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HomeMy WebLinkAboutOrdinance 6651 ORDINANCE NO . AN ORDINANCE REGULATING JUNKED VEHICLES BY AMENDING CHAPTER 26, ARTICLE VII, SECTION 26-124, SECTIONS 26-126 THROUGH 26-130, IN- CLUSIVE, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, 1964, AS AMENDED, PROVIDING DEFINITIONS ; PROVIDING FOR A 10-DAY NOTICE TO ABATE NUISANCE; PROVIDING FOR CONTENTS OF SUCH NOTICE; PROVIDING FOR SERVICE OF SUCH NOTICE TO ABATE NUISANCE BY CERTIFIED AND REGISTERED MAIL; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR FILING OF NOTICE OF ABATEMENT WITH THE TEXAS HIGHWAY DEPARTMENT; PROVIDING THAT REMOVAL OF SUCH JUNKED VEHI- CLE PRECLUDES SUCH JUNKED VEHICLE BEING RE- CONSTRUCTED OR MADE OPERABLE; PROVIDING FOR ADMINISTRATION BY THE DIRECTOR OF THE DE- PARTMENT OF PUBLIC HEALTH; PERMITTING ENTRY UPON PRIVATE PROPERTY BY HEALTH DEPARTMENT EMPLOYEES FOR PURPOSES OF INSPECTING AND ENFORCING THE JUNKED VEHICLE ORDINANCE; PRO- HIBITING UNAUTHORIZED PARKING ON PRIVATE PROPERTY AND PROVIDING EXCEPTION THERETO; AND BY REPEALING SECTIONS 26-131, 26-132, AND 26-133 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, 1964, AS AMENDED ; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL THE PROVISIONS OF THE CITY CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, there are or may be in the future junked vehicles left about the City other than in junk yards or other appro- priate places ; and WHEREAS, such condition tends to interfere with the enjoy- ment of and reduce the value of private property, invite plun- dering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well being of the public, and create, extend, and aggravate urban blight; and WHEREAS, adequate protection of the public health, safety and welfare requires that such condition be abated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That Chapter 26, Section 26-124, of the Code of the City of Fort Worth, Texas, 1964, as amended, is hereby amended and, after having been so amended, shall hereafter read as follows : "Sec. 26-124. Definitions . "In addition to the terms defined in section 26-1, whenever the following terms are used in this article they shall have the meanings respectively ascribed to them in this section: "Junked vehicle. Any vehicle as defined in section 1 of Article 827a, 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 certification and which is wrecked; dismantled; partially dismantled; or discarded. The provisions hereof shall not ap- ply to vehicles in operable condition specially adopted or constructed for racing or operation on privately owned drag strips or raceway's, ve- hicles retained by the owner for antique collec- tion purposes rather than for salvage or for transportation, nor vehicles stored as the prop- erty of a member of the armed forces of the United States who is on active duty assignment outside the continental and territorial limits of the United States . "Person. Any individual, firm, partnership, association, corporation, company or organization of any kind. " SECTION 2 . That Chapter 26, Section 26-126, of the Code of the City of Fort Worth, Texas, 1964, as amended, is hereby amended and, after having been so amended, shall hereafter read as follows : "Sec . 26-126 . Notice to abate nuisance. "Whenever any such public nuisance exists in the city in violation of section 26-125 here- of, the director of the department of public health shall order the owner of the real property, if in possession of the premises, or the occupant, if any, of the premises whereupon such public nuisance exists to abate or remove the same. Such order shall be in writing, shall give not - 2 - less than ten (10) days ' notice, shall specify the nature of the public nuisance and its loca- tion, shall include a description of the vehi- cle, and the correct identification number and license number of the vehicle, if available at the site, shall specify that it must be removed and abated within ten (10) days, and shall spec- ify that a request for a hearing must be made before expiration of said ten (10) day period. Copies of the order shall be served upon the owner of the real property, if in possession of the premises, or the occupant, if any, by serv- ing him or them personally or by sending the copies by certified or registered mail with a 5-day return receipt requested, to the last known address of such person or persons . If said order is returned undelivered by the United States Post Office, official action by the di- rector of the department of public health to abate such nuisance shall be continued to a date not less than ten (10) days from the date of such return. A public hearing prior to re- moval of such junked vehicle must be held be- fore the director of the department of public health if such hearing is requested within ten (10) days after service of notice to abate the nuisance by the owner or occupant of the prem- ises on which such junked vehicle is located. "Within five (5) days after the date of removal of such junked vehicle the director of the department of public health shall deliver to the Texas Highway Department notice identi- fying the vehicle or part thereof. Any such junked vehicle removed under the provisions of this article shall not