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1989H11- AMENDED BY REVISING CHAPTER 10 ORDINANCE NO. 89- ff-/) AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 10, ARTICLE III, DIVISION 1 OF SAID CODE, PROVIDING GENERALLY FOR THE SALE, NOTICE OF SALE, REDEMPTION AFTER IMPOUNDMENT, FEES TO BE CHARGED, DISPOSITION OF PROCEEDS OF SALE AND RECORDS TO BE KEPT ON ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE; BY REVISING CHAPTER la, ARTICLE III, DIVISION 20F SAID CODE, PROVIDING FOR THE DEFINITION, ENFORCEMENT OF AUTHORITY, NOTICE OF NUISANCE AND REQUEST FOR HEARING, THE HEARING, NOTICE AND ORDER, ABATEMENT OF NUISANCE BY POLICE DEPARTMENT, DISPOSAL BY CITY OF SCHERTZ OF MOTOR VEHICLES, AND EXCEPTIONS; REPEALING ALL ORDINANCES IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT Article III, Division 1, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-37 of the Code of Texas be amended so that said "Sec. 10-37. Sale generally. For property not meeting the above criteria and if the owner 1S unknown or cannot be located, the City Manager or designated representative must, after a 30 day period, publ ish a one-time notice in a general-circulation newspaper giving a description of the property, name of owner, if known, and the name/address of the officer holding the property. A statement must also be made that if the owner does not claim the property within six months from the date of the notice the property will be sold and the proceeds, less storage/sale costs, will be placed in the city treasury. Two weeks prior to the sale, at least once a week for two consecutive weeks, a notice must be placed in a general circulation newspaper stating the location/date of sale, description of property to be sold, and the name of owner if known. On the day of the sale the City Manager or designated representative can accept a bid or, if bids are not sufficient, hold the property for sale at a later date." II THAT Article III, Division 1, Sec. Ordinances of the City of Schertz, Texas section shall read as follows: 10-38 of the Code of be amended so that said "Sec. 10-38. Notice of sale-Generally. Before selling personal property other than motor vehicles impounded under this division, the City Manager or designated representative shall post a notice thereof at the entrance of the City Hall and shall cause a copy thereof to be published in a newspaper of general circulation in the city once a week for two (2) consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the day of the sale. The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will be sold at public auction, designate the place of sale, and state a time and date of sale which shall not be less than fourteen (14) days from the date of posting such notices as herein required." III THAT Article III, Division 1, Sec. 10-40, Item (1) of the Code of Ordinances of the City of Schertz, Texas be amended so that said item of section 10-40 shall read as follows: "Sec. 10-40. Redemption after impoundment. The owner or any person legally entitled to possession of personal property impounded under this division may redeem the same as follows: (1) Before sale: By paying to the City of Schertz the impounding fee and any other actual expenses incurred by the city in impounding and keeping the impounded property as determined by the city manager or designated representative." IV THAT Article III, Division 1, Sec. 10-41, Items (1), (2), (3) and (4) of the Code of Ordinances of the City of Schertz, Texas be amended so that said items of section 10-41 shall read as follows: -2- "Sec. 10-41. Fees to be charged. The following fees shall be charged and shall be paid into the city treasury: ( 1 ) For taking and impounding any twenty-five dollars ($25.00). personal property, (2) For preparing advertisements of sale for each article, ten dollars ($10.00). (3) For selling each article, five dollars ($5.00). (4) For posting notices of sale relating to anyone article, two dollars and fifty cents ($2.50)." v THAT Article III, Division 1, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-42, of the Code of Texas be amended so that said "Sec. 10-42. Disposition of proceeds of sale. All proceeds from the sale of impounded property will be deposited within the City of Schertz General Fund." VI THAT Article III, Division 1, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-44, of the Code of Texas be amended so that said "Sec. 10-44. Records to be kept. The City Manager or designated representative shall keep a record book which shall contain: A description of all property impounded under this division; the date and time of such impounding; the date notices of sale were posted and advertised and mailed to owners and lienholders; the return of receipts of registered notices or affidavits of publication; the date of the sale at auction; the amount realized for each article at such sale; the name and address of the owner and lienholders, if known; information as he may deem necessary." -3- VII THAT Article III, Division 2, Sec. 10-51, second paragraph of the Code of Ordinances of the City of Schertz, Texas be amended so that said paragraph of section 10-51 shall read as follows: "Sec. 10-51. Definitions. Antique vehicle: Passenger factured in 1925 or before, or more years old. cars or trucks that were manu- which become thirty-five (35) or Junked vehicles: Any motor vehicle as defined in Article 6701d-11, Vernon's Revised Civil Statutes of Texas, as amended, which is inoperative, does not have lawfully affixed to it both an unexpired license plate and a valid motor vehicle safety inspection certificate, or that is wrecked, dismantled, partially dismantled or discarded; or remains inoperable for a continuous period of more than forty-five (45) days." VIII THAT Article III, Division 2, Sec. 10-53 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. la-53. Enforcing authority. The provisions of this division shall be administered by the City Manager