Ordinance No. 12,948 ORDINANCE NO. 12,948
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 34 `ENVIRONMENT," ARTICLE III "JUNKED, WRECKED,
ABANDONED PROPERTY," DIVISION 2 "VEHICLES," SECTION 34-91
"DEFINITIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, IS HEREBY AMENDED TO ADD DEFINITIONS OR CHANGE THE
DEFINITIONS OF "ABANDONED MOTOR VEHICLE," COLLECTOR OR
MOTOR VEHICLE COLLECTOR," CONTROLLED ACCESS HIGHWAY,"
"INOPERABLE," "JUNKED VEHICLE," "MOTOR VEHICLE," AND
"VEHICLE"; SECTION 34-93 "JUNKED VEHICLES DEEMED
NUISANCES"; SECTION 34-95 "NOTICE TO ABATE; HEARING;
DISPOSAL"; SECTION 34-97 "REMOVAL OF ABANDONED VEHICLES";
AND SECTION 34-98 "DISPOSITION OF ABANDONED VEHICLES" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE
REGULATIONS CONCERNING JUNKED AND ABANDONED VEHICLES;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34-91 "Definitions" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to add definitions or change the
definitions of "abandoned motor vehicle," Collector or motor vehicle collector," controlled
access highway," "inoperable," "junked vehicle," "motor vehicle," and "vehicle,"
which definitions shall read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE III. JUNKED,WRECKED,ABANDONED PROPERTY
DIVISION 2. VEHICLES
Sec. 34-91. Defimitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Abandoned motor vehicle means any motor vehicle that:
(1) is inoperable and more than five years old and left unattended on public property
for more than 48 hours;
(2) has remained illegally on public property for more than 48 hours;
(3) has remained on private property without the consent of the owner or person in
charge of the property for more than 48 hours;
(4) has been left unattended on the right-of-way of a designated state, county or
federal highway for more than 48 hours;
(5) has been left unattended for more than 24 hours on the right-of-way of a turnpike
project constructed and maintained by the state turnpike authority or a controlled
access highway; or
(6) is considered an abandoned motor vehicle under V.T.C.A., Transportation Code
§644.153(r).
Collector or motor vehicle collector means the owner of one or more antique or special
interest vehicles who collects, purchases, acquires, trades or disposes of an antique or special
interest vehicle or part of such vehicle for personal own use to restore, preserve and maintain an
antique or special interest vehicle for historic interest.
Controlled access highway has the meaning assigned by V.T.C.A., Transportation Code
§541.302.
Inoperable means mechanically incapable of being self-propelled or that, due to mechanical
defects, cannot be lawfully operated on public roads.
Junked vehicle means any motor vehicle, aircraft or watercraft, as defined in V.T.C.A.,
Transportation Code § 683.001, that:
(1) is self-propelled;
(2) if:
a. a motor vehicle, does not have lawfully attached to it an unexpired license
plate;
b. an aircraft, does not have lawfully printed on the aircraft an unexpired
federal aircraft identification number registered under Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; or
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C. a watercraft, does not have lawfully on board an unexpired certificate of
number and is not a water craft described by V.T.C.A., Parks & Wildlife
Code §31.055; and
(3) is:
a. wrecked, dismantled, or partially dismantled, or discarded; or
b. inoperable and has remained inoperable for more than 72 consecutive
hours.
Motor vehicle means any motor vehicle subject to registration under the Texas Certificate
of Title Act, V.T.C.A., Transportation Code ch. 501 et seq.
Vehicle means a motor vehicle, aircraft or watercraft as defined in V.T.C.A.,
Transportation Code § 683.001.
Section 2: That Chapter 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34-93 "Junked vehicles deemed
nuisances," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 34. ENVIRONMENT
ARTICLE III. JUNKED,WRECKED,ABANDONED PROPERTY
DIVISION 2. VEHICLES
Sec.34-93.Junked vehicles deemed nuisances.
Junked vehicle or a part of a junked vehicle located in any place where it is visible from a
public place or right-of-way:
(6) produces urban blight adverse to the maintenance and continuing development of
the city.
Section 3: That Chapter 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34-95 "Notice to abate; hearing; disposal"
of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE III. JUNKED, WRECKED,ABANDONED PROPERTY
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DIVISION 2. VEHICLES
Sec. 34-95. Notice to abate; hearing; disposal.
(a) Whenever any public nuisance exists in the city, as described in this article, a person
authorized in section 34-92 to administer and enforce this article shall send written notice
by personal delivery, by certified mail, with a five-day return receipt requested, or by the
United States Postal Service with signature confirmation service to the last known
registered owner of the nuisance, each lienholder of record of the nuisance, and the owner
or occupant of the private premises or the private premises adjacent to the public right-of-
way upon which such public nuisance is located. Such notice shall state the following:
(1) The nature of the public nuisance;
(2) The nuisance must be removed or abated within ten days after the date on which
the notice was personally delivered or mailed; and
(3) The recipient of the notice may request a public hearing within ten days of the
date on which the notice was personally delivered or mailed. Such hearing shall
be held before the judge of the municipal court. At the hearing it shall be
presumed that the vehicle is inoperable, unless otherwise demonstrated by the
owner.
