HomeMy WebLinkAboutOrdinance 18441-01-2009ORDINANCE NO. 18441-(11-2809
AN ORDINANCE AAIENDING C13APTER 22 ":1IOTOR VEHICLES AND
TRAFFIC" OF THE CODE OF THE CITY OF FORT' WORTH, BY
AM1IENDING ARTICLE IX ".ABANDONED AND JUNKED VEHICLES"
'IO REVISE THE DEFINITION FOR WRECKED VEHICLE; TO REVISE
THE NOTICE PROCEDURE TO tiLLOW THE USE OF 5iGNA'1'URE
CONFIRMATION SERVICE; TO REVISE THE HEARING PROCESS TO
CONVF.NF. ONLY A`I THE REQUEST OF THE INDIVIDUAL WHO
RECEIVED NOTICE OF A JUNK VEHICLE NUISANCE; `IO REVISE
DISPOSAL OF JUNKED VEHICLES; TO ALLOW SUCH VEHICLES TO
BE REYIOVED TO A SCRAPYARD, MO"COR VEHICLE DEMOLISHER,
OR SUITABLE SITE OPERATED BY THE MUNICIPALITY;
PROVIDING THAT THIS ORDINANCE IS CUMULATNE; PROVIDING
A SEVER~IBILCTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has determined a junked. vehicle, including part of a
junked vehicle, that is visible at any rime cif the year from an ordinary view from either private ar
public property:
(1} is detrimental to the safety and welfare of the public;
(2} tends to reduce the value of property:
(.~) invites vandalism;
{~} creates a fire hazard;
{l} I.ti atl a#tFai.{:.1t 1'E' ntl.ltittt'vc i,¢t.'Cllk: #t hazard tt1 (~3x.: }SG:.2i€}} a:latl is iCt ~' C?T minG'rS:..
(t?7 ~'Ci}1.~1kC`4'S U:Ch'ttll }~~(L;i7t u't} c'.ISe 2{l the, 1~~,},31 e$~,ISllS4 t: 'tll)C~. GC)S7t111171n~L? det/t'151)37?1e.23t i)t
Sr~ultfcipaltt'ies; and
{7} is a pul~[c nuisance: anti
WHEREAS, the City Council bas determined the City's junked vehicle ordinance should
be amended to correspond to and better utilize the current junked vehicle statutory provisions
u~ntained in Chapter 583, Subchapter E of the Texas Transportation Code, and
WHEREAS, the City Council has determined a more detailed definition of a "wrecked"
motor vehicle is needed in ardor to assist Cade Oftic~rs to properly identify junked vehicles; and
WHEREAS, the City Council has determined that the Code Commpliance Department
shall be allowed to provide notice to persons through personal delivery ar delivered by the
United States Postal Service with signature eonflnnation serve; and
WHEREAS, the City Council has determined that the Code Compliance Department
shall be required to cauvene public hearings rega~•ding violations only at the request of a person
who received notice of a junk vehicle nuisance;
NOV4', THEREFORE, BE IT ORDAINED SY THE CITY COU'.VCIL OF THE
CITY OF FORT WC?RTH, TEXAS:
SECTIC)N 1
Article IX "fAbandoned and Junked Vehicles" of Chapter 22, "Motor Vehicles and
Traffic" of the Code of the City of F«rt Worth, is hereby arncnclul b4 changing the definition of
"junked vehicles" in Section 2?-1 ti) read as ti>Ik~tia's:
Section 22-1 Definitions.
.1#+:PF{M<'~ :'t'F'+lt;'r" IS}t'~~.!~ti tiEth4S';
11 } .~ 4'i'.f71#:le tltiif 3~ 4i'Et°pr}l3cfled Anil 41i}i}ti i~t}t h::~i' (a41 f@S~IY dtte3C~'i;~l tC3 FL:
(a} .bra :iriexparcd license plate; or
{h'} fy valid mtxar vehicle inspect:ar is+rni'ic:€te;
and. is inoperable and 1:<fs rcmairtet[ inoperable. Yor more than scvent}-tik=o (?2}
c;Ynsecutivc 1tc?tfes it the vehicle is o:a piibhc prcp~nrti_ ,lr ti>r ntorc fhau I;vcnty {?la?
Ct)#:~i;{ I.xz4vC` l'::3V~} ;4 4lti t'i..`I kk4".It iti £Y.~ prdt~#3t: pr;fpcSty;
or:
{2} A vehicle that is self-propelled and is wrecked, dismantled or partially dismant}ed, and
has remained wrecked, dismantled or partially dismantled for more than seventy-two
{72} consecutive hours if the vehicle is on public propeify, or for more than twenty (2Q}
c~~?nsecutive days if the vehicle is on private property.
