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ORD 1989-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. n 89-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REGULATING AND RESTRICTING THE ALLOWANCE OF ABANDONED AND JUNKED VEHICLES TO REMAIN ON PUBLIC OR PRIVATE PROPERTY; DEFINING CERTAIN TERMS HEREIN; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; DECLARING A PUBLIC NUISANCE; PROVIDING FOR THE NOTIFICATION TO THE OWNER OF THE PREMISES ON WHICH AN ABANDONED OR JUNKED CAR IS LOCATED; PROVIDING FOR THE SALE OR DISPOSITION OF ABANDONED OR JUNKED MOTOR VEHICLES; PROVIDING FOR A PUBLIC HEARING PRIOR TO THE REMOVAL OF AN ABANDONED OR JUNKED MOTOR VEHICLE; PROVIDING FOR EXCEPTIONS; PROVIDING FOR AUTHORITY OF OFFICERS TO ENFORCE THE TERMS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") is authorized and empowered pursuant to article 4477-9a, Tex. Rev. Civ. Stat. Ann. (Vernon), as amended, to establish rules and regulations regarding abandoned and junked motor vehicles; and WHEREAS, the Town desires to establish such regulations and procedures for the removal of abandoned or junked motor vehicles within the Town limits; and WHEREAS, the Town Council does hereby find and determine that the adoption of this ordinance is in the best interest of the public health, safety, morals and general welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Definitions. For purposes of this ordinance, the following definitions apply, to wit: "Abandoned motor vehicle" means a motor vehicle that is inoperable and more than eight (8) years old and left unattended 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 0211j/5 unattended on the right -of --way of a designated county, state, or federal highway within the Town for more than forty-eight (48) hours. "Antique auto" means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five (35) years old. "Collector" means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. "Demolisher" means a person whose business is to convert a motor vehicle into processed scrap metal or to otherwise wreck or dismantle a motor vehicle. "Garagekeeper" means an owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair or maintenance of a motor vehicle. "Junked vehicle" means a motor vehicle as defined in article 670ld--11, V.T.C.S.: (A) that is inoperative; and (B) that does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of more than 45 days. "Motor vehicle" means a motor vehicle subject to registration under article 6687-1, Vernon's Texas Civil Statutes, the Certificate of Title Act, except that for purposes of Sections 2, 4(c), 4(d) and 4(e) of this ordinance, "motor vehicle" includes a motorboat, outboard motor, or vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. "Marshal" means the Town Marshal of the Town. of Trophy Club, Texas. "Police department" means the police department of the Town of Trophy Club, whether established by an interlocal cooperation agreement or otherwise, and includes the Marshal. 0211] -2- "Special interest vehicle" means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. "Storage facility" means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles. Section 2. Abandoned Motor Vehicles. A. Authority to Take Possession. The police department or Marshal may take into custody an abandoned motor vehicle found on public or private property. The police department or Marshal may employ its own personnel, equipment, and facilities, or when specifically authorized by the Town Council, hire persons, equipment, and facilities to remove, preserve and store an abandoned motor vehicle it takes into custody. B. Notice. (1) In the event the police department or Marshal takes into custody an abandoned motor vehicle, it shall notify, not later than the 10th day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lien holders of record pursuant to the Certificate of Title Act (article 6687-1, V.T.C.S.), that the vehicle has been taken into custody. The 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 lien holders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges, if applicable. The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. (2) If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lien holders, notice by one publication in one newspaper of general circulation in the Town is sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. 0211] -3- C. Storage Fees. When the police department has taken custody of an abandoned motor vehicle, the Town shall be entitled to reasonable storage fees for: (1) a period of not more than 10 days beginning on the day the department takes custody and continuing through the day the department mails notice as provided by this section; and (2) a period beginning on the day after the day the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. D. Sale or Other Disposition. (1) 1f an abandoned motor vehicle has not been reclaimed as provided, the police department shall sell the abandoned motor vehicle at a public auction. Such auction shall be held as required by and in accordance with the provisions of Section 5.04 of article 4477-9a, V.T.C.S. (2) The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be in accordance with sections 5.04 and 5.05 of article 4477-9a, V.T.C.S. (3) The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard thereto shall be in accordance with section 7 of Article 6687-9, V.A.C.S. Section 3. Junked Vehicles. A. Declaration of Public Nuisance. (1) A junked vehicle that is located in a 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 Town by producing urban blight adverse to the maintenance and continuing development of the Town, and is a public nuisance. (2) A person commits an offense if that person maintains such a public nuisance on property owned by him or under his control. (3) A person who commits an offense under this section is, on conviction, subject to a fine not to exceed Two Hundred Dollars ($200.00). On conviction, the court shall order removal and abatement of the nuisance. 0211] -4- B. Abatement of Nuisance. (1) Found on Private Property: In the event a junked vehicle constituting a public nuisance is found on private property, the Town shall notify the last known registered owner of the junked motor vehicle, any lien holder of record and the owner or occupant of the private premises on which the public nuisance exists, in writing by certified mail with a 5 -day return requested, which notice shall state the nature of the public nuisance, that such public nuisance must be removed and abated from such private property within 10 days, and that a request for a hearing must be made before expiration of the 10 -day period. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than 10 days after the date of the return. (2) Found on Public Property: In the event a junked vehicle constituting a public nuisance is found on public property, notice in writing must be mailed, by certified mail with a 5 -day return requested to the last known registered owner of the junked motor vehicle, any lien holder of record and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, which notice shall state the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the 10 -day period. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. (3) Any junked vehicle constituting a nuisance hereunder which is removed from either private or public property shall not be reconstructed or made operable. (4) Public Hearing: (a) A public hearing shall be held before the municipal judge of the Town before the removal of a vehicle or vehicle part constituting a public nuisance if such a hearing is requested by the owner or occupant of the private or public premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within 10 days after service of the notice to abate the nuisance. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order requiring the removal of such vehicle or vehicle part and shall in such 0211] -5- order include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site. (b) If such a public hearing is not requested, the municipal judge shall nevertheless conduct a public hearing relative to the removal and abatement of the nuisance. if, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order as outlined in the immediately preceding paragraph. In addition, the Town may file a complaint in an appropriate court seeking injunctive relief and/or any other legal remedy available to it. (5) In the event of removal of an abandoned motor vehicle as provided herein, notice shall be given to the State Department of Highways and Public Transportation not later than the fifth day after the date of removal. Such notice must identify the vehicle or vehicle part. C. Exceptions,. The procedures of this section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part 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 an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in a manner so 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. D. Authority to Enforce. The police department, Town Marshal, Town Building Official or Code Enforcement Officer shall be and is hereby authorized to administer the procedures authorized by this ordinance and such persons may enter private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle pant that constitutes a nuisance. The municipal court shall be authorized to issue orders necessary to enforce the procedures of this division. Section 4. This ordinance shall not affect any law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property. Section 5. That the procedures for removal of junked or abandoned motor vehicles as herein established have been made for the purpose of promoting the health, safety, morals and the general welfare of the Town. 0211] Section 6. That this ordinance shall be cumulative of all other ordinances of the Town affecting vehicles and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Provided, however, that Ordinance No. 85---17 of the Town shall be and is hereby repealed, which repeal shall take effect upon the effective date of this ordinance but the said Ordinance No. 85-17 is not repealed but shall remain in effect as to any complaint, action, claim or lawsuit pending on the date of adoption of this ordinance, which complaint, action, claim or lawsuit shall be governed by the said Ordinance No. 85-17. Section 7. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutionall by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the Town Council hereby declares it would have passed such remaining of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined, except as otherwise provided herein, in a sum not to exceed Two Thousand Dollars (,$2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. That this ordinance shall become effective from and after the date of its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 18_ day of July .._, 1989. Mayor, Town of ATT TT To n Secretary Town of Trophy Club, Texas ISEAL I APP ,VED A F RM : wn Ittorney Town f Trophy Club, Texas 0211] 7- ophy Club, Texas