current ordinance to
provide City of Port Arthur code enforcement officers the tools
necessary to abate the growing public nuisance of junked and
abandoned vehicles within the jurisdictional limits of the City of
Port Arthur while still preserving a citizen's right to due
process; and
WHEREAS, the City Council deems that it would be in the best
interest of the City of Port Arthur and its citizens to amend
Chapter 34 of the Code of Ordinances, particularly Sections 34 -141
through 34 -149 pertaining to junked and abandoned vehicles within
the jurisdictional limits of the City of Port Arthur.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That Section 34 -141 through 34 -149 of the Code
of Ordinances be amended as denoted in the attached Exhibit "A."
Section 3. That this being an Ordinance requiring
publication shall become effective ten (10) days after publication.
Section 4. That a copy of the caption of this Ordinance be
spread upon the minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of April, 2014,
A.D., at a Regular Meeting of the City Council of the City of Port
Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATE OR EY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
EXHIBIT "A"
PART II - CODE OF ORDINANCES
Chapter 34 - ENVIRONMENT
ARTICLE IV. – JUNKED AND ABANDONED PROPERTY
DIVISION 2. JUNKED AND ABANDONED VEHICLES
DIVISION 2. JUNKED AND ABANDONED VEHICLES 21
Sec. 34 -141. Authority.
Sec. 34 -142. Definitions.
Sec. 34 -143. Junked (inoperable) vehicles declared a public nuisance.
Sec. 34 -144. Offense.
Sec. 34 -145. Exceptions.
Sec. 34 -146. Procedure for disposition of junked vehicles.
Sec. 34 -147. Disposal of junked (inoperable) vehicles.
Sec. 34 -148. Authority to enforce.
Sec. 34 -149. Effect of act on other laws.
Secs. 34- 150 -34 -170. Reserved.
Sec. 34 - 141. Authority.
This article is adopted pursuant to the authority provided by the Texas Transportation Code, Chapter
683, Subchapter E, and any successor statutes, to establish procedures for the abatement and removal
from private or public property or public right -of -way of a junked vehicle or part of a junked vehicle as a
public nuisance.
Sec. 34 - 142. Definitions.
Antique vehicle shall mean a passenger car or truck that is at least twenty -five (25) years old.
Junked vehicle shall means any vehicle that:
(1) Is:
a. without a valid, unexpired license plate; or
b. without 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. Forty -eight (48) consecutive hours, if the vehicle is on public property; or
2. Thirty (30) consecutive days if the vehicle is on private property.
(3) Not withstanding the provisions of subsections (1) and (2), a vehicle is a "junked vehicle"
subject to enforcement under this chapter if a city code enforcement officer determines that the
vehicle constitutes a public nuisance due to the presence or threat of vandalism, health and
safety violations, fire hazard, environmental hazard, or constitutes an attractive nuisance.
Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate
of Title Act.
Port Arthur, Texas, Code of Ordinances Page 1
PART II - CODE OF ORDINANCES
Chapter 34 - ENVIRONMENT
ARTICLE IV. — JUNKED AND ABANDONED PROPERTY
DIVISION 2. JUNKED AND ABANDONED VEHICLES
Motor vehicle collector shall mean a person who owns one or more antique or special interest
vehicles and who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles
or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest
vehicle for historic interest.
Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into
processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles.
Special interest vehicle shall mean a motor vehicle of any age which has not been altered or
modified from original manufacturer's specifications and, because of its historic interest, is being
preserved by a hobbyist.
Storage facility shall mean a garage, parking lot, or any type of facility or establishment for the
servicing, repairing, storing, or parking of motor vehicles.
Sec. 34 - 143. Junked (inoperable) vehicles declared a public nuisance.
A junked vehicle which is located in any place where it is visible from a public place or public right -of-
way is detrimental to the safety and welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to
the health and safety of minors, and is detrimental to the economic welfare of the city, by producing urban
blight which is adverse to the maintenance and continuing development of the city, and such vehicles are
therefore, declared to be a public nuisance.
Sec. 34 - 144. Offense.
(a) A person commits an offense if the person allows a junked motor vehicle, as defined under Section
34 -142 of this ordinance, to be visible on their real property from a public place, public right -of -way,
or adjoining real property.
(b) An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred
dollars ($200.00). The minimum fine schedule for a conviction of an offense under this section shall
be as follows:
Conviction Minimum Fine (Per Junked Vehicle)
1 $100.00
2 $150.00
3rd or more $200.00
(c) The court shall order abatement and removal of the nuisance on conviction.
(d) Each day such offense shall continue shall be deemed a separate offense.
Sec. 34 - 145. Exceptions.
The following vehicles or parts thereof are excepted from the provisions of this division:
(1) A vehicle or vehicle part 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.
Port Arthur, Texas, Code of Ordinances Page 2
PART II - CODE OF ORDINANCES
Chapter 34 - ENVIRONMENT
ARTICLE IV. — JUNKED AND ABANDONED PROPERTY
DIVISION 2. JUNKED AND ABANDONED VEHICLES
(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property zoned
for use as and in connection with the business of a licensed vehicle dealer or junkyard.
(3) An unlicensed, operable or inoperable antique or special interest vehicle or part thereof stored
by a motor vehicle collector on the collector's property, provided that the vehicle or part and the
outdoor storage area, if any, 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.
Sec. 34 - 146. Procedure for disposition of junked vehicles.