The tern2 `junked vehicle" shall include auy part of a junked vehicle or tarps or savers
thereon, that is eisible at any 6me of the year from any private lot, tract, or parcel of land,
occupied or unoccupied, improved or unimproved, other than the lot, tract or parcel of land
on which the vehicle, vehicle part, tarp or a?ver is located or from any public place or public-
right-of-way.
SECTICI\' 2
Article IX "Abandoned and Junked Vehicles" of Chapter 22, "Motor Vehicles and
Traffic" of the Code of the City of Fort Worth, is hereby amended by amending Section 22-
303(a) to read as follows:
Section 22-303. Junked vehicles declared to be a public nuisance; adoption of procedures
for abatement and removal.
{a) Junked vehicles, as defined in this Chapter, are detrimental to the safety and Fvelfare
of the general puhlic, tending to reduce the value of private property, to invite vandalism, to
create ftre hazards, to constitute an attractive nuisance creating a hazard to the health and safety
of ?ninors, and are 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 he a public nuisance.
SECTIOV 3
Article [k "Abandoned and Junked Vehicles" of Chapter 2?, `'vlotor Ve}tides ~atrd
I'rtftic" €?f the C`iade cif t}re (:'its` of Fart. Worth, is hereby amended I?~ changing rlre definition of
..~~,rcci.~~d>, i;? Sccti«z? v?~.s'},,# t~, rti^3d ~?v fi~:i«;v~:
Section 23-303.1 Meaning oC the te~•ms, :`inoperable," "s~recked," and :`clisnrantied or
partiully° clismxtntled" when used in the definition of junked uehieie.
1't't't•c'lu:rl ?'r.^lti<:1c nxcans .ta }till<?:i s:
(1} T=or self- propelled vehicles designed to be o~erate<1 upon the ~ublie sh-ets and for
which a valid state motor vehicle inspection certificate is required to legally do so,
"wrecked" means not capable of passing a state motor vehicle inspection due to
damage that is consistent with a motor vehicle accident, incotrtplete repair, salvage or
restoration including, but not limited to, a missing or broken engine, transmission,
cv~indshield, window. tire, wheel or major mechanical component.
(2) For self=propelled vehicles not subject to state motor vehicle inspection, including
self=propelled off-road vehicles designed and intended to be operated in places other
than an public streets, including but not limited to race cars, dirt track vehicles, all-
terrain vehicles, and golf carts, "wrecked" means not usable for tlYe vehicle"s
designed and intended purpose.
SECTIC3N 4
Article IX "14bandoned xnd Junked Vehicles" of Chapter 22, "i4lotor Vehicles and
Tratf c" of the Code of the City of Fort Worth, is hereby amended by amending Section 22-
3Q4(b) to read as follows:
Section 22-3U4 Notice,
(b) Such notice shall be personally delivered, mailed by certified mail with afive-day retunl
requested or delivered by the United States Postal Service with signature cantirmatio}Y service
and shall state khe #'ollawing:
(1~ Thaf lbejutYked vehicle is a public nuisance;
(2) 1'IYat the nuisance must be abated and removed not later th£uY the tenth. day after the date
an which the nonce was personally delivered or mailed;
(3) That a person entitled to notice pursuant to Sec. 22-3(14(x) tnay, not later than the tenth
day after the date on which the notice u'as perscntally <lelit'cred or mailed. request, in
writing, a pctblic lYearing in accordance with Section 22-3015 f~f this Chapter;
l41 '1`haT the pe rscrns 4"£}iitleel t~~ nt't}iC Shsd~ k}e, f;nt!tlcd t(! i17i'.rtl{ at rk}G` puhaL IYCa3 }t?4., E:}tn:
'7S ;'k2Cking .`'t rrt`'ftta('"sC IYr}{}I' t#.e tl}e "t313e Vf ik?t' ltf:taa°tnr; tol E3b rttak£r.g 2t i'e~.f;,; i':+i i7t 1 ~}e~2liTle Ett
tlt C" heiYring:;
(5)'1"hat f:uhtre: tt} xhatc xnd rctttsY~'c tltc t}ui~~tttce or fztilure tf7 atter}d the 1}caring after nt}tice
fxYtYStitutes a waiver 13y fhc ownc~}- sand henholders of all riglYt, title rtnd interest in the
velYicle anti their crxtsettt tc> clisposak of tkte luttkefl 1'ehic(e to ac£:+rdrutce with the
~Yrc}~=sicYta+. t,f`C'p;~tptc~r tiS3. 4~ubt:ltstptf F` }t tla~ I°ex,ts'! t~zts:por€<ti~,*7 t`etcl~;.
