Ordinance 98-14 Junked Vehicle

TOWN OF ANDERSON
ORDINANCE NO. 98-14
JUNKED VEHICLE ORDINANCE

AN ORDINANCE MAKING IT UNLAWFUL TO LEAVE OR PERMIT TO REMAIN UPON ANY PRIVATE OR PUBLIC PROPERTY WITHIN THE TOWN OF ANDERSON, TEXAS, ANY JUNKED VEHICLE, OR PORTIONS THEREOF, DECLARING THE LEAVING OR PERMITTING TO REMAIN, OF ANY JUNKED MOTOR VEHICLE, OR PART OR PORTION THEREOF, UPON PUBLIC OR PRIVATE PROPERTY IN THE TOWN OF ANDERSON, TEXAS (EXCEPT AS PROVIDED HEREIN) TO BE UNLAWFUL AND ESTABLISHING PROCEDURES FOR ABATEMENT AND REMOVAL OF JUNKED VEHICLES OR PARTS THEREOF, AND PUBLIC NUISANCES, FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, PROVIDING THAT NOTICE BE GIVEN; PROVIDING REMEDIES; AND PROVIDING A SAVINGS CLAUSE.

WHEREAS the Board of Alderman, Town of Anderson, Texas, find a large number of junked vehicles, as that term is defined herein, are from time to time left in places where they are visible from a public place or public right-of-way, that said junked vehicles create fire hazards and that the same constitutes an attractive nuisance, creating a hazard to the health and safety of minors, and the same or detrimental to the economic welfare of the Town of Anderson by producing the urban blight which is adverse to the maintenance and continuing development of the Town of Anderson, Texas.

WHEREAS the Town of Anderson, Texas has the authority to pass, approve and adopt this Ordinance in accordance with the Transportation Code Chapter 683 and Local Government Code Chapter 54.044.

Section A
SHORT TITLE
This Ordinance may be cited as “Junked Vehicle Ordinance.”

Section B
Definitions

For the purpose of this article, the terms used herein shall be interpreted to read as follows, and any words not herein defined shall be construed in the context used and by ordinary interpretation and not as a word of art:

Person. The word person shall include and be applied to a firm, partnership, association, corporation, club, society, group acting as a unit, or body politic, and corporate, as well as to an individual.

Public nuisance. The term public nuisance is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition that:
a. Injures or endangers the comfort, repose, health or safety of others; or
b. Offends decency; or
c. Is offensive to the senses; or
d. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any public or private right-of-way.
e. In any way renders other persons insecure in life or the use of property; or
f. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

Public place. The term public place shall include any public right-of-way, cemetery, park, school yard, or open space adjacent thereto; any public lake or stream, and any place or business open to the use of the public in general, open to public view or to which the public has access.

Public right-of-way. The term public right of way shall include any street, alley, boulevard, parkway, avenue, drive, highway, sidewalk or other public thoroughfare.

Antique auto. The term antique auto shall include passenger cars or trucks that are 40 years or older.

Collector. The term collector shall refer to the owner of one or more antique or special interest vehicles who collects, purchases or 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.

Demolisher. Any person whose business is to convert the motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle motor vehicles.

Junked Vehicle. Any motor vehicle as defined by Transportation Code Section 683.071 and as amended, which vehicle
a. is self-propelled and
b. is wrecked, dismantled or partially dismantled or discarded; or
c. is inoperable and has remained inoperable for more than
i. 72 consecutive hours if the vehicle is on public property; or
ii. 30 consecutive days if the vehicle is on private property.
iii. Does not lawfully have attached to it an unexpired license plate; or a valid motor vehicle inspection certificate.
d. is visible from public right of way
i. does not have a current license plate or valid motor vehicle inspection certificate, and is not capable of passing a state motor vehicle inspection.
ii. any wrecked, dismantled or partially dismantled vehicle
iii. on private property, any vehicle not working for more than twenty (20) consecutive days, or on public property, any vehicle not working for more than seventy-two (72) consecutive hours.

Special interest vehicle. The term special interest 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 a hobbyist.

Section C
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, reduce the value of private property, invite vandalism, create fire hazards, constitute and attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the Town of Anderson, Texas by producing urban blight which is adverse to the maintenance and continuing development of the Town of Anderson.

Section D
Making it unlawful to create or to maintain such a nuisance
It shall be unlawful for any individual, company or corporation to leave or permit to remain upon public or private property (except as hereinafter provided) within the Town of Anderson, Texas any junked vehicle or parts thereof.

Section E
Notice to Remove
1. Upon determination of the designee of the Town of Anderson that a nuisance exists in the
Town of Anderson, the designee shall give or cause to be given to the person maintaining or suspected of maintaining such a nuisance in writing a notice requesting abatement in ten (10) days. The notice shall state the nature of the public nuisance and that it must be abated and removed within said ten (10) day period. Such notice shall be mailed certified or registered mail to:

a. The last known registered owner of the nuisance,
b. Each lienholder of record of the nuisance, and
c. The owner or occupant of: the property on which the nuisance is located, or if the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
d. If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance itself or, if the owner is located, hand-delivered.

