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HomeMy WebLinkAboutOrdinance 5596 ORDINANCE NO. .5_-4-7�_ AN ORDINANCE AMENDING CHAPTER XXVI OF ORDINANCE NO. 5282, THE CODE OF THE CITY OF FORT WORTH, BY ADDING THERETO ARTICLE VII ENTITLED "JUNKED VEHICLES" AND CONTAINING SECTIONS 26-124 THROUGH 26-129, PROVIDING DEFINITIONS, DECLARING THAT THE LOCATION OR PRESENCE OF JUNKED VEHICLES WITHIN THE CITY SHALL BE PUBLIC NUISANCES, WITH CERTAIN EXCEPTIONS, PROVIDING FOR THE ABATEMENT OF SUCH PUBLIC NUISANCES, PROVIDING FOR THE ASSESSMENT OF COSTS OF ABATEMENT IN CERTAIN CIRCUMSTANCES, PROVIDING FOR THE FIXING OF A LIEN FOR THE COSTS OF ABATEMENT IN CERTAIN CIRCUMSTANCES AND PROVIDING FOR THE DISPOSITION OF ANY JUNKED VEHICLES IMPOUNDED IN ACCORDANCE WITH THE TERMS HEREOF; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL THE PROVISIONS OF THE CITY CODE; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; 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 en- joyment of and reduce the value of private property, invite plundering, 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 XXVI of Ordinance No, 5282, as amended, the same being the Code of the City of Fort Worth, be, and is hereby, amended by adding thereto the following: "Article VII. Junked Vehicles. "Section 26-124. Definitions. "In addition to the terms defined in Section 26-1 hereof, 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 26-1 hereof which does not have lawfully affixed there- to both a valid Texas license plate or plates and a valid Texas Department of Public Safety motor vehicle inspection certificate, and the condition of which is one or more of the following: wrecked, dismantled, in- operative, abandoned, and/or discarded. The provi- sions hereof shall not apply to vehicles in operable condition specially adapted or constructed for rac- ing or operation on privately-owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for transportation, nor vehicles stored as the property of a member of the armed forces of the United States who is on active duty assignment outside the conti- nental and territorial limits of the United States. Person. Any individual, firm, partnership, as- sociation, corporation, company or organization of any kind. "Sec. 26-125. "The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land -2- or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance, and it shall be unlawful for any person or persons to cause or maintain such public nuisance by wrecking, dismantling, rendering in- operable, abandoning or discarding his or their vehicle or vehicles on the property of another or to suffer, permit or allow the same to be placed, lo- cated, maintained or exist upon his or their own real property; provided that this section shall not apply with regard to a junked vehicle or junked ve- hicles in an enclosed building; a junked vehicle or junked vehicles on the premises of a business enter- prise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a junked vehicle or junked vehicles in an appro- priate storage place or depository maintained in a lawful place and manner by the city. "Sec. 26-126. "Whenever any such public nuisance exists in the city in violation of Section 26-125 hereof, 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 whereon such public nuisance exists to abate or remove the same. Such order shall be in writing, shall specify the public nuisance and its location, -3- shall specify the corrective measures required and shall provide a reasonable time for compliance. Copies of the order shall be served upon the owner of the premises or the occupant, if any, by serv- ing him or them personally or by sending the copies by registered mail, return receipt requested, to the last known address of such person or persons. "Sec. 26-127. "If the owner of the premises or the occupant thereof fails, neglects or refuses to obey any order issued under the provisions of the preceding section, or if the premises are unoccupied, and the owner or his agent cannot be found, the Director of the De- partment of public Health shall abate such public nuisance by impounding the junked vehicle or junked vehicles and shall defray the expenses thereof out of moneys in the city treasury available for such purpose. All expenses so incurred in the abatement of such public nuisance shall be charged against the owner or owners of the junked vehicle or vehicles, and a statement of the cost incurred by the City to abate such public nuisance shall be sent by registered mail, return receipt requested, to said owner or owners. When thereby mailed, the said cost statement shall state that the amount due shall be paid within thirty days of such mailing. In the event that said cost statement is returned undelivered, public notice -4- ♦ s f R of said cost statement shall be given, and said notice shall state that the amount due shall be paid within thirty days from the giving of said notice. In the event that the amount due has not been paid within the applicable thirty-day period, the Director of the Department of Public Health may file a statement with the County Clerk of Tar- rant County of the expenses incurred to abate such public nuisance, and the City shall have a privi- leged lien on such junked vehicle or vehicles, to- gether with ten per cent (10/) on the delinquent amount from the date such payment is due. "Sec. 26-128. "The bona fide owner of any such junked vehicle or junked vehicles which have been impounded in ac- cordance with the provisions of this section may ac- quire possession of such junked vehicle or junked vehicles by paying the costs of abatement as shall have been computed in accordance with the preceding section and by paying a reasonable storage charge based upon the period of time such junked vehicle or junked vehicles have been impounded. "Sec. 26-129. "In the event that possession by the bona fide owner thereof of any junked vehicle or junked vehicles impounded in accordance with the provisions of Sec- tion 26-127 hereof is not acquired within ninety (90) -5- days from the date of