or designated representative of the City of Schertz, Texas." IX THAT Article III, Division 2, Sec. 10-54 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-54. Notice of nuisance; request for hearing. The City Manager or designated representative, upon determining that a person is maintaining a publ ic 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 exists, or to the owner or occupant of the public premises or to the owner or -4- occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists, 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. If the owner or occupant cannot be located, such notice will be publ ished one time in a general circulation newspaper. Said notice shall further state that in the event the person owning such public 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." x THAT Article III, Division 2, Sec. Ordinances of the city of Schertz, Texas section shall read as follows: 10-55 of the Code of be amended so that said "Sec. 10-55. Hearing; notice; order. In the event a request for a hearing is made, such request shall be placed on the agenda of the next regular meeting of the Planning and Zoning Commission of the City of Schertz, Texas, and such hearing shall be conducted before and determined by the Commission. At least ten (10) days notice of such scheduled hearing shall be given to the person requesting such hearing by certified mail with a five-day return requested. If the owner or occupant cannot be located, such notice will be published one time in a general circulation newspaper. After such hearing is conducted, if it has been ruled by the Planning and Zoning Commission 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." XI THAT Article of the Code of amended so that follows: III, Division 2, Sec. 10-58, Items (a) and Ordinances of the City of Schertz, Texas said items of section 10-58 shall read (b) be as "Section la-58. Abatement of nuisance by police department. (a) If the notice to abate a nuisance as above provided in section 10-54 is given to a person and the nuisance is not abated and no request for hearing is made by such person, then upon the -5- expiration of the ten-day period provided in the notice, the City Manager or designated representative of the City of Schertz 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 division. 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 Planning and Zoning Commission that such nuisance does exist, then such nuisance shall be abated within ten (10) days from and after the date of the decision by the Planning and Zoning Commission to abate such nuisance. If the nuisance is not abated in accordance with said order within ten (10) days, then the city manager or designated representative 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 city manager or designated representative 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." XII THAT Article of the Code of amended so that follows: III, Division 2, Sec. 10-59, Items (a) and Ordinances of the City of Schertz, Texas said items of section 10-59 shall read (b) be as "Sec. 10-59. Disposal by City of Schertz. (a) Junked vehicles or parts thereof may be disposed of by the City Manager or designated representative by removal to a scrap yard, demolisher or any suitable site designated by the City of Schertz to be processed as scrap or salvage in the manner provided under 4477-9a, Article V et ~ of the Texas Revised Civil statutes, as amended. (b) Abandoned motor vehicles can be removed from private property, public premises or public rights-of-way and disposed of in the manner provided under 4477-9a, Article V et ~. of the Texas Revised Civil statutes, as amended." -6- XIII THAT Article III, Division 2, Sec. lO-60, Item (c) of the Code of Ordinances of the City of Schertz, Texas be amended so that said item of section 10-60 shall read as follows: "Sec. 10-60. Exceptions. (c) Unlicensed, operable or inoperabloe, antique and special interest vehicles stored by a collector on his property, provided that the vehicles and their storage areas are maintained in such a manner that they do no constitute a health hazard and are screened from public view by means of a fence, rapidly growing trees or shrubbery. " XIV All ordinances and parts of ordinances ln conflict with this ordinance are hereby repealed. ,/J1;lOJc.el ~ day of ~ 19~ APPROVED on first reading the ~ day of PASSED, APPROVED AND ADOPTED this the 19$2. ------ ATTEST: C' Y Secretary, City of Schertz (SEAL OF CITY) -7- A DMSJON OF 53 ~,~~~rland (COUNTY OF BEXAR) (STATE OF TEXAS) I PUBLISHER'S AFFIDAVIT I, Paul Davis, authorized representative of the LIFE NEWSPAPERS, do solemnly swear that the notice, a printed copy of which is attached, was published once a week for 1 consecutive week(s) in the HERALD LIFE published at Universal City, Bexar County, Texas on the following date(s) to wit: A ril l3 1989 r , ~ Subscribed and sworn to before me, this April , 1989. @!Y. ,..;!"",."IiCI_.... Jll.illl"". '~~t, AN~ ING 1*1' tHI! boDE OF otIO!I,iA/IICG.,crrv OF $CHlArz. TEXAS, 'E MENDED BY AEVIllING CHAPTER 10. ARTICLE III.DM$la~n of lIMl <XlDL I'RtMDlNG GEH- ERAU. Y FOIl THE SALE, ~OF~ REDE- IlPTIQN, AFTER 1M- POUNOMIH1'i' I'EIe TO BE ~".,DI8PCl8l- lION OF PAClCEEDS OF SALE AND I'lECORDS TO BE KEPT ON ABAN. DONED. JUNKED PROP. EFlTY AND flROP8TY FOUND INVIOLA~~ 0RDtHANCE: BY .."... 18th day of INCI CH.I.I I.... 10. AfITI. OLE Ill. 01'118IOIoI 2 OF 1M) COllI, Pfll:MDiNG FO!t.DEFINITION, EN. FORCEM'ENT OF, AU. THORITY. NOTICE OF IW'ISANCE AND RE. QU~ I'OR /'fEARING. THE HEARING; NOTICE ANO ORDER. ABATE. MENT OF NUIlIANCE BY POLICE DIOPAflNENT. D18PO$AL BY CITY OF SCHERTZ Ol'MOTOR YEHlCI.E$,' AND EXCEP- TIOfolS: ~ ALL ORDINANCES IN ClONFUCT. ~S2,~~ NO ARY PUBLIC SI ATURE Rebecca Sue Lauterbach Notary Public Printed or Typed Name My Commission Expires: 04/17/9l P....d., approv.d .nd lldllplId Iht .... dtIy 01 Apltt iW. June G. KM.. Clew ....., v 122 E. BYRD 512-658-14~ UNIVERSJJ. CITY, TX 18148