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2001H06-HEALTHORDINANCE NO. C:~/-/-7~- ~ ,, AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 10, ARTICLE ill, ABANDONED JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, SECTIONS 10-$1 THROUGH ¶0-68; PROVIDING A PENALTY CLAUSE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS' SECTION 1 THAT, Chapter 10, Article [[[, Sections 10-51 through 10-58 of the Code of Ordinancos, City of Schertz, Texas am heroby amond~ to mad as follows: Sec. 10-51, Definitions (1) Abandoned Motor Vehicle: A motor vehicle that is inoperable and more than five years old and lef~ unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or the person in charge of the property for more than 48 hours, or a motor vehicle lef~ unattended on the right-of-way of any designated county, state or federal highway within the state for more than 48 hours or for more than 24 hours on any turnpike project constructed and maintained by the Texas Turnpike Authority. (2) Antique Vehicle: Passenger cars or trucks that are at least 35 years old. (3) Collector: The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of antique or special interest vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. (4) Junk Vehicle: A vehicle that is self-propelled and (a) does not have lawfully attached to it an unexpired license plate or a valid motor vehicle inspection certificate, or (b) is wrecked, dismantled or partially dismantled, or discarded, or (c) is inoperable and has remained inoperable for more than 72 consecutive hours if the vehicle is on public property or 30 consecutive days if the vehicle is on private property. (5) Motor Vehicle: Any motor vehicle subject to registration under the Certificate of Title Act (Texas Transportation Code {}501.001 et seq.), including a motorboat, outboard motor, or vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. (6) Police Department: The police department of the City of Schertz, or Chief of Police or any police officer employed by the police department of the City of Schertz. (7) Special Interest Vehicle: A motor vehicle of any age which has not been altered or modified from the original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. Sec. 10-52, Authority to Take Possession of Abandoned Motor Vehicles Abandoned Motor Vehicles can be removed from private property, public premises, or public right-of-way with proper notification of owner and lienholder in compliance with procedures outlined in the Texas Transportation Code {}683.012 et seq. Sec. 10-53, Declaration of Junk Vehicles as Public Nuisance . Junk Vehicles, or parts thereof, that are lOcated in a place where they are visible from a public place or public fight-of-way are detrimental to the safety and welfare of the general public, tend to reduce the value of private property, invite vandalism, create a fire hazard, constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the City of Schertz by producing urban blight adverse to the maintenance and continuing development of the City of Schertz, and as such are declared to be a public nuisance. Sec. 10-54, Authority to Enforce The provisions of this division shall be administered by the City Manager or designated representative of the City of Schertz. A person authorized by the City of Schertz to administer the procedures adopted by the City of Schertz may enter private property for the purpose specified herein to examine the vehicle or vehicle parts, obtain information as to the identity of the vehicle, and remove or cause the removal of the vehicle or vehicle parts that constitutes a nuisance. An appropriate court located in the City of Schertz may issue orders necessary to enforce these procedures. Sec. 10-55, Procedures for Abatement and Removal of Junk Vehicles Declared a Public Nuisance; Exceptions (a) Junk Vehicles, or parts thereof, are subject to being abated or removed in compliance with procedures outlined in the Texas Transportation Code {}683.074 et seq., as amended. These procedures shall include the requirements for proper notice informing the owner of such Junk Vehicle of the fight to request a hearing with the City Council or its designated representative within a certain time limit and procedures for removal and disposal of Junk Vehicles. Any person may request and receive a copy of these procedures from the City of Schertz, provided that the person requesting a copy of the procedures pays a reasonable fee for the copying cost. (b) These procedures shall not apply to: (1) A vehicle or vehicle parts that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property. (2) A vehicle or vehcle part that is stored or parked in a lawful manner on private auto repair garage, if the vehicle or vehicle part and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard. (3) A vehicle or vehicle part 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 are maintained in a manner so that they do not constitute a he~th hazard, and are screened from ordinary public view by means of a fe~ace, rapidly growing trees, shrubbery, or other appropriate means, including a clean serviceable fitted car cover constructed of durable opaque material.. The cover Shall be maintained in good repair for the length of time it is us~'d for this purpose. The cover shall not be constructed from such things as~ parachutes, used paint tarps and similar type tarps. Any variations from ~this section must have the approval of the City Council. See. 10-56, Disposal of Ju:ak Vehicles Junk Vehicles or Parts thereof may be disposed of by the City Manager or a designated representative of the City of Schertz by removal to a scrap yard, a motor vehicle demolisher, or any Suitable site to be processed as scrape or salvage in the manner provided under Texas TranSportation Code {}683.078, as amended. Sec. 10-57, Conflict of Law The authority to .take possession of Abandoned or Junked Vehicles and procedures therefor, as adOpted by the City of Schertz, are to be construed in a manner consistent with law of the State of Texas. If the provisions or procedures adopted by the City of Schertz should conflict with the law of the State of Texas at any time, Texas State law shall prevail. Sec. 10-58, Penalties Any violation by axty person, finn or corporation of this ordinance is declared to be unlawful and a misdem~anor and any violation thereof shall be punished by a fine of not less than forty ($40.0(~) dollars or more than two hundred ($200.00) dollars. Any person in violation of this .ordinance and having paid a fine shall not be relieved of the abatement and removal of the public nuisance. SECTION 2 THAT, all ordinances or Parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the~~day of.. ~2001. PASSED, APPROVED AND ADOPTED this the ~ day of ~.~7'~~-¢_~ , 2001. Mayor, City of Schertz, Texas ATTEST: C'ty Secretary, City of Schertz (SEAL OF CITY) THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT .y oo Before me, the und, ej'signed authority, on thi,s,., date personally appeared . ~ ~(~~_~ , known:"to me, who, being by me duly sworn, on her oath deposes and says that she is the Advertising Director of The Seguin Gagette- Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper / _ time(s) before the return day named therein, such publications being on the following dates' and a newspaper copy of wh ich is hereto attached. 8~,~nd subscribed bef()re me this .~ :'-~ of day ~ , A.D., 2001 - ~ ~ . ' ~ Nota~ pUblic, GuadalUpeCoun~,?Texas':.(... . : ".. .'." '.'. -:" '-..~;~~~. ~~:~~~~~~~.~~~~~~ .~~7..;~,~'.5.'~.:',"'.';~?~:-~: ~.,~.?;;;:-;¥';':,~' ;.;:'i- '-- I: / . .. .......... , . i~ .. ~.':','*'.¢'~ ~-.< :~' ,z ..;;:, r~..-~"...,' . ",.' .. THE STATE OF TEXAS, PUBLISHER'S AFFIDAVIT County of Guadalupe Bofom mo, tho undorsionod authority, on this date personally appoamd - ~ , known to me, who' being by me duly swom, on his oath dopose$ and says that ho is tho ~ublishor of The $oouin Gazotto-finter..p...dso, nowspaper published in said county; that a copy of tho within and fomooing notice was published in said newspaper /, time(s) before the retum day named therein, such publications being on the following dates' By' the City of 8chedz, ~~';~r¢,,,v.iding ~ thaf::i:'the cie II1,. a~n~n~ and a newspaper copy of which is hereto aEached. Sw~~ subscribed before me this ~'d''~ day of . . ................. ~ ~,,~¢,,~,,",,_,_ .' ~.........~............... ~... '..:- ...-~, ..~.~:~.:~.~:~?~..:..:.~.-...... . .;:. ;"....~... '....... ,.. 'C~~~¢~ERY'..." .'". 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