be reconstructed or made operable. " SECTION 3 . That Chapter 26, Section 26-127, of the Code of the City of Fort Worth, Texas, 1964, as amended, is hereby amended and, after having been so amended, shall hereafter read as follows : "Sec. 26-127 . Administration. "This article is to be administered by the director of the department of public health, his agents and employees, except that the removal of vehicles or parts thereof from property may be by any other person duly authorized by the direc- tor of the department of public health. " - 3 - SECTION 4. That Chapter 26, Section 26-128, of the Code of the City of Fort Worth, Texas, 1964, as amended, is hereby amended and, after having been so amended, shall hereafter read as follows : "Sec. 26-128. Inspection and enforcement. "The director of the public health department, his agents and employees may enter upon private property for the purposes specified in this arti- cle to examine vehicles or parts thereof, 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 article. " SECTION 5 . That Chapter 26, Section 26-129, of the Code of the City of Fort Worth, Texas, 1964, as amended, is hereby amended and, after having been so amended, shall hereafter read as follows : "Sec. 26-129. Unauthorized parking on private property prohibited. "It shall be unlawful for any person to park or stand a vehicle, whether occupied or unoccupied, except temporarily for the purpose of and while actually loading or unloading such vehicle, in any private driveway or on any private parking lot or other private property without the ex- press or implied consent of the owner or person in lawful possession thereof. "In the event the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. " SECTION 6. That Chapter 26, Section 26-130, of the Code of the City of Fort Worth, Texas, 1964, as amended, is hereby amended and, after having been so amended, shall hereafter read as follows : "Sec. 26-130. Same - Exception. "No citation issued under the provisions of Sec. 26-129 shall be valid unless such citation - 4 - includes a statement to the effect that at the time same was issued, a clearly visible sign was located on the private property involved, in- forming the public that such private driveway, parking lot or other private property is re- served for the use of authorized persons or vehicles only, and further that such sign stated the persons or vehicles authorized. " SECTION 7. That Sections 26-131, 26-132, and 26-133, of Chapter 26 of the Code of the City of Fort Worth, Texas, 1964, as amended, are hereby repealed. SECTION 8. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any section, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitu- tional, void or ineffective at the time of adopting this ordinance. SECTION 9. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth, 1964, with respect to regulating junked vehicles except in those instances where the provisions of this ordinance are in direct conflict with the 5 - provisions of such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 10. That the violation of any provision of this ordinance relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00) , and each violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such; provided, however, if the maximum penalty provided by this ordinance for any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the State, then the maximum penalty for violation as provided by state statute shall be the max- imum penalty under this ordinance. SECTION 11. That this ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Councile-lL�h � /� 7C✓ Effective - 6 - City ®f' Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Amendment of Chapter 26 of the PAGE NUMBER Code of the City of Fort Worth l 3/20/72 G-1945 Regulating Junked Vehicles Iof In 1971, the Legislature adopted Article 1436-3 of the Texas Penal Code regulating junked vehicles. The statute sets up requirements for cities / that have ordinances regulating junked vehicles. On December- 20, 1971, the City Council amended certain sections of Chapter 26 of the-City Code (M&C G-1887) . However, in order for the Code of the City of Fort Worth, 1964, as amended, to fully conform to the requirements of the new State statute, it is necessary that Chapter 26 be further amended to provide the following: 1. A ten (10) day notice to be given to abate the 'nuisance; 2, After such 10-day notice, the owner of the junked vehicle may request a public hearing before the Director of Public Health prior to the removal of the junked vehicle; 3. After a junked vehicle has been removed, it shall not be reconstructed or made operable; and 4. A notice be given to the Texas Highway Department withifi five (5) days after the date of removal. The above changes are of a minor nature and will improve the effectiveness of the existing Code provisions regulating junked vehicles . Recommendation It is the recommendation of the City Attorney that the City Council adopt the proposed ordinance amending Chapter 26, Sections 26-124, 26-126 through 26-130, inclusive, of the Code of the City of Fort Worth, 1964, as amended, as noted above, RNL:ms SUBMITTED BY.- DISPOSITION:_BY COUNCIL: PROCESSED BY E APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER 171.2-