SECTION 5
Article IX "Abandoned anti Junked Vehicles" of Chapter 22, ` ~Vlotor Vehicles and Traffid'
of the Code of the City of Fort Worth, is hereby amended by changing Section 22-305 to read as
follows:
Section 22-305 Hearing,
(a) A person for whom notice is required under Sec. 22-304 may request, in writing, a
public hearing to determine whether the vehicle identified in the natiee, or any part thereof,
constitutes a public nuisance. Such written notice must be received by the Clerk of the
Municipal Court not later than S:QO p.m. an the te~7th day after the date on which the notice
was delivered or mailed.
(b) If a public heat";ng is requester.} by a person for wlroux notice is require~ci under Sec. 22-
304, the hearing shall be held not earlier than the 11`t day a1ler the date on which the notice
was delivered or mailed.
{c) Any hearing officer cvha has been appointed by the City Council under Section 14-('J of
the Fort Worth City Code is hereby designated as an official who is authorized. to conduct
hearings under the provisions of this division.
(d) At the public hearing, the hearing officer shall hear alld consider all relevant evidence,
objections or protests and shall receive testimony from owners, witnesses, city personnel and
interested persons relative to the alleged public nuisance. Tire hearing officer may continue
the hearing fztr up to sixty {t~0} days for cause deemed reasonable to the hearing otticer.
[ej At the hearing, the junked motor' 4rihiclc is presumed, unless demonstrated otherwise by
the owner, to be inoperable.
{1's F~Yll~~uinry tile. pa:bPic hcziring, tire. healir#g c+f3ic•~r sla:xli s:sl~ksscler Et}} cta<ionc,~ ~#ncI
i!C'1C'3'tnitl~ ='~'}Sitlltir !~3t„ Clg,S;tt; t..~f #in~ }?r.!*; '„17ti("CYtf., i`E7Fisf'€lEtfiiS al pni711C [iw1:1S:7tiCt` Ei:* :til~.~i'.d.
".
(} the 1teaCil7 C; tstt#eer itt74{> that a I}LkhlSti ntll3ani'C dM>us eXr~+l .lliil tl'!at th4r'= 1~ ;~t:1fIC-lent +iaotie.
tU i't`.rnt74'e. tile. CStn S:n..tCe, rind that tl1e. +IUtFt`.e rt.El UtrertTc'.ntS }?rCtVtded .n flits riit~ISFCtn havC hoer;
snc•t, the }scaring oE6eer shall stake a ~a ratters oulcr setting t2irth his findings snd ordering that
tllc nuisance be removed and that the t'ehicle be disposed oi' to accordance tvith the
provisirrris of C"haprcr Eitt3, 4r1rch4tpter lm; of rho 'fex<is Transliortati4m Cade, If the
??7i~rnlati;,t; 11 atFill ale cl: tlic l4'.£,.i7t,#}tt itt tlp°,i nlra*iinrc:. thL'. ~}r4le: ikdl7 a7i'1!Itli' e. tlesCC'i}')tY!:};7
*..}i rl l['` ti4,a kYr. t k i4.t'k.5 ii4 x+t,tYYr 'xn S73t ti),„: 2e: "zEa ile lt4;t`i7~4. i~r~sAti.. r:'v£ n.:`}'wi..
SECTIC}N 6
Article 1X "Abandoned and Junked Vehicles" of Chapter 22, "`Motor ~~ehicles and
Traffic" of the Code of`the City of Fort Wor07, is hereby amended by changing Section 22-30b tU
read as follows
Section 22-306 Abatement of nuisance; removal and disposal of vehicles.
If na hearing is requested ar if the hearing afficcr orders removal of the public nuisance,
the City ar any duly authorized person may abate such nuisance by removal and disposal of the
junked vehicle in accardauoe with the provisions of Chapter 683, Subchapter E of the Texas
`T`ransportation Code.
SECTION 7
This ordinance shall he cumulative of all provisions of ordinances and of the Code of the
City of Fort 6~orth, Texas (1986}, as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in Gvhich event
conflicting provisions of such ordinances and such Code are hereby repealed.
