Ord. 0235 08-28-72I
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AN ORDINANCE OF THE CITY OF PFARLAND, TEXAS, DECLARING
I JUNK VEHICLES PTTRT,TC NUISANCE: PRESCRIBING CEO DEFI-
1 NITIONS; PROVIDING FOR ADMINISTRATIONS AND AUTHORIZING
ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR NOTICE TO
ABATE PUBLIC NUISANCE, FOR A PUBLIC HEARING WHEN REQUEST-
ED,111111 FOR ENTERING OF ORDER FOR REMOVAL OF A VEHICLE BY
CHIEF OF POLICE AND FOR SALE OF REMOVED VEHICLE; PRO-
' VIDING THAT NO REMOVEDVEHICLE SHALL BE RECONSTRUCTED;
PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPAAPMEbir;
i MAKING THE PROVISIOtS HEREOF INAPPLICABLE IN CERTAIN CASE';
j REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
1 SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
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ORDINANCE NO; 2,3 5
BE IT OIOAINED BY THE CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS,
STATE OF TES:
SECTION 1. DEFINITIONS.
(a) "JUNK VEHICLE" - As used in this Ordinance, "Junk Vehicle" means
any motor vehicle as defined in Section 1 of Article 827a, Vernon's Penal rMo,
as amended, which motor vehicle is inoperative and which does not have lawfully
affixed thereto both an unexpired license plate or plates and a valid motor
vehicle safety inspection certificate and which is wrecked; dismantled; parti-
ally dismantled; or discarded.
(b) "D 70LISHER" - "-Demolisher" means any person whose business is to
convert a motor vehicle into processed scrap or scrap metal, or otherwise to
wreck or dismantle motor vehicles..
SECTTION 2. JUNI® VEHICLES DEO A PTTRT,TC NUISANCE.
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 anattractive nuis-
ance creating a hazard to the health and safety of minors, and are detrimental
!I to the economic welfare of the City of Pearland, by producing urban blight
which is adverse to the maintenance and continuing development of the City of
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pearland, and such vehicles are therefore, declared to be a public nuisance.
sLL'r1CN 3. ADMINISTRATION AND AUTHORITY TO ENEORd:L.
The Chief of Police or any city policeman under his direction, who
must be regular salaried full time employees of the City, shall administer
the provisions of this Ordinance, except that removal of vehicles or parts
thereof from property may be by any other person duly authorized by the Chief
of Police. The Chief of Police and city policemen under his direction shall
{;have authority to enter upon private property for the purposes sreirified
herein to examine vehicles or parts thereof, obtain information as to the iden-
tity of vehicles and to remove or cause the removal of a vehicle or parts
thereof declared to be a nuisance pursuant to the terms of this Ordinance. It
is further recognized that Section 12 of Article 1436-3, Vernon's Texas Penal
Code, as amended, effective August 30, 1971, grants authority to the Municipal i
Court of any city to issue all orders necessