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