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ORD 310 04/21/1983 • Ai. ORDINANCE NUMBER —6. /1). 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 PROPERTY WITHIN THE CITY OF CIBOLO, TEXAS, ANY JUNKED VEHICLE OR PORTIONS THEREOF, FOR ANY PERIOD OF TIME EXCEEDING TEN (10) DAYS; DECLARING THE LEAVING OR PERMITTING TO REMAIN, OF ANY JUNKED VEHICLE, OR PORTION THEREOF, UPON PUBLIC OR PRIVATE PROPERTY IN THE CITY OF CIBOLO, TEXAS, (EXCEPT AS PROVIDED HEREIN) , TO BE UNLAWFUL AND ESTABLISHING PROCEDURES FOR ABATEMENT AND REMOVAL OF JUNKED VEHICLES OR PARTS THEREOF, AS PUBLIC NUISANCES, FROM PRIVATE PROPERTY OR PUBLIC PROPERTY; PROVIDING A PENALTY OF NOT LESS THAN ONE ($1.00) DOLLAR NOR MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR VIOLATION OF THIS ORDINANCE; AND REPEALING ORDINANCE NUMBER 11 DATED JULY 19, 1967 AND ORDINANCE NUMBER 44 DATED OCTOBER 19, 1972. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: 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 respective meaning 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 convert 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 Article 6701d-11 , Vernons Revised Civil Statutes of Texas, as amended, which is inoperative and which does not have lawfully affixed thereto both an unexpired 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. (f) Antique Auto: Means passenger cars or trucks that were manu- factured in 1925 or before, or which become thirty-five (35) or more years old. 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 detrimental to the safety and welfare of the general public and are declared to be a public nuisance, and as such .are subject to being abated or removed in accordance with the procedures as outlined in this ordinance. SECTION 4 ENFORCING AUTHORITY: The provisions of this ordinance shall be adminis- tered by the police department of the City of Cibolo, Texas. SECTION 5 MAKING IT UNLAWFUL TO CREATE OR MAINTAIN SUCH NUISANCE: It shall be un- lawful for any individual , company or corporation to leave or permit to • • remain upon public or private property (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 6 NOTICE OF NUISANCE: REQUEST FOR HEARING: The police department, upon determining that a person is maintaining a public nuisance by permitting junked vehicles or parts thereof to be maintained on private property, public premises or public rights-of-way, shall cause a notice to be mailed to the owner or occupant of the private property whereupon such public nuisance exist, or to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right- of-way whereupon such public nuisance exist, as the case may be, which notice shall state the nature of the public nuisance and provide that the public nuisance must be removed or abated within ten (10) days. Such notice shall be mailed by certified mail with a five-day return requested. Said notice shall further state that in the event the person owning such public nuisance desires a hearing to determine whether a nuisance in fact exists, that such owner must request such hearing before the expiration of the ten-day period provided for the abatement of such nuisance. SECTION 7 HEARING; NOTICE; ORDER: In the event a request for hearing is made, such request shall be placed on a regular docket of the municipal court of the City of Cibolo, Texas, and such hearing shall be conducted before and determined by the judge of the municipal court. At least ten (10) days notice of such scheduled hearing shall be given to the person re- questing such hearing by certified mail with a five-day return requested. After such hearing is conducted, if an order is entered by the judge of the municipal court requiring the removal of such vehicle, the order shall include a description of the vehicle and the correct identification number and license number of the vehicle if such information is available at the site. If the municipal judge finds that such nuisance as herein descriped 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. SECTION 8 WHENEVER A HEARING IS NOT REQUESTED: 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 abate such nuisance within ten (10) days after the date of the receipt of such notice. SECTION 9 VEHICLE 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 reconstructed or made operable. SECTION 10 NOTICE TO BE GIVEN TO TEXAS HIGHWAY DEPARTMENT UPON REMOVAL OF VEHICLE: In the event a vehicle or part thereof is removed from private property or from public premises or from public rights-of-way, notice shall be given to the Texas Highway Department within five (5) days after the removal thereof, identifying the vehicle or part thereof so removed. SECTION 11 ABATEMENT OF NUISANCE BY POLICE DEPARTMENT: (a) If the notice to abate a nuisance as provided in this ordinance is given to a person and the nuisance is not abated and no request for hearing is made by such person, then upon the ex- piration of the ten-day period provided in the notice, the police department of the City of Cibolo shall be authorized to enter upon such private property, public premises or public right-of- way and abate the nuisance so maintained in violation of the provisions of this ordinance. If a notice to abate a nuisance is given as above provided and the person receiving such notice requests a hearing, and after such hearing it is determined by the judge of the municipal court that such nuisance does exist, then such nuisance shall be abated within ten (10) days from and after the date of the entry of the order by said judge to abate such nuisance. If the nuisance is not abated in accordance with said order within ten (10) days, then the police department shall be authorized to enter upon such private property, public premises or public right-of-way and abate the nuisance so maintained. (b) In the event the notice to abate a nuisance as above provided is returned undelivered by the United States Post Office, the police department shall be authorized to enter upon such private property, public premises or public right-of-way from and after ten (10) days after the date of such return. SECTION 12 THE PROCEDURE OUTLINED IN THIS ORDINANCE SHALL NOT APPLY TO: (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visable from the street or other public or private property. (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection within the business of a licensed vehicle dealer or junkyard. (c) Unlicensed, operable or inoperable, antique and special interest vehicles stored by a collector on his property, provided that the vehicles and their storage areas are maintained in such manner that they do not constitute a health hazard and are screened from public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. SECTION 13 DISPOSAL BY POLICE DEPARTMENT: (a) Junked vehicles or parts thereof may be disposed of by the police department by removal to a scrap yard or by sale to a demolisher for the highest bid or 3ff2r received therefore or to remove same to anysuitablesite operated by the City of Cibolo to be processed as scrap or salvage. Out of the proceeds received, the police department 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). SECTION 14 REPEAL OF ORDINANCES: Ordinances number 11 , dated July 19, 1967, and number 44 dated October 19, 1972, are hereby repealed. • - SECTION 15 Any violation by any person, firm or coporation of this ordinance is declared to be unlawful and a misdemeanor, and any violation thereof shall be punished by a fine of not less than one ($1.00) dollar nor more than two hundred ($200.00) dollars and each and every day this Ordinance is violated shall constitute a separate offense. SECTION 16 This. ordinance shall take effect upon its passage, approval and publication as prescribed by law. PASSED AND APPROVED THIS THE 61L-DAY OF C / , 1983. MAYOR, CITY OF CIBOLO ATTEST: - CITY SECRETARY