2. The notice must state that the nuisance must be abated and removed not later than the tenth
day after the date on which the notice was mailed, and any request for hearing must be made before the ten day period expires.

3. If the notice returns undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of the return.

Section F
Hearing
1. If a hearing is requested by a person for whom notice is required pursuant to this Ordinance, the hearing shall be held not earlier than the 11th day after the date of the service of the notice.

2. At the hearing the junked motor vehicle is presumed, unless demonstrated by the owner, to be inoperable.

If the information is available at the location of the nuisance, a resolution removal must include the vehicles:
a. Description;
b. Vehicle identification number; and
c. License plate number.

3. A request for hearing shall be in writing and shall be addressed to the Town of Anderson, Board of Alderman, to P.O. Box 592, Anderson, Texas 77830.

Section G
Order by Board of Alderman
If the Board of Alderman holds a required hearing and finds that the junked vehicle(s) is a nuisance, the owner or occupant of the premises shall be ordered to remove the junked vehicle within 10 days after the owner is given notice of the Order by Board of Alderman to Abate Junked Vehicle.

If the owner or occupant of the premises fails to attend the public hearing, the order shall cause to be delivered to the last known address of the owner or occupant of the premises. It shall be a violation of the Junked Vehicle Ordinance for the owner or occupant to fail to comply within the 10 days.

The Order shall state the information required, if available, pursuant to Section F above.

Section H
Duty of Owner or Occupant
In the event the owner or occupant does not request a hearing it shall be his duty comply with the order and abate the nuisance within 10 days of the date of the Order delivered to him.

Section I
Notice to the Texas Department of Transportation
Notice shall be given to the Texas Department of Transportation within five days of the removal, identifying the vehicle or part thereof.

Section J
Relocation
If the owner or occupant of the premises relocates a junked vehicle that is a public nuisance to another location to the Town of Anderson has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.

Section K
Removal and Abatement by Town of Anderson
Within 10 days after notice has been delivered to the owner or occupant of the premises, if a hearing is not requested the owner or occupant has not removed the junked vehicle, the Board of Inspectors may petition the Board of Alderman for an order to remove or cause to be removed the vehicle that was subject to the notice to a scrap yard, a motor vehicle demolisher, or a suitable site designated by the Town of Anderson.

Section L
Persons authorized to inspect and abate and remove
The Board of Alderman has designated the Board of Inspectors in Condemnation Ordinance No. 73A-09 for inspection of a nuisance. The Board of Inspectors are authorized to administer the procedures stated herein, enter private property to examine a public nuisance, obtain information to identify the nuisance and to remove or direct another authorized by the Board of Alderman to remove the junked vehicle. The Board of Alderman may designate any other appropriate person to inspect, abate or direct the abatement of the junked vehicle on private property.

Section M
Sale or disposal of vehicles
Any junked vehicle that has been removed may be disposed by sale to a demolisher making the highest bid to be processed as scrap or salvage by demolisher.

Section N
Where the Ordinance does not apply.
This Ordinance shall not apply to a vehicle or vehicle part:

1. That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
2. That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard, or that is an antique vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle and the outdoor storage area are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
c. Screened from ordinary public view by an appropriate means, including a fence, trees or shrubbery.

Section O
Penalty and Remedy

The Town of Anderson shall have the power to administer and enforce provisions of this Ordinance as may be required by governing law. The Board of Alderman shall have the authority to issue orders as necessary to enforce and implement provisions of this Ordinance within the Town of Anderson.

The Town of Anderson has the right to impose a civil penalty up to $1000.00 (one-thousand dollars) a day when it is shown that the defendant was actually notified of the provisions of this Ordinance or and after receiving notice failed to take action necessary for compliance with the Ordinance.

An Order of the Board of Alderman pursuant to this Ordinance is final and binding and constitutes prima facie evidence of the civil penalty in any court of competent jurisdiction in a civil suit brought by the Town of Anderson for final judgment in accordance with the established penalty.

To enforce any civil penalty under this Ordinance by district court judgment, the Town of Anderson secretary must file with the district clerk of the Grimes County a certified copy of the Order establishing the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty.

In addition to any other remedies contained herein, the Town of Anderson may enforce the provisions of this article pursuant to the applicable provisions of Chapter 54 of the Texas Local Government Code, which chapter provides for the enforcement of municipal ordinances.

Section P
Resort to the Courts

Nothing in this Ordinance shall be construed as abridging the right of the Town of Anderson, Texas to resort to the courts of this state for the enforcement of this Ordinance, or of the rights of any owner to resort to the courts of this state in an attempt to enjoin the enforcement of this Ordinance.

Section Q
Future Amended
Any and all portions of this Ordinance are subject to amendment by the Board of Alderman upon notice.

Section R
Savings clause
If any article, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of this Ordinance which shall remain in full force and effect.

Posted in

UPCOMING EVENTS

October 27

TOWN OF ANDERSON

P.O. Box 592
Anderson, TX 77830

Ph: (936) 873-3102