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Ordinance No. 1,153ORDINANCE NO. 1153 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY AMENDING DIVISION 2, IMPOUNDING VEHICLES, SO AS TO REPEAL THE PROVISIONS OF SUCH DIVISION AS PRESENTLY CONSTITUTED, AND TO SUB- STITUTE IN ITS PLACE THE PROVISIONS OF A NEW DIVISION 2, ABATEMENT AND REMOVAL OF JUNKED VEHICLES; DEFINING TERMS USED; DECLARING JUNKED VEHICLES OR ANY PARTS THEREOF TO BE A PUBLIC NUISANCE: SET- TING OUT EXCEPTIONS; DESIGNATING THE CHIEF OF POLICE AS ADMINISTRATOR OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR NOTICE TO OWNER OR OCCUPANT OF PREMISES WHEREUPON SUCH PUBLIC NUISANCE EXISTS; PRO- VIDING FOR A PUBLIC HEARING UPON REQUEST OF THE OWNER OR OCCUPANT OF THE PREMISES WHEREUPON SUCH PUBLIC NUISANCE EXISTS: PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by the amendment of Chapter 18, Motor Vehicles and Traffic, by amending Division 2, Impounding Vehicles so as to repeal the provisions of such Division as presently constituted, and to sub- stitute in its place the provisions of a new Division 2, which shall read as follows, to -wit: DIVISION 2 ABATEMENT AND REMOVAL OF JUNKED VEHICLES Section 2: Definitions. Whenever the following terms are used in this article they shall have the meanings respectively ascribed to them in this section: (a) Junked Vehicle. Any motor vehicle as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, as amended, which is inoperative and which does not have lawfully affixed thereto both an unexpired license plate and a valid motor vehicle safety inspection certificate and which is wrecked, dismantled, partially dismantled; or discarded. (b) Demolisher. Any person whose business is to convert a motor vehicle into processed scrap or scrapmetal, or otherwise to wreck or dis- mantle motor vehicles. (c) Motor Vehicle. Any motor vehicle subject to registration pur- suant to the Texas Certificate of Title Act. (d) Person. Any individual, firm, partnership, association, cor- poration, company or organization of any kind. Section 3: Junked Vehicles Located or Present Within City Deemed_ Public Nuisances and Maybe Abated or Removed. Junked vehicles or parts thereof which are located in any place where they are visible from a public place or public right -of- way,on public or private property are declared to be a public nuisance and maybe abated or removed. Section 4: Exceptions. This section shall not apply to: (1) 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 or, (2) 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 a junkyard. Section 5: Chief of Police to Administer. The Chief of Police of the City of Baytown is hereby designated as the Administrator of the provisions of this ordinance; except that the removal of vehicle or parts thereof from property, public or private, may be by any other person authorized to do so by the Chief of Police. The Police Department or appointee of the Chief of Police, may enter upon private property for the purposes specified in this ordinance to examine vehicles or parts thereof, to obtain information as to identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this ordinance. Section 6: Notice to Abate; Contents; Service; Hearin • Disposal; RPrnnctrijrti nn _ (a) Whenever any such public nuisance exists in the City, the Police Department shall send written notice, by certified or registered mail with a five (5) day return receipt requested, to the owner or occupant of the premises where- upon such public nuisance exists, stating the nature of the public nuisance; stating that the public nuisance must be removed and abated within ten (10) days; and stating that a request for a public hearing as provided for in Section b hereof must be made before expiration of said ten (10) days period if a hearing is desired. -2- If the notice is returned undelivered by the United States Post Office, official action by the City of Baytown to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. (b) Prior to the removal of the vehicle or part thereof as to a public nuisance, a public hearing may be held before the Municipal Court of the City of Baytown, if such hearing is requested by the owner or occupant of the premises on which said vehicle is located, within ten (10) days after service of notice to abate the nuisance. (c) After the hearing, the Municipal Court of the City of Baytown may order the vehicle or part thereof removed. Any such order shall include a description of the vehicle and the correct indentification number and li- cense number of the vehicle, if available at the site. (d) If no request for hearing as provided for in Section 5(b) hereof is made by the owner or occupant of the premises whereupon a public nuisance exists, or if said owner or occupant of the premises whereupon a public nuisance exists shall fail, refuse or neglect to comply with the order of the Court, the Chief of Police shall cause said public nuisance to be abated and removed. (e) Upon removal from public or private property, junked vehicles or parts thereof maybe disposed of by removal to a scrapyard, demolisher, or any suitable site for processing as scrap or salvage. (f) Any vehicle which has been removed under the provisions of this ordinance shall not be reconstructed or made operable. (g) The City of Baytown may operate a disposal site when the City Council determines that commercial channels for disposition are not available or are inadequate, and it may make final dispostion of such vehicle or parts thereof to such disposal site. Section 7: Notice to Texas Highway Department. The Police Department of the City of Baytown shall give notice to the Texas Highway Department within five (5) days of the date of removal, identifying the vehicle or part thereof removed under the terms of this ordinance. Section 8: Penalty Clause: Any owner or occupant of a premises in the City of Baytown on which there exists a public nuisance as herein set out and shall fail, refuse or neglect to remove or abate such nuisance or refuse to allow the removal of said vehicle or part thereof after receiving due notice as herein set out, or refuse to abide by any order requiring the removal of said vehicle or part thereof shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined in any sum not more than Two Hundred ($200.00) Dollars and each day such violation continues to exist, shall constitute a se- parate offense. Section 9: Severabilit . If any section, sub - section, paragraph, sentence, clause, phrase or word in this article or application thereof is de- clared invalid, if shall not affect the remaining portions thereof. Section 10: Effective Date: This ordinance shall take effect from and after ten (10) days after 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 of the City of Baytown at least twice within ten days after its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 18th day of C. GLEN WALKER, MAYOR ATTEST: erI EDNT OMM, City Clerk APPROVED: G S N, ity ttorney January , 1972. -4-