the receipt of the registered letter or of giving public notice of the costs of abatement, such junked vehicle or junked vehicles shall be deemed to have been abandoned and may be sold by the City. The proceeds from any such sale shall first be applied to reduce or satisfy the storage charges computed in accordance with Sec- tion 26-128 hereof, and any amount of such proceeds then remaining shall be applied to reduce or satis- fy the lien perfected in accordance with Section 26-127 hereof. Such lien shall remain in full force and effect with respect to any portion of the costs of abatement remaining unsatisfied." SECTION 2. That if any section, subsection, sentencip, clause or phrase of this ordinance is for any reason held to be un- constitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of the remainder of this ordinance not so held to be unconstitu- tional shall continue to be in full force and effect. SECTION 3. That this ordinance shall be and is hereby declared to be cumulative of all provisions of the Code of the City of Fort Worth, Ordinance No. 5282, and amendments thereto, ex- cept in those instances where the provisions of this ordi- nance are in direct conflict with such Code, in which in- stances said conflicting provisions of such Code are hereby repealed. -6- SECTION 4. That the violation of any provision of this ordinance relating to the maintaining of a public nuisance as de- scribed herein or in permitting or allowing such public nuisance to exist shall be punished by a fine of not ex- ceeding 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, how- ever, 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 pro- vided by state statute shall be the maximum penalty under this ordinance. SECTION 5. That this ordinance shall become effective and be in full force and effect from and after its passage and publi- cation as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney -7- epDwNtt� City of Fort Worth, Texas MCM~ Mayor and CoundlCommunication HIGHTOWER BRADSHAW DATE "EFERE CE �� SUILIECT: Abatement of Junked Vehicle PACE NUMBERG� Nuisances i of 2 6666 In recent months, Members of the City Council have expressed concern about the problem of inoperative or junked vehicles existing on private property, not in connection with properly-located and operated auto wrecking yards or garage business operations, throughout the City of Fort Worth. The staff has reviewed the problem, and proposes the attached new ordinance which will assist in a stepped-up program to eliminate such junked vehicles. Adequate authority now exists in the City Code (Section 26-123) to remove abandoned, junked or inoperable vehicles from public streets, and the Zoning Ordinance (No. 3011) provides adequate authority to take care of the obvious cases of repairing or selling parts from junked automobiles on private prop- erty in improperly-zoned areas. However, the problem of one, two, or a few old motor vehicles, generally not in operating condition and existing for indefinite periods of time on pri- vate property, appears to be covered now only by the provisions in the City Code (Section 27-38) pertaining to the abatement of accumulations of brush, rubbish and other materials. The existing City Code provisions need clarification and strengthening with respect to objectionable, unsightly, and unsanitary nature of abandoned and inoperable motor vehicles on private property of residential character. Such conditions reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to children as well as to adults, and create, extend and aggravate urban blight. Therefore, the attached ordinance amending Chapter XXVI of the City Code adding Article VII, Sections 26-124 through 26-129, entitled "Junked Ve- hicles" has been prepared by the Department of Law and is recommended for passage by the City Council, in order to give the administrative staff specific legal authority for requiring the prompt removal of junked ve- hicles creating a public nuisance and hazard. The ordinance defines a "junked vehicle" as one which does not have law- fully affixed thereto both a valid Texas license plate and a valid Texas Department of Public Safety motor vehicle inspection certificate, and the condition of the vehicle is either wrecked, dismantled, inoperative, aban- doned, and/or discarded. The ordinance declares that a public nuisance exists when a junked vehicle is located on any lot, tract, or parcel of land in the city. T operty owner and/or resident of the land is held responsible for the of such a nuisance. The ordinance would not apply to a junked v pis a enclosed building, or one located on the premises of a busin ewer j operating lawfully, such as a repair garage, storage garage F a ��/j�t� e c �® ing yard located in the proper zone. t When a junked vehicle in apparent violation of the ordinance is re ate and/or located by City representatives, a case could be filed in Corpo �90 tion Court. Upon conviction, a fine of up to $200 could be levied against DATE REFERENCE SUBJECT: Abatement of Junked Vehicle PAGE NUMBER G-944 Nuisances 6666 2 of 2 the owner or resident of the property permitting the nuisance. Also, if necessary, action could be taken to impound the vehicle, at the expense of the owner of the premises on which the vehicle is located. The Public Health Department has sufficient personnel available to take complaints from the public and conduct its own investigation of junked vehicles reported to be in violation of the ordinance, and to take cor- rective action. Appropriate storage space for impounded vehicles will be arranged as may become necessary. The adoption of the attached ordinance, and its enforcement, is recom- mended as an appropriate measure to eliminate public health and safety hazards, and as an important element in the continuous efforts by the City government to promote and maintain better living conditions through- out Fort Worth. JLB:lp Attach. F RfCORD RETARY TEX.H, WORT SUBMITTED BY: DISPOSITION BY COUNCIL: PRQ ESSE"Y ❑ APPROVED OTHER (DESCRIBE) l/_J, a(Z CITY SECRETARY DATF11 9.O CITY MANAGER IAI