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HomeMy WebLinkAboutOrdinance 12938ORDINANCE NO ~" AN ORDINANCE AMENDING CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING THE DEFINITION OF "JUNKED VEHICLE" IN SECTION 22-1, BY AMENDING SECTIONS 22-303 THROUGH 22-313, BOTH INCLUSIVE, WHICH ESTABLISH PROCEDURES FOR THE ABATEMENT AND REMOVAL OF JUNKED VEHICLES THAT ARE VISIBLE FROM PUBLIC PLACES OR FROM PUBLIC RIGHTS-OF-WAY, BY AMENDING SECTION 22-314 WHICH CONCERNS AUTHORITY TO ENFORCE THE PROVISIONS OF ARTICLE IX, CHAPTER 22 OF THE CODE OF THE CITY OF FORT WORTH; AND BY AMENDING SECTION 22-315 WHICH DEFINES THE EFFECT OF ARTICLE IX, CHAPTER 22 OF THE CODE OF THE CITY OF FORT WORTH ON OTHER LAWS AND ORDINANCES, PROVIDING FOR A PENALTY, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND CODES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Chapter 22, "Motor Vehicles and Traffic", of the Code of the City of Fort Worth,. Texas (1986), as amended, be and is hereby amended by changing the definition of the term "junked vehicle" in Section 22-1, "Definitions", to read as follows "Junked vehicle means a motor vehicle, as described in Chapter 683, Subchapter E of the Texas Transportation Code, that is self propelled and inoperable and• 1 does not have lawfully attached to it: a) an unexpired license plate, or b) a valid motor vehicle inspection certificate; 2. is wrecked, dismantled or partially .dismantled, or discarded; or 3 has remained inoperable for more than 45 consecutive days. The term 'junked vehicle' shall include part of a junked vehicle." SECTION 2. That Chapter 22, "Motor Vehicles and Traffic", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby amended by changing Article IX, Divisions 2 and 3 thereof, #o read as follows: "DIVISION 2. JUNKED VEHICLES Sec. 22-303 Junked vehicles declared to be a public nuisance; adoption of procedures for abatement and removal A junked vehicle that is visible from a public place. or public right- of-way is declared to be a public nuisance by Chapter 683, Subchapter E of the Texas Transportation Code. The purpose of this Division 2 is to adopt municipal procedures that conform to Subchapter E and that authorize the abatement and removal of a junked vehicle from private or public property or public right of way Section 22-304 Notice (a) Prior to any official action being taken to abate and remove a junked vehicle, from private or public property or a public right-of way, not less than ten (10) days' notice shall be given of the nature of the nuisance, except as hereinafter provided, to the following parties: (1) The last known registered owner of the junked vehicle; and (2) Each lienholder of record of the junked vehicle; and (3) The owner or occupant of the private property on which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located. (b) Such notice shall be mailed, by certified mail with afive-day return requested, and shall state the following 2 (1) that the junked vehicle is a public nuisance; and (2) that the nuisance must be abated and removed not later than the 10t`' day after the date on which the notice was mailed; and (3) that a public hearing will be held by a hearing offiEer designated by the City Council on a date specified in the notice, which date will be not less than the 11~' day after the date of service of the notice; and (4) that the persons entitled td notice shall be entitled to speak at the public hearing, either by making a request prior to the time of the hearing or by making a request at the time of the hearing; and (5) that failure to abate and remove the nuisance or failure to attend the hearing after notice constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to disposal of the junked vehicle in accordance with the provisions of Chapter 683, Subchapter E of the Texas Transportation Code. (c) If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle or, if the owner is located, hand delivered. (d) If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11"' day after the date of the return of the notice. Sec. 22-305 Hearing. (a) Any hearing officer who has been appointed by the City Council under Section 10-17 of the Fort Worth City Code is hereby designated as an official who is authorized to conduct hearings under the provisions of Division 2. (b) At the public hearing, the hearing officer shall hear and 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 The hearing may be continued from time to time 3 (c) At the hearing, the junked. motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (d) Following the public hearing, the hearing officer shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a public nuisance as alleged. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to remove tie nuisance, and that the notice requirements provided in Division 2 have been met, the hearing officer shall make a written order setting forth his findings and ordering that the nuisance be removed and that the vehicle be disposed of in accordance with the provisions of Chapter 683, Subchapter E of the Texas Transportation Code. If the information is available at the location of the nuisance, the order shall include a description of the vehicle, the vehicle identification number and the license plate number Sec. 22-306 Abatement of nuisance, removal and disposal of vehicles. In the event the hearing officer order$ removal of the public nuisance, the City or any duly authorized person may abate such nuisance by removal and disposal of the junked vehicle in accordance with the provisions ,of Chapter 683, Subchapter E of the Texas Transportation Code Sec. 22-307 Junked vehicles not to be reconstructed or made operable after removal After any junked vehicle has been removed under the authority of Division 2, it shall not be reconstructed or made operable again. Sec. 22-308 Notice of removal to be given to Texas Department of Transportation. No later than the fifth day after the date of removal of a junked vehicle or part of a vehicle pursuant to provisions of Division 2, notice must be given to the Texas Department of Transportation. Such