Ordinance No. 2,559ga
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ORDINANCE NO. 2559
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC,"
ARTICLE IX, ABATEMENT AND REMOVAL OF JUNKED VEHICLES,
AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE
A NEW ARTICLE IX; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown has
determined that the best interest of the City will be served
by making the Chief Inspector of the City of Baytown responsible
for the administration and enforcement of the ordinances
regulating the abatement and removal of junked vehicles; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the Code of Ordinances of the City of
Baytown is hereby amended by the amendment of Chapter 18,
"Motor Vehicles and Traffic," by repealing Article IX,
Abatement and Removal of Junked Vehicles, as it presently
exists and the same shall cease to have force and effect
from and after the effective date of this ordinance.
Section 2: That the Code of Ordinances of the City of
Baytown is hereby amended by the addition of a new Article
IX, Abatement and Removal of Junked Vehicles, which shall
read as follows, to wit:
ARTICLE IX. ABATEMENT AND REMOVAL
OF JUNKED VEHICLES
Sec. 18 -80. Definitions.
Whenever the following terms are used in this article,
they shall have the meanings respectively ascribed to them
in this section:
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(a) Junked vehicle: Any motor vehicle as defined in
Section 1 of Article 670ld -11, Texas Revised Civil
Statutes, 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
scrap metal, or otherwise to wreck or dismantle
vehicles.
(c) Motor vehicle: Any motor vehicle subject to
registration pursuant to the Texas Certificate of
Title Act.
(d) Person: Any individual, firm, partnership, asso-
ciation, corporation, company or organization of
any kind.
(e) Antique auto: A passenger car or truck that was
manufactured in 1925 or before, or which has
become thirty -five (35) or more years old.
(f) Special interest vehicle: A motor vehicle of any
age which has not been altered or modified from
original manufacturer's specifications and, because
of its historic interest, is being preserved by
hobbyists.
(g) Collector: 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 thereof for his own
use in order to restore, preserve, and maintain an
antique or special interest vehicle for historic
interest.
Sec. 18 -81. Junked vehicles located or present within the
city deemed public nuisances and may be abated
or removed.
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,
tending to reduce the value of private property, to invite
vandalism, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of
minors, and are detrimental to the economic welfare of the
state, by producing urban blight which is adverse to the
maintenance and continuing development of the municipalities
in the State of Texas, and such vehicles are therefore
declared to be a public nuisance.
Sec. 18 -82. Exceptions.
This article shall not apply to:
(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.
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(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 a junkyard.
(c) An unlicensed operable or inoperable antique or
special interest vehicle stored by a collector on
his property, provided that the vehicle and the
outdoor storage area are maintained in such manner
that they do not constitute a health hazard and
are screened from ordinary public view by means of
a fence, rapidly growing trees, shrubbery, or
other appropriate means.
Sec. 18 -83. Chief inspector to administer provisions; right
of entry.
The chief inspector of the City of Baytown is hereby
designated as the administrator of the provisions of this
article; except that the removal of vehicles or parts thereof
from property, public or private, may be by any other person
authorized to do so by the chief inspector.
The inspection department or appointee of the chief inspector
may enter upon private property for the purposes specified
in this article to examine vehicles or parts thereof, to
obtain information as to identification of vehicles, and to
remove or cause the removal of a vehicle or parts thereof
declared to be a nuisance pursuant to this article.
Sec. 18 -84. Notice to abate; contents; service; hearing;
disposal; reconstruction.
(a) Whenever any such public nuisance exists in the city,
the inspection department shall send written notice, by
certified or registered mail with a five -day return receipt
requested, to the owner or occupant of the private premises,
public premises or the premises adjacent to the public
right -of -way whereupon such public nuisance exists, stating
the nature of the public nuisance; stating that the public
nuisance must be removed or abated within ten (10) days; and
stating that a request for a public hearing as provided for
in subsection (b) hereof must be made before expiration of
said ten -day period if a hearing is desired.
If a 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 private premises,
public premises or the premises adjacent to the public
right -of -way 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 identification number and license number of the
vehicle, if available at the site.
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(d) If no request for hearing as provided for in section
18 -84(b) hereof is made by the owner or occupant of the
private premises, public premises or the premises adjacent
to the public right -of -way whereupon a public nuisance
exists, or if said owner or occupant of the premises where-
upon a public nuisance exists shall fail, refuse or neglect
to comply with the order of the court, the chief inspector
shall cause said public nuisance to be abated and removed.
(e) Upon removal from private premises, public premises,
or the premises adjacent to the public right -of -way, junked
vehicles or parts thereof may be 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 article 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 disposition of such vehicle or parts thereof to
such disposal site.
Sec. 18 -85. Notice to Texas Department of Highways and
Public Transportation.
The inspection department of the City of Baytown shall
give notice to the Texas Department of Highways and Public
Transportation within five (5) days of the date of removal,
identifying the vehicle or part thereof removed under the
terms of this article.
Sec. 18 -86. Penalty for failure to abate or allow abatement
of nuisance.
Any owner or occupant of a private premises, public premises
or the premises adjacent to the public right -of -way in the
City of Baytown on which there exists a public nuisance as
herein set out and who shall fail, refuse or neglect to
remove or abate such nuisance or refuse 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 conviction thereof, shall be fined in
any sum not more than two hundred and no /100 ($200.00)
dollars and each day such violation continues to exist,
shall constitute a separate offense.
Section 3: 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.
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Section 4: If any provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity 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.
Section 5: A person adjudged guilty of an offense as
defined in this chapter shall be punished by a fine not to
exceed Two Hundred and No /100 ($200.00) Dollars. Each day
an offense is committed shall constitute a separate offense.
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 of the City of Baytown at least twice
within ten (10) days after the passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown, this the 12
day of Ontnher , 1978•
ATTEST:
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EILEEN P. HALL, —City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
EMMETT 0. HUTTO, Mayor
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