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OR 90-488 Junked or inoperative vehicles AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 90488 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS REGULATING JUNKED OR INOPERATIVE VEHICLES; DEFINITIONS; DECLARED A PUBLIC NUISANCE; UNLAWFUL TO MAINTAIN; DUTY TO REMOVE AND ABATE; NOTICE TO REMOVE AND ABATE; PUBLIC HEARING AFFORDED ON REQUEST; EXCEPTIONS; PROCEEDS FROM SALE OF JUNKED OR INOPERATIVE VEHICLES; AUTHORITY TO ENFORCE; SUMMARY REMOVAL; SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION OR DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITYER ABATEMENT ACT, ARTICLE 4477-9a, VERNON'S ANNOTATED CML STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, junked and inoperative vehicles which are visible from a publk place constitute a fire hazard, an attractive nttisance, and tend to reduce the value of private propexty; and WHEREAS, it is in the interest of the health, safety, and weftare of the citLzens of the City of Coppell to regulate junked and inoperative vehicles; and WHEREAS, it is necessary to provide procedures for the enforcement of regulations ADOPTING INOPERABLE VEHICLE REGULATIONS - Page 1 regarding junked and inoperative vehicles; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPEIJ., TEXAS: SECTION 1. DEFINITIONS Antique Auto: A passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least 35 years old. 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 of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. House Trailer: A vehicle without automotive power designed for human habitation and for carrying persons and property upon its own structure and for being drawn by a motor vehicle. Inopexative: Any vehicle with a deflated or missing tire or tires or other missing part or damage which would render the vehicle incapable of being operated without undue risk or in violation of V.C.S. Art. 6701d. (Uniform Act Regulating Traffic on Highways). Junked or Inoperative Vehicle: Any vehicle which is inoperative, and does not have lawfully affixed thereto either an unexpired license plate or plates or a valid motor vehicle safety inspection certificate, or that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of more than 45 days, is deemed to be a junked or inoperative vehicle. Motor Vehicle: Every kind of motor driven or propelled vehicle required to be registered ADOPTING INOPERABLE VEHICI.F. REGULATIONS - Page 2 or licensed under the laws of this state, including trailers, house trailers, and semi-trailers, and shall also include motorcycles, motor-driven cycles, mopeds, and four-wheel all terrain vehicles designed by the manufacturer for off-highway use, whether required to be registered or not. Semi-trailer: Vehicles of the trailer type having a gross weight in excess of four thousand (4,000) pounds so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its load rests upon or is carried by another vehicle. Spee~nl Interest Vohlde: A motor vehicle of any age that has not been altered or modified from original manufacture's specifications and, because of its historic interest, is being preserved by collectors. Trailer: Every vehicle having a gross unloaded weight in excess of four thousand (4,000) pounds designed or used to carry its load wholly on its own structure and to be drawn by a motor vehicle. SECTION 2. JUNKF/) OR INOPERATIVE VEHICLES DECLARED A PUBLIC NUISANCE. In accordance with the Texas Abandoned Vehicle Act, junked or inoperative 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 constkute an attractive nuisance creating a hazard to the heakh and safety of minors, and are detrimental to the economic weftare of the State of Texas and/or the City of Coppell. Such vehicles are therefore declared to be a public nuisance. SECTION 3. UNLAWFUL TO MAINTAIN. ADOPTING INOPERABLE VEHICLE REGULATIONS - Page 3 It shall be unlawful for any person, firm, corporation, parmership, association of persons, owner, agent, occupant, or anyone having supervision or control, of any lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Coppell, to suffer or permit any junked or inoperative vehicle to remain upon said property. SECTION 4. DUTY TO REhlOVE AND ABATE. It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Coppel~ to remove or cause to be removed from said property all such junked or inoperative vehicles so as to comply with the provisions of this ordinance. SECTION 5. NOTICE TO REMOVE AND ABATE. In the event that any owner of any lot, tract or parcel of land, or portion thereof, situated within the corporate its of the City of Coppell shall fall to comply with Section 4 hereof, the City of Coppell may notify such owner by giving not less than ten (10) days notice, stating the nature of the public nuisance and that it be removed, and advising that a request for hearing must be made prior to the expiration of said ten (10) day period; such notice shall be mailed by certified or registered mail with a five (5) day return requested by the City to the last known owner of said vehicle and to all lienholders of record, and to the owner or occupant of the premises whereupon said public nuisance exists. If the notice is returned undellvered by the U.S. Post Office, official action to abate said nuisance shal~ be continued to a date not ADOPTING INOPERABLE VEHICLE REGULATIONS - Page 4 less than ten (10) days from the date of such return, notice to be posted in a local newspaper. SECTION 6: PUBL1C HEARING AFFORDED ON REQUEST. A public hearing shah be afforded prior to the removal of the vehicle or pan thereof deemed a public nuisance, to be held before the Corporation Court of the City, when such heating is requested by the owner of occupant of the premises on which said vehicle is located, within ten (10) days after service of notice to abate said nuisance. Any order requiring the removal of a vehicle or pan thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle if available at the site. After a vehicle has been removed from its location, the State Department of Highways and Public Transportation shah be notified not later than five days after said removal. The Department of Highways and Public Transportation shall immediately cancel the certificate of ti~e to said vehicle pursuant to the Certificate of Title Act, Article 6687-1, Vemon's Texas Civil Statutes. Any vehicle removed from its location shal~ not be reconstructed or made operahie. A junked vehicle or vehicle pan shall be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the City of Coppell for processing as scrap or salvage. SECTION 7. F~XCEPTIONS This ordinance shah not apply to (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner and where same is not visible from the street or other public or private property; (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; or (3) a bona fide racing vehicle, special interest vehicle, or antique automobile ADOPTING INOPERABLE VEHICLE REGULATIONS - Page 5 which is stored on a duly licensed trailer or otherwise kept in such manner as not to allow undergrowth of weeds and brush, infestatinn by animals, or to create an attractive nuisance to infants or minors. SECTION 8. PROCEEDS FROM SALE OF JUNKED OR INOPERATIVE VEHICI.RS. Proceeds from the sale of a junked or inoperative vehicle, or a part thereof, shall be used to pay the costs of removal of said junked or inoperative vehicle or part thereof, with the surplus funds, ff any, to be deposited into the City of Coppe~~ generai fund. SECTION 9. ALffHORITY TO ENFORCE. Any regularly salaried, ful]-time employee authorized by the City of Coppell to administer the provisions of this ordinance may enter upon private property for the purposes specified in this ordinance, to examine vehicles or parts thereof, to obtain information as to the identity of vehicles and the owners thereof, and to remove, or cause the removal of, a vehicle or part thereof declared to be a nuisance pursuant to this ordinance. Removal of a vehicle or vehicle part may be by any person duly authorized by the City of Coppell. The Corporation Court of the City of Coppe~~ shall have the authority to issue all orders necessary to enforce this ordinance. SECTION 10. SUMMARY REMOVAL. Nothing in this ordinance sha~~ affect statutes of the State of Texas or ordinances of the City of Coppell which permit immediate and summary removal of a vehicle left on public ADOPTING INOPERABLE VEHICI.E REGULATIONS - Page 6 property and which constitutes an obstruction to traffic. SECTION 11. SEVERABILITY CLAUSE If any article, paragraph, or subdivision, clause, phrase or provision of this ordinance shah be adjudged invalid or held unconstitutional, the same shah not affect the validity of this ordinance as a whole or any part of provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 12. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shah be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; except where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation or dumping of refuse as that terms is defined by Section 2.09 of the Texas Litter Abatement Act, Article 4477-9a, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. The importance of this Ordinance creates an emergency and an imperative public necessity, and the ordinance shall take effect and be in force from and after its adoption. SECTION 13. EFFECTIVE DATE. ADOPTING INOPERABLE VEHICLE REGULATIONS - Page 7 This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED AND ACC~ by the City Council of the City of CoppeLl, Texas this ,he dayof MAYOR A37FEST: ~PRO~D AS TO FO~: CI O~EY , ADOPTING INOPERABLE VEHICLE REGULATIONS - Page 8