SEC1'I{3N S
It is hereby declared to be dle intention of t}le City Council that the sections, paragraphs.
sentences, clauses and phrases of this ordinance are severable„ and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of atay court of competent ,jurisdiction, s-~lch unc{uTStitationality sha[l not
:.§i~}i't't :SI1V 43t tl5i" i't'.a'fir3:ir.8 t'tf: pYit'iS*~E,'S. ti]„iU`:S'i.. ~'vt:ntti lti:.4:ti, i3r3d':t i?I"'tlpll~ itn(1 {i''t'tl{;ii2M tit tlllti
4 kl't~1I a?li;e,. ±IIiCk: the letnle 1Vt1Uld. have 1?t'.elt. eilaCted bV llts: ~~1tG° ("ot~Ilc<l ivltht:tUt. the
STltit71`pt}ratloll In LI]:iti t~CthI7aC1Ce. of an}' iillcll tinei771StItUttt7nal phrase, C]aUSC„ 4enCCnce, parTLSxC'.ip]7
i3r tie~tfl{3."1,
SECTION 9
.ill rights and remedies of the City of Fort Worth, "i"eYas are expressly saved as to any
and all violations of the provisions of the Code of Fort Worth which have accrued at the time of
the effecrive date of this ordinance and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, san7e shall not
he affected by this ordinance but maybe prosecuted until final disposition by the courts.
SECTION IO
The City Secretary of the City of Fort Worth, '['exas, is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for ttiva (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorised by Section 52.1113, Texas Local
Goven7ment Code.
SECTION II
This ordinance shall take effect upon adoption and publication as required bylaw.
AAPPROVED AS TO FOR'YI .1ND I:EGALITY:
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r~ssistaot City rlttornc~'y
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City of Fart INorfla, Texas
Mayor and Council Communication
cOts~ic~~.A~T~N A~~~oV~~ o~-,t~~r~oo~ -ova. ~r~; ~$aa3-o~zoo~ - ,
DATE: Tuesday, January 13, 2009
LOG NAME: 23JUNKVEHICC.E
REFERENCE NO.: G-16425
SUBJECT:
Adopt Ordinance Amending Chapter 22 'Motor Vehicles and Traffic' of the City Code to Revise Existing
Regulations for Junk Motor Vehicles in Accordance with State Law
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending City Code Chapter 22
'Motor Vehicles and Traffic', to change existing regulations far identifying, holding a public hearing, towing
and disposing of suspected junk motor vehicles in accordance with State law.
DISCUSSION:
Staff proposes to amend City Code Chapter 22 'Motor Vehicles and Traffic', to change existing regulations
far identifying, holding a public hearing, towing and disposing of suspected junk mater vehicles. A
summary of the proposed changes is listed below.
Section 22-1 is amended to better define the term 'junked vehicle' to include being visible at any time of
the year from any private lot, tract or parcel of land or from any public place or public right-af-way.
Section 22-303 is amended to expand on reasons that junk motor vehicles are declared to be a public
nuisance.
Section 22-303.1 is amended by changing the definition of 'wrecked' to include examples of conditions a
wrecked vehicle might display, such as damage consistent with a motor vehicle accident, incomplete
vehicle repair, missing or broken engines, etc.
Section 22-304 is amended by adding the options to use personal service or 'signature confirmation
service' by the United States Postal Service in lieu of certified mail for junk motor vehicle nuisance notices.
Section 22-305 is amended by requiring a public hearing only after a written request by a person for wham
notice is required, allowing the public hearing to be hefd by any hearing officer appointed by the City
Cc;uncil and adding language that allows testimony from owner; witnesses, City personnel and interested
persons.
Section 22-306 is amended to allow far the disposal of the ptFb°ic ntaisanee in accordance with Chapter
6£33. Subchapter E of the Texas Transportation Code if na hearing is requested ar the hearing officer
orders its removal.
The attached ordinance wif( be effective upon publication..
ptSCAE,. INFORE~ATlON 1 CERTtI?ItiATtO~t:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND. CENTERS:
TO Fund/AccountlCenters
FROM FundlAccauntlGenters
GERTI~ICAT(ONS:
Submitted for City Manager's Office by;
Originating_Department_Hea__d;
Additional Information Gontac_t
Joe Paniagua {8191}
Brandon Bennett {6345)
Michael Camp {5098}
John Haneock {6347}
ATTACHMENTS
1. Junked Vehicles Ordinance dra€t {4}.doc {Public}