HomeMy WebLinkAboutOrdinance 6604 ORDINANCE NO.
AN ORDINANCE REGULATING JUNKED VEHICLES BY
AMENDING CHAPTER 26, SECTIONS 26-126, 26-129,
26-130 and 26-131, OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS, 1964, AS AMENDED, PROVIDING
FOR A 10-DAY NOTICE TO ABATE NUISANCE; PRO-
VIDING FOR CONTENTS OF NOTICE; PROVIDING FOR
SERVICE OF NOTICE TO ABATE NUISANCE BY CER-
TIFIED AND REGISTERED MAIL; PROVIDING FOR A
PUBLIC HEARING; PROVIDING FOR THE DISPOSI-
TION OF ANY JUNKED VEHICLES IMPOUNDED IN AC-
CORDANCE WITH THE TERMS HEREOF; PROVIDING FOR
FILING OF NOTICE OF ABATEMENT WITH THE TEXAS
HIGHWAY DEPARTMENT; PROVIDING THAT REMOVAL OF
JUNKED VEHICLE PRECLUDES SUCH JUNKED VEHICLE
BEING RECONSTRUCTED OR MADE OPERABLE; PRO-
VIDING FOR ADMINISTRATION BY THE DIRECTOR OF
THE DEPARTMENT OF PUBLIC HEALTH; PERMITTING
ENTRY UPON PRIVATE PROPERTY BY HEALTH DEPART-
MENT EMPLOYEES FOR PURPOSES OF INSPECTING AND
ENFORCING THE JUNKED VEHICLE ORDINANCE; AND BY
ADDING THERETO NEW SECTIONS DESIGNATED 26-132
AND 26-133, PROHIBITING UNAUTHORIZED PARKING
ON PRIVATE PROPERTY AND PROVIDING EXCEPTION
THERETO; 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 appropriate places; and
WHEREAS, such condition tends to interfere with the
enjoyment of and reduce the value of private property, in-
vite 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 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:
"Section 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 less than
ten (10) days' notice, shall specify the nature of
the public nuisance and its location, shall include
a description of the vehicle, 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 specify that a request for a hear-
ing 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 serving him or them personally or by send-
ing 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
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said order is returned undelivered by the United
States Post office, official action by the
Director 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 removal
of such junked vehicle must be held before 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 premises on which
such junked vehicle is located. "
SECTION 2.
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. Sale of vehicle to satisfy costs of
abatement; notice to be given Texas
Highway Department; transferred junk
vehicle not to be reconstructed or
made operable.
"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 section
26-127 is not acquired within thirty 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
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computed in accordance with section 26-128, and
any amount of such proceeds than remaining shall
be applied to reduce or satisfy the lien perfected
in accordance with section 26-127. Such lien
shall remain in full force and effect with respect
to any portion of the costs of abatement remaining
unsatisfied.
"Within five (5) days after the date of re-
moval of such junked vehicle the Director of the
Department of Public Health shall deliver to the
Texas Highway Department notice identifying the
vehicle or part thereof. Any such junked vehicle
removed under the provisions of this article and
transferred to a demolisher shall not be recon-
structed or made operable. "
SECTION 3.
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. 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 Director of the Department
of Public Health. "
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SECTION 4,
That Chapter 26, Section 26-131 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, 26-131. Inspection and Enforcement.
"The Director of the Public Health De-
partment, his agents and employees may enter
upon private property for the purposes
specified in this article 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 of the Code of the City of Fort Worth,
Texas, 1964, as amended, is hereby amended by adding thereto
Sections 26-132 and 26-133, which sections shall be and
read as follows:
"Sec, 26-132, 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
express or implied consent of the owner or person
in lawful possession thereof,
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"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.
"Sec. 26-133. Same -- Exception.
"No citation issued under the provisions of
Sec. 26-132 shall be valid unless such citation
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 6.
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 sec-
tion 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 pro-
visions 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 in-
effective if it had known that they were unconstitutional,
void or ineffective at the time of adopting this ordinance,
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SECTION 7„
That this ordinance shall be cumulative of all pro-
visions of the Code of the City of Fort Worth, 1964, with
respect to regulatingjunked vehicles except in those
instances where the provisions of this ordinance are in
direct conflict with the provisions of such Code, in which
instances said conflicting provisions of such Code are
hereby repealed.
SECTION 8.
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 pro-
vided 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 9,
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
Adopted by the City Council-a p{0 ��71
Effective At�l`>) ✓i � /��`f
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. . a City of Fort Worth, Texas
uya .mayor and Council Communication
MA"RN
DATE REFERENCE SUBJECT: Amendment of Chapter 26 of the PAGE
Dosra NUMBER
Fort Worth City Code, Regulatin
1 of
12/20/71 G-1887 Junk Vehicles
9110 wAW
wit+ In 1971, the Legislature adopted a statute regulating junked vehicles. This
statute sets up requirements for cities that have ordinances regulating junked
vehicles. In order for the Fort Worth City Code to conform to the require-
ments of the new State statute, it is necessary that Chapter 26 be amended
so that the following is provided:
1. A 10-day notice 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 recon-
structed or made operable;
4. A notice be given to the Texas Highway Department within 5 days
after the date of removal; and
5. The impoundment time be reduced from 90 days to 30 days.
The above changes are of a minor nature and will improve the effectiveness
of the existing code provisions on junked vehicles.
Recommendation
It is the recommendation of the City Attorney that the City Council adopt
the proposed ordinance amending Chapter 26, Sections 26-126, 26-129, 26-130
and 26-131 of the Code of the City of Fort Worth (1964) , as noted above.
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SUBMITTED BY: DISPOSITION BY COUNCIL: . PR�D BY
❑"PPROVED OTHER (DESCRIBE)k— .4 //��L�C. A)- U/(� CITY SECRETARY
DATE
CITY MANAGER
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