notice must identify the vehicle or part of the vehicle. Sec. 22-309 Inapplicability of Division 2. (a) The procedures adopted in Division 2 shall not apply to a vehicle or vehicle part: 4 (1) that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or (2) 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 that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if-the vehicle or part and the outdoor storage area, if any, are: (A) maintained in an orderly manner; (B) not a health hazard; and (C) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery (b) In this Section: (1) "Antique vehicle" means a passenger car or truck that is at least 35 years old. (2) "Motor vehicle collector" means a person who• (A) owns one or more antique or special interest vehicles; and (B) acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. (3) "Special interest vehicle" means a motor vehicle of any age that has not been changed from original manufacturer's specifications and because of its historic interest, is being preserved by a hobbyist. Sec. 22-310 Administration. Division 2 shall be administered by regularly salaried, full-time employees of the City as designated by the City Manager, except that the removal of a vehicle or part of a vehicle from property may be performed by any duly authorized person. 5 .~ .. Sec. 22-311 Criminal Complaint. Whenever a junked vehicle is found to exist within the City in violation of Chapter 683, Subchapter E of the Texas Transportation Code, the City may, without notice, pursue the filing of an immediate criminal complaint against the owner of the vehicle or the person responsible for such violation. Sec. 22-312. Order of abatement upon conviction. Whenever a person is convicted in a City of Fort Worth Municipal Court of maintaining a junked vehicle which constitutes a public nuisance in violation of Chapter 683, Subchapter E of the Texas Transportation Code, the court shall, in connection with its guilty finding, enter an order directing the guilty party to abate and remove the public nuisance which was the subject of the criminal complaint. Any order so entered shall take effect immediately upon such conviction becoming final. If abatement is not accomplished as ordered by the court, the City of Fort Worth is authorized to abate the nuisance and assess the reasonable costs of abatement against the guilty party Sec. 22-313 Reserved. DIVISION 3 GENERALLY Sec. 22-314 Authority to enforce A person authorized by the City to administer the procedures authorized by this Article may enter private property for the purposes specified in the Chapter 683 of the Texas Transportation Code to examine a vehicle, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle that constitutes a nuisance. A City of Fort Worth Municipal Court may issue orders necessary to enforce the procedures of this Article Sec. 22-315 Effect of Article on other ordinances or laws. This Article does not affect any ordinance or law authorizing the immediate removal of a vehicle left on public property that is an obstruction to traffic." 6 ~ e ~ c ~ Y SECTION 3 That, except as hereby amended, the provisions of Chapter 22 of the Code of the City of Fort Worth, Texas (1986) shall remain unchanged and shall continue in full force and effect. SECTION 4 Any violation, disobedience, omission, neglect or failure or refusal to comply with the provisions of this ordinance is a misdemeanor punishable by a fine not to exceed Two Hundred Dollars ($200 00) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense SECTION 5 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City .of Fort Worth, 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 which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs or sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph of section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 7 e •- '> .. ~ ': SECTION 7 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth which are amended in Sections 1 and 2 hereof, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all litigation, both civil and criminal, whether pending in court or not, under such provisions, the same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 4 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code SECTION 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. ADOPTED this ~ day of (i(, ~, 1997 APP O ED AS TO F R A D L ALITY City Attorney Date ~ f ~ ~ I ADOPTED• ~ ~ 9 EFFECTIVE. ~ " ~~ ` ~ 8 City of Fort Worth, Texas Mayor and Council Communication DATE 03/25/97 REFERENCE N[JbIDER G-11834 LOG NAME 21JUNKED PAGE 1 of 1 SUBJECT AMENDMENT OF THE CODE OF THE CITY OF FORT WORTH, CHAPTER 22, RELATING TO JUNKED VEHICLES ,,. RECOMMENDATION It is recommended that the City Council adopt the attached ordinance revising the Code of the City of Fort Worth, Chapter 22, relating to junked vehicles DISCUSSION The proposed revision updates the junked vehicle ordinance and replaces references to the "Texas Litter Abatement Act" with references to Chapter 683, Subchapter E of the Texas Transportation Code It designates the Municipal Court Hearing Officer as the official who will conduct hearings concerning the abatement and removal of junked vehicles as nuisances The revision also enables the Municipal Court to order a person convicted of maintaining a junked vehicle to abate and remove the junked vehicle If abatement is not accomplished as ordered by the Court, the City is authorized to remove the junked vehicle and assess the costs of the abatement against the guilty party The revision will enable Code Compliance with the assistance of the Police Department to legally do non-consent towing of junked vehicles from private property FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that this action will have no material effect on City Funds RG f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell g5> t CITY COUNCIL Originating Department Head: _ fXPR I Tom Davis 6300 (from) For Additional Information City S+sc:r~tuy Of tits City of Fort Wortt4'ra~s Contact: Tom Davis 6300 Printed on Recyded Paper Adopted Ord~r~~,nce~: Nc~.. ~~~-~/0