(b) If the postal address of the last known registered owner of the junked vehicle is unknown,
notice to the last known registered owner shall be placed on the vehicle, or if the owner is
located, personally delivered.
(c) If any notice is returned undelivered by the U.S. post office, official action to abate the
nuisance shall be continued to a date not earlier than the eleventh (11`h) day after the date
of return.
(d) No vehicle that has been removed by the city or on behalf of the city under this article
may be reconstructed or made operable after it has been removed.
(e) Any order requiring the removal of the vehicle or vehicle part must include:
(1) for a motor vehicle, the vehicle's:
a. description;
b. vehicle identification number; and
C. license plate number;
(2) for an aircraft,the aircraft's:
a. description; and
b. federal aircraft identification number as described by Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; and
(3) for a watercraft, the watercraft's:
a. description; and
b. identification number as set forth in the watercraft's certificate of number.
(f) Any vehicle found to be a public nuisance under this article and ordered to be removed
and abated shall not be considered to be abated until such time as the vehicle is removed
to an authorized location or restored to such a condition that it no longer constitutes a
public nuisance under this article.
(g) If no hearing is requested within the time provided in this section or if a hearing is held
and the hearing officer orders that the vehicle be removed and the owner of the vehicle or
occupant of the premises shall fail to comply with an order of the court to remove the
vehicle, the director of health, or planning and community development shall cause the
vehicle to be removed and disposed of in accordance with this article.
(h) If a hearing is requested and, upon order by the judge of the municipal court or other
hearing officer designated of the city council that a junked vehicle be removed as a public
nuisance, the director of health, or planning and community development shall cause
such junked vehicle to be removed from the premises where it is located at the time.
(i) Upon such removal the director of health, or planning and community development shall
cause the junked vehicle to be transported to a scrapyard, demolisher or other suitable site
where the junked vehicle shall be disposed of as scrap or salvage.
(j) The director of health, or planning and community development may enter private
property to examine a vehicle or vehicle part, to obtain information as to the identity of
the vehicle or vehicle part and to remove or cause the removal of a vehicle or vehicle part
that constitutes a nuisance. The judge of the municipal court may issue orders necessary
to enforcement of this section.
(k) Upon removal of a junked vehicle under this article, a person authorized to enforce this
article shall cause notice to be sent to the state department of motor vehicles not later than
five days after the date of removal. Such notice shall identify the vehicle and shall request
the state department of motor vehicles to cancel the certificate of title to the vehicle.
(1) The city manager or the chief of police may arrange for or employ such assistance or
means as is necessary to carry out the duties prescribed in this section.
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(m) The regularly salaried full-time city employees authorized to enforce this article may
issue citations for violations of this article.
Section 4: That Chapter 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34-97 "Removal of abandoned vehicles"
of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE III. JUNKED,WRECKED,ABANDONED PROPERTY
DIVISION 2. VEHICLES
Sec.34-97. Removal of abandoned vehicles.
(a) The chief of police may take into custody any abandoned motor vehicle, aircraft,
watercraft, or outboard motor found on public or private property within the corporate
limits of the city by causing the removal of such vehicle to the police impound lot or
other appropriate facility designated by the chief of police.
(b) Upon taking an abandoned motor vehicle into custody, the chief of police shall send
notice of abandonment to:
(1) the last known registered owner of the abandoned motor vehicle, aircraft,
watercraft or outboard motor, and
(2) each lienholder recorded:
a. under Chapter 501 for the motor vehicle,
b. with the Federal Aviation Administration or the secretary of state for the
aircraft, or
C. under V.T.C.A., Parks and Wildlife Code ch. 31 for the watercraft.
(c) The chief of police that takes into custody an aircraft shall contact the Federal Aviation
Administration in the manner described by V.T.C.A., Transportation Code §22.901 to
attempt to identify the owner of the aircraft before sending notice required by subsection
(b) of this section.
(d) The notice required by subsection (b) of this section must:
(1) Be sent by certified mail not later than the tenth(10`h) day after:
a. Taking the motor vehicle, aircraft, watercraft or outboard motor into
custody, or
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b. Receiving the report under V.T.C.A., Transportation Code §683.031.
(2) Specify the year, make, model and vehicle identification number of the item;
(3) Give the location of the facility where the motor vehicle is being held;
(4) Inform the owner and lienholders of their right to reclaim the item not later than
the twentieth (201h) day after the date of the notice upon payment of:
a. towing, preservation and storage charges; or
b. garagekeeper's charges and fees under, V.T.C.A., Transportation Code
683.032 and, if the vehicle is a commercial motor vehicle impounded
under V.T.C.A., Transportation Code 644.153 (q), the delinquent
administrative penalty and costs; and
(5) State that the owner's or lienholder's failure to claim the item the time period
specified by subsection (d)(4) constitutes a waiver of all right, title and interest in
the item and constitutes their consent to the sale of the item at a public auction.
(e) If(i) the identity or address of the last registered owner of the item cannot be determined,
(ii) the registration has no address for the owner, or (iii) the determination with
reasonable certainty of the identity and address of all lienholders is impossible, notice
shall be given by publication in one newspaper of general circulation in the area where
the motor vehicle, aircraft, watercraft or outboard motor was abandoned shall be
sufficient. Notice by publication:
(1) Must be published in the same period that is required by subsection (d) for notice
by certified mail;
(2) Must contain all of the information required by subsection (d);
(3) Must have the same contents required for a notice by certified mail; and
(4) May contain a list of more than one abandoned motor vehicle, aircraft, watercraft
or outboard motor.
(f) The police department is not required to send a notice, as otherwise required by
subsection (b) of this section, if the police department has received notice from a vehicle
storage facility that an application has or will be submitted to the state department of
motor vehicles for the disposal of the vehicle.
(g) In addition to the notice required under Subsection (a), if the police department takes an
abandoned motor vehicle into custody, the police department shall notify a person that
files a theft report or similar report prepared by any law enforcement agency for the
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vehicle of that fact. The notice must be sent by regular mail on the next business day after
the police department takes the vehicle into custody. The police department shall also
provide the name and address of the person that filed the theft report or similar report to
the vehicle storage facility or governmental vehicle storage facility that is storing the
vehicle.
(h) This section does not affect a law authorizing the immediate removal of a vehicle left on
public property that is an obstruction to traffic.
Section 5: That Chapter 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34-98 "Disposition of Abandoned
vehicles" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 34. ENVIRONMENT
ARTICLE III. JUNKED, WRECKED,ABANDONED PROPERTY
DIVISION 2. VEHICLES
Sec. 34-98. Disposition of abandoned vehicles.
(a) If an abandoned motor vehicle, aircraft, watercraft or outboard motor has been taken into
custody and has not been claimed as provided by this article, the police department may
sell the vehicle at public auction, transfer the item, if a watercraft as provided by
V.T.C.A., Transportation Code §683.014(d), or use the item as provided by V.T.C.A.,
Transportation Code §683.016.
(b) Proper notice of the auction shall be given as follows:
(1) If a vehicle being auctioned is encumbered with a garagekeeper's lien, the
garagekeeper shall be notified of the time and the place of the auction; and
(2) Proper notice of the auction shall consist of a single publication in a newspaper of
general circulation in the area where the vehicle was abandoned and shall include
the following information:
a. The time, date and place of the auction;
b. A description of the year, make, model of the vehicle; and
C. The vehicle identification number, if known.
(c) The purchaser at auction shall receive a sales receipt from the police department.
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(d) From the proceeds of the sale of an abandoned motor vehicle, aircraft, watercraft or
outboard motor, the police department shall reimburse itself for the following:
(1) Expenses of the auction;
(2) Towing, preserving and storing fees resulting from taking the item into custody;
and
(3) All notice and publication costs.
(e) If the vehicle is a commercial motor vehicle impounded under V.T.C.A., Transportation
Code §644.153(q), the state department of public safety is entitled from the proceeds of
the sale to an amount equal to the amount of the delinquent administrative penalty and
costs.
(f) Any remainder from the proceeds of the sale shall be held for 90 days and for the benefit
of the owner or lienholder. After the expiration of 90 days, any remainder from the
proceeds of the sale shall be deposited in a special fund for the payment of auction,
towing, preservation storage, notice and publication costs resulting from taking other
vehicles, aircraft, watercraft or outboard motors into custody if the proceeds from the sale
of the other items are insufficient to meet those costs.
(g) Any amounts in the special fund exceeding $1,000.00 shall be transferred to the city
general revenue account for use by the police department, subject to the right of transfer
to compensate property owners whose property was damaged as a result of a pursuit
involving the police department or a federal law enforcement agency pursuant to
V.T.C.A., Transportation Code §683.15(f) and (g).
Section 3: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
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Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmati vote of the City Council of the
City of Baytown, this the 27th day of August, 2015.
S PHEN H. DONCARLOS, Mayor
AT S
E I BRYSCH, City . erk ,ayy• '°°C/Tr�,c�
0_
APPROVED AS TO FORM: 16
ACIO RAMIREZ, SR., C' Attorney
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