The procedure for the abatement and removal of a junked vehicle or part thereof, as a public
nuisance, from private property, public property, or public right -of -way shall be as follows:
(1) Notice when on private property. There shall be furnished not less than ten (10) days notice,
stating the nature of the public nuisance on private property and that it must be removed and
abated not later than the tenth day after the date on which the notice was personally delivered
or mailed and further that a request for a hearing must be made before expiration of said ten -
day period. Such notice shall be:
a. Personally delivered or sent by certified mail;
b. With a five -day return requested;
c. To the last known registered owner of the junked vehicle and all lien holders of record and
to the owner or the occupant of the private premises whereupon such public nuisance
exists.
d. If the post office address of the last known registered owner of the nuisance is unknown,
notice may be placed on the nuisance or, if the owner is located, personally delivered.
e. 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 earlier than the eleventh day after the date
of such return.
(2) There shall be furnished not less than ten (10) days' notice, stating the nature of the public
nuisance on public property or on public right -of -way and that it must be removed and abated
not later than the tenth day after the date on which the notice was personally delivered or
mailed and further that a request for hearing must be made before expiration of said ten -day
period. Such notice shall be:
a. Personally delivered or mailed by certified mail;
b. With a five -day return requested;
c. To the last known registered owner of the junked vehicle and all lien holders of record; and,
d. If on public right -of -way, to the owner or occupant of the property adjacent to the public
right -of -way whereupon such public nuisance exists.
e. If the post office address of the last known registered owner of the nuisance is unknown,
notice may be placed on the nuisance or, if the owner is located, personally delivered.
f. 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 earlier than the eleventh day after the date
of such return.
(3) After a vehicle has been removed, it shall not be reconstructed or made operable.
Port Arthur, Texas, Code of Ordinances Page 3
PART II - CODE OF ORDINANCES
Chapter 34 - ENVIRONMENT
ARTICLE IV. — JUNKED AND ABANDONED PROPERTY
DIVISION 2. JUNKED AND ABANDONED VEHICLES
(4) There shall be a public hearing prior to the removal of the vehicle or part thereof as a public
nuisance if such hearing is requested by the last known registered owner of the motor vehicle,
or by any lien holder of record, or 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 said
vehicle is located, or by the police department. The public hearing shall be held before a judge
of the municipal court, not earlier than the eleventh day after the date of the service of notice to
abate the nuisance. At the hearing, the vehicle which is the subject of the junked vehicle
hearing is presumed, unless demonstrated otherwise by the owner, to be inoperable. Any
resolution or order requiring the removal of a junked vehicle or part thereof must include the
vehicle's description, vehicle identification number, and license plate number if the information
is available at the location of the nuisance. A judge of the municipal court of the city may issue
necessary orders to enforce the procedures for the abatement and removal of a public nuisance
under this article.
(5) The relocation of a junked vehicle that is a public nuisance to another location within the city,
after a proceeding for the abatement and removal of such junked vehicle has commenced, has
no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
(6) Notice must be given to the state department of highways and public transportation not later
than the fifth day after the date of removal identifying the vehicle or part thereof. Said
department shall cancel the certificate of title issued for the vehicle immediately on receipt of
such notice.
(7) The administration of the procedures herein shall be by the department of environmental health
and police department of the city and by such other regularly salaried, city employees as may
be from time -to -time granted authority by the city's governing body to enforce this division,
except that the removal of junked vehicles or parts thereof from property may be by any duly
authorized person.
(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the
violation of maintaining a public nuisance, if the nuisance is not removed and abated and a
hearing is not requested within the ten -day period provided in subsections (1) and (2).
Sec. 34 - 147. Disposal of junked (inoperable) vehicles.
A junked vehicle or part thereof may be disposed of by removal to a scrapyard, a motor vehicle
demolisher, or any suitable site operated by the city, for processing as scrap or salvage pursuant to
authority provided in the Texas Transportation Code, § 683.078 or any successor statute for junked
vehicle disposal.
Sec. 34 - 148. Authority to enforce.
Any peace officer, code enforcement officer or other regularly salaried, full -time city employee
authorized to enforce this ordinance, may enter the public areas of any building or premises, but not a
private residence, dwelling, or other completely enclosed structure on private property, at all reasonable
times whenever necessary in the performance of his duties to inspect and investigate for violations of any
law, or to enforce any law. The authority to inspect shall include but not be limited to the authority to
examine vehicles or parts thereof, obtain information as to identity of vehicles and to remove or cause the
removal of a vehicle or part thereof declared to be a nuisance. If such building or premises be occupied
and involved in conducting business, he shall first present proper credentials and demand entry, unless
otherwise permitted by law. If such entry is refused, or, if no owner or other person having charge or
Port Arthur, Texas, Code of Ordinances Page 4
PART II - CODE OF ORDINANCES
Chapter 34 - ENVIRONMENT
ARTICLE IV. — JUNKED AND ABANDONED PROPERTY
DIVISION 2. JUNKED AND ABANDONED VEHICLES
control of the building or premises can be located, he shall have recourse to every remedy provided by
law to secure entry.
Sec. 34 - 149. Effect of act on other laws.
Nothing in this article shall affect laws that permit immediate removal of a vehicle left on public
property which constitutes an obstruction to traffic, or laws that establish procedures for taking
possession of abandoned motor vehicles.
Secs. 34 - 150 — 34 - 170. Reserved.
Port Arthur, Texas, Code of Ordinances Page 5
