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1975D1- Junked Vehicles "I. .,- '. .' THE STATE OF TEXAS 1 COUNTY OF GUADALUPE 1 CITY OF SCHERTZ J On this, the 4th day of February, 1975, at 7:00 P.M. o'clock the City Council of the City of Schertz, Texas, convened at a regular meeting at the regular meeting place in the Municipal Building in the City of Schertz, Texas, pursuant to due call and notice to all of the members of said City Council, which meeting was at all times open to the public, and at which meeting the following members were present, to-wit: ROBERT C. MRS. NELL ROBERT E. DONALD J. TOM KOOLE MRS. BOBBIE BUEKER G. FUNK SCHWARTZ SEEBA L. KOCH MAYOR ALDERWOMAN ALDERMAN ALDEID-1AN ALDERMAN ALDERWOMAN and !-ms. JUNE G. KRAUSE DENNY L. ARNOLD CITY SECRETARY CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor, and, among other proceedings had were the following: The Mayor introduced the hereinafter set forth ardinance, which has been read ~nd considered at the last regular meeting of the City Council on the 21st day of Janaury, 1975. Whereupon said ordinance was discussed and further considered by the Council. L THEREUPON it was moved by Councilme;nber ~J2.)A )~ and seconded by Councilmember ~~/ . that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: All Councilmembers present voted "AYE". NAYS: None " .' . .' " , . ORDINANCE NO. 75""- D - / AN ORDINANCE REGULATING THE KEEPING OF JUNKED VEHICLES AND ABANDONED MOTOR VEHICLES WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ, TEXAS; MAKING PROVISIONS FOR THE REMOVAL OF JUNKED VEHICLES AND ABANDONED MOTOR VEHICLES THAT CONSTITUTE A PUBLIC NUISANCE; PROVIDING FOR A HEARING TO DETERMINE WHETHER A NUISANCE EXISTS; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; AND MAKING CERTAIN OTHER AND FURTHER FINDINGS AND PROVISIONS PERTINENT TO THE SUBJECT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I - DEFINITIONS A. "Junked Vehicles" means any motor vehicle as de- fined in Article 670ld-ll, Vernon's 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. B. "Abandoned Motor Vehicle" means a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the cansent of the owner or person in control of the proper- ty for more than 48 hours, or a motor vehicle left unattended on the rights-of-way of any designated City, county, state or federal highway within this state in excess of 48 hours or in excess of 12 hours on any turnpike project constructed and maintained by the Texas Turnpike Authority. C. "Police Department" means the Police Department of the City of Schertz, Texas, or the Chief of Police or any police officer employed by the Palice Department of the City of Schertz. D. "Antique Auto" means passenger cars or trucks that were manufactured in 1925 or before, or which become 35 or more years old. E. "Special Interest Vehicle" means a motor vehicle of any age which has not been altered or modified from the original manufacturer's specifications and, because of its historic inter- est, is being preserved by hobbyists. F. "Collector" means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest. SECTION II Junked vehicles, or parts thereof, which are located in any place where they are visible from a public place or public right-of-way are declared to be a public nuisance, and as such are subject to being abated ar removed in accordance with the procedures as outlined in this chapter. SECTION III The prov~s~ons of this chapter shall be administered by the Police Department of the City of Schertz, Texas. \ r -. .. " . SECTION IV 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 exists, 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 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 (5) 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 expir- ation of the ten (10) day period provided for the abatement of such nuisance. SECTION V In the event a request for hearing is made, such re- quest shall be placed on a regular docket of the Municipal Court of the City of Schertz, 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 requesting such hearing by certified mail with a five (5) 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 num- ber of the vehicle if such information is available at the site. SECTION VI After a vehicle has been removed from private property or from public premises or from public rights-af-way pursuant to this chapter, such vehicle shall not be reconstructed or made operable. SECTION VII 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 VIII apply to: The procedure outlined in this chapter shall not 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. 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 junkyard. C. Unlicensed, aperable or inoperable, antique and special interest vehicles stored by a callector on his property, provided that the vehicles and their storage areas are maintained in such a manner that they do not constitute a health hazard and . t._ f', " .... . " are screened from public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. SECTION IX If the notice to abate a nuisance as above provided is given to a person and the nuisance is not abated and no request for hearing is made by such person, then upon the expiration af the ten (10) day period provided in the notice, the Police Depart- ment 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 chapter. If a notice to abate a nuisance is given as above pro- vided and the person receiving such notice requests a hearing; and after such hearing it is detennined by the Judge of the Muni- cipal 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. SECTION X 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 ta enter upon such pri- vate property, public premises or public right-of-way from and after ten (10) days after the date of such return. SECTION XI Junked vehicles, or parts thereof, may be disposed of by the Police Department by removal to a scrap yard, demolisher, or any suitable site operated by the City of Schertz to be pro- cessed as scrap or salvage in the manner provided by Section 10, subdivision (c) of Article 6687-9, Texas Revised Civil Statutes, as amended. SECTION XII property, of in the Statutes, Abandaned motor vehicles can be removed from private public premises or public rights-of-way and disposed manner pravided in Article 6687-9, Texas Revised Civil as amended. SECTION XIII Failure of a person to abate a nuisance within ten (10) days after receipt of the notice to abate such nuisance, or within ten (10) days after the entry of an order of the Municipal Court finding that such nuisance exists if such person has requested a hearing on the question, shall be a violation of this ordinance and shall be punishable by a fine not to exceed $200. Each day that said nuisance is permitted to cantinue shall constitute a separate violation. ~ PASSED, ~~ ADOPTED AND APPROVED this, the q- t:I::- day of , 1975. ATTEST: JfL i /:4/e 34L Mayor, City 0 f Schertz, Texas