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ORD 44 10/19/1972 f • i ORDINANCE NO. 44 AN ORDINANCE PROVIDING THAT SUCH ORDINANCE MAY BE CITED AS THE "JUNKED MOTOR VEHICLE ORDINANCE, MAKING IT UNLAWFUL TO LEAVE OR PERMIT TO REMAIN UPON ANY PRIVATE OR PUBLIC PROPER- TY WITHIN THE CITY OF CIBOLO, TEXAS, ANY JUNKED VEHICT,R, OR PORTIONS THEREOF, FOR ANY PERIOD OF TIME EXCEEDING TEN (10) DAYS; DECLARING THE TFAAVING OR PERMITTING TO REMAIN, OF ANY JUNKED MOTOR VEHICLE, OR PART OF PORTION THEREOF, UPON PUBLIC OR PRIVATE PROPERTY IN THE CITY OF CIEOLO, TEXAS, (EXCEPT AS PROVIDED HEREIN) TO BE UNLAWFUL AND ESTABLISHING PROCEEDURES FOR ABATEMENT AND REMOVAL OF JUNKED VEHICLES OR PARTS THERE- OF, AS PUBLIC NUISANCES, FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, PROVIDING THAT NOTICE BE, GIVEN; PROVIDING A PENALTY; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City Council of the City of Cibolo, Texas, finds a large number of junked vehicles, as that term is de- fined herein, are from time to time left in places where they are visible from a public place or public right-of-way, that said junked vehicles create fire hazards and that the same constitutes an attractive nuisance, creating a hazard to the health and safety of minors, and the same are detrimental to the economic welfare of the City by producing urban blight which is adverse to the maintenance and continuing develop- ment of the City of Cibolo , Texas; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: SECTION 1: Short Title (a) This Ordinance may be cited as "Junked Vehicle Ordinance" . SECTION 2: The following terms whenever used or referred to in this ordinance shall have the following reapective mean- ing unless a different meaning clearly appears from the context: (a) City shall mean the City of Cibolo, Texas . (b) Police Department shall mean the police department of the City. ,(c) Demolisher means any person whose business is to con- vert the motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantel motor vehicles. (d) Junked Vehicle means any motor vehicle as defined in Section 1 of Article 827 (a) , Vernon' s Texas Penal Code as amended, which vehicle is inoperative and which does not have lawfully affixed thereto both an unex- pired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked; dismantled; partially dismantled, or discarded. (e) Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act. 411 s • a r SECTION 3: Junked Vehicles Declared a Public Nuisance. Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detri- mental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the State, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the State of Texas, and such vehicles are therefore, declared to be a public nuisance. SECTION 4: Making it Unlawful to Create or to Maintain Such Nuisance. It shall be unlawful for any individual, company or corp- oration to leave or permit to remain upon public or private proper- ty (except as hereinafter provided) , within the City of Cibolo, Texas, any junked vehicle or parts or portion thereof, for any period of time in excess of ten (10) days . SECTION_ 5: Notice by City Marshal of the City of Cibolo, Texas. (a) Whenever it is brought to the attention of the City Marshal of the City of Cibolo, Texas , that a nuisance, as defined herein, exists in the City of Cibolo, the City Mar- shal shall give or cause to be given to the person maintain- ing or suspected of maintaining said nuisance, in writing a ten(10) day notice, stating the nature of the public nuisance and that it must be removed and abated within ten (10) days; and further that a request for a hearing must be made before the expiration of said ten (10) day period, said notice to be mailed, by certified or registered mail with a five (5) day return requested, to the owner or occupant of the premises where upon such public nuisance exists . If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. (b) A public hearing shall be had prior to the removal of the vehicle or part thereof as a public nuisance, the same should be held before the municipal judge of the City of Cibolo, when such hearing is requested by the owner or occupant of the premises on which said vehicle is located, within ten (10) days after service of notice to abate the nuisance . Any resolution or order requiring the removal of the vehicle or part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available at the site. SECTION 6: Order by Municipal Judge. After the hearing is held by the judge of the municipal court of the City of Cibolo as herein provided, if said municipal judge finds that such a nuisance as herein defined exists he shall order the owner or occupant of the premises on which said vehicle is located to remove such junked vehicle within ten (10) days after said order is given to such owner or occupant of the premises on which said vehicle is located. It shall be unlawful and a violation of this ordinance for any such person to whom such order is given to fail or refuse to comply therewith and to remove such junked vehicle within the time provided by said order. 111 SECTION 7: Duty of Owner or Occupant of the Premises. In the event the owner or occupant of the premises does not request a hearing as hereinabove provided it shall be his duty to comply with the provisions of the notice given him and to a- bate such nuisance within ten (10) days after the date of the receipt of such notice. SECTION 8: Vehicles Not to be Made Operable. After a vehicle has been removed in accordance with or under the terms and provisions of this ordinance, it shall not be re- constructed or made operable. SECTION"` 5: Notice to Texas Highway Department. Notice shall be given to the Texas Highway Department with- in five (5) days after the date of removal identifying the vehicle or part thereof. -SECTION 10: Where Article Does Not Apply. This ordinance does not apply to: (a) A vehicle or part thereof which is completely enclosed within a -building in a lawful manner where it is not visible from the street or other public or private property; or (b); A vehicle or part thereof -which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard. SECTION 11: Administration of This Ordinance. The administration of this ordinance shall be by regularly salaried employees of the City of Cibolo, except that the re- moval of vehicles or parts thereof from property may be by any other duly authorized person. SECTION 12: Removal of Vehicle . Within ten (10) days after notice has been delivered to the owner or occupant of the premises on which a junked vehicle is located if a hearing is not requested, or if a hearing is request- ed, within ten (10) days after an order requiring the removal of such junked vehicle has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the City Marshal of the City of Cibolo or members of the Police Department of the City of Cibolo , acting under the direction of the City Marshal, may if said nuisance has not been abated, re- move or caused to be removed the vehicle which was the subject of such notice to a suitable city storage area designated by the Mayor of the City of Cibolo, Texas. Such vehicle shall be stored in such storage area for a period of not less than ten (10) days during which period any party owning or claiming any right, title or interest therein shall be entitled to claim possession of same by the payment to the City of Cibolo, Texas, the actual cost of the City of abating such nuisance . The City Marshal may in such cases, if he deems it necessary, require such person to post bond of not more than 450.00 nor less than 425.00, conditioned that such person will not use said vehicle to create another nuisance in the City of Cibolo. SECTION 13: Sale or Disposal of Vehicles . When any junked vehicle has remained in the storage area provided in Section 12, hereof, for not less than ten (10) days it shall be the duty of the City Marshal of the City of Cibolo, Texas, to dispose of same by removal to a scrap yard or by sale to a demolisher for the highest bid or offer received therefor or to remove same to any suitable site operated by the City for processing as scrap or salvage. 41/ • 110 • SECTION 14: Out of the proceeds of same the City Marshal shall pay for the cost of removal and storage and the balance, if any, shall be paid to the person entitled thereto (either owner or lienholder) . If there is not a bid or offer for the junked vehicle the City Marshal may dispose of same by causing it to be demolished or removed to a place provided by the City Council, or by per- mitting it to be removed by a demolisher who is willing to do so for the benefit of the junk or parts he can salvage. SECTION 15: City Marshal May Delegate . Whereever the City Marshal is charged with the enforcement of this ordinance, he may delegate said authority to any regular salaried employee of the Police Department of the City of Cibolo. SECTION 16: Purview of this Ordinance. It is not intended by this ordinance to make provisions pertaining to abandoned motor vehicles as that term is defined by the "Abandoned Motor Vehicle Act" . SECTION 17: Ordinance No . by the City of Cibolo is hereby repealed. SECTION, 18: Any person who shall violate the terms and provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than ; 1.00, and not more than 200.00, and each and every day this Ordinance is violated shall constitute a separate offense. PASSED LND APPROVED this Whday of Oc_708ER , A. D. 1972. F. S. s??dfetiAlZchMayor ATTEST: f W CuLL Edward Ling City Sk4retary