OR 96-748 Abatement of junked vehicles AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 96748
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9,
ARTICLE 9-4 TO PROVIDE REGULATIONS FOR THE ABATEMENT OF
JUNKED VEHICLES; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the
same is hereby amended by amending Chapter 9, Article 9-4, in part, to read as follows:
"ARTICLE 9 - 4 JUNKED VEHICLES
Sec. 9-4-1 DEFINITIONS
Antique Vehicle means a passenger car or truck that is at least 35 years old.
Motor Vehicle Collector means a person who:
A. owns one (1) or more antique or special interest vehicles; and
B. acquires, collects or disposes of an antique or special interest vehicle
or part of them for personal use to restore and preserve an antique or
special interest vehicle for historic interest.
Junked Vehicle means a vehicle that is self-propelled and inoperable and:
A. does not have lawfully attached to it:
1. an unexpired license plate; or
2. a valid motor vehicle inspection certificate;
B. wrecked, dismantled or partially dismantled, or discarded; or
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C. has remained inoperable for more than forty-five (45) consecutive days.
Special Interest Vehicle means a motor vehicle of any age that has not been
changed from the original manufacturer's specifications and, because of its
historic interest is being preserved by hobbyist.
Sec. 9-4-2 JUNKED VEHICLE DECLARED A PUBLIC NUISANCE
A junked vehicle, including a part of a junked vehicle, that is visible from a
public place or right-of-way: is detrimental to the safety and welfare of the
public; tends to reduce the value of private property; invites vandalism;
creates a fire hazard; is an attractive nuisance creating the hazards of the
health and safety of minors; produces urban blight adverse to the maintenance
and continuing development of municipalities; and is a public nuisance.
Sec. 9-4-3 UNLAWFUL TO MAINTAIN; DUTY TO REMOVE
A. It shall be unlawful for any person, owner, agent, occupant or anyone
having supervision or control of any real property within the City to
maintain a junked vehicle.
B. It shall be the duty of any person, owner, agent, occupant or anyone
having supervision or control of any real property within the City to
remove or cause to be removed from said property any junked vehicle
so as to comply with the provisions of this Article.
Sec. 9-4-4 NOTICE TO ABATE
A. Whenever a public nuisance exists on private or public property or on
the public right-of-way, the City shall notify the owner, if the owner is
in possession of the property, or the occupant of the property, to abate
or remove the nuisance.
B. A notice issued under Subsection (A) must provide not less than 10
days' notice of the nature of the nuisance and must be sent by certified
mail with a five 5 day return requested to:
1. the last known registered owner of the nuisance;
2. each lien holder of record of the nuisance; and
3. the owner or occupant of:
a. the property on which the nuisance is located; or
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b. if the nuisance is located on public right-of-way, the
property adjacent to the right-of-way.
C. The notice must state:
1. the nuisance must be abated and removed not later than the
10th day after the date on which the notice was mailed; and
2. any request for a hearing must be made before that 10-day
period expires.
D. If the post office address of the last known registered owner of the
nuisance is unknown, notice may be placed on the nuisance or, if the
owner is located, hand delivered.
E. If notice is returned undelivered, action to abate the nuisance shall be
continued to a date not earlier than the llth day after the date of the
return.
F. If the owner or the occupant of the property fails to either remove and
abate the nuisance or to request a hearing within 10 days after service
of the notice to abate the nuisance, then the City may cause the
removal of the junked vehicle.
Sec. 9-4-5 PUBLIC HEARING
A. The owner or occupant of the property on which a public nuisance
exists may, within the 10-day period after service of the notice to abate
the nuisance, request a hearing before the judge of the municipal
court. If a hearing is timely requested, the City shall not remove the
junked vehicle until ordered by the judge of the municipal court.
B. At the hearing, the junked vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable. Upon finding that a public
nuisance exists, the judge of the municipal court shall order the owner
or occupant of the property to remove and abate the nuisance within
10 days. If the owner or the occupant of the property fails or refuses
within 10 days, to abate and remove the nuisance, the judge of the
municipal court may issue an order that the City shall take possession
of the junked vehicle and remove it from the premises. The City shall
dispose of the junked vehicle in a manner consistent with State law,
and the vehicle shall not be reconstructed or made operable. If the
information is available at the location of the nuisance, the order
requiring removal of the nuisance must include the vehicle's: (1)
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Description; (2) Vehicle identification number; and (3) License plate
number.
E. A vehicle shall not be reconstructed or made operable after removal.
F. Notice identifying the vehicle or part of a vehicle shall be given to the
Texas Department of Transportation not later than the fifth day after
the date of removal.
Sec. 9-4-6 EXEMPTIONS
This Article shall not apply to a vehicle or part:
1. that is completely enclosed within a building in a lawful manner and
is not visible from the street or other public or private property;
2. that is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or a junk
yard; or
3. that is an antique or special interest vehicle stored by a motor vehicle
collector on the collector's property, if the vehicle or part and the
outside storage area, if any, are: (a) maintained in an orderly manner;
(b) not a health hazard; and (c) screened from ordinary public view by
appropriate means including a fence, rapidly growing trees or
shrubbery.
Sec. 9-4-7 AUTHORITY TO ENFORCE
Any regular salaried, full-time employee authorized by the City to administer
the provisions of this Article may enter private property to examine a public
nuisance to obtain information as to identify vehicles and owners thereof and
to remove or direct the removal of the nuisance. Removal of a public
nuisance may be by any person authorized by the City. The municipal court
may issue orders necessary to enforce this Article.
Sec. 9-4-8 SUMMARY REMOVAL
Nothing in this Article shall affect any other law which permits the inkmediate
removal of a vehicle left on public property that constitutes an obstruction to
traffic.
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Sec. 9-4-9 COMPLAINT
If the nuisance is not removed and abated and a hearing is not requested
within the 10 day period, a complaint may be flied in municipal court for
maintaining a public nuisance."
SECTION 2. That all ordinances and provisions of the Code of Ordinances of the
City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions of
this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas,
shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each
offense, and each and every day such violation shall continue shall be deemed to constitute
a separate offense.
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SECTION 6. That this ordinance shall become effective immediately from and after
its passage and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of /5'~ / 2,, c,~ {,i 1996.
APPROVED:
TOM MORTON, MAYOR
ATFEST:
/'
LINDXGRAU, c/T ' ~ECRETARY
APPROVED AS TO FORM:
pEq~ER/R~G. S~'~AiTORNEy
(PGS/ct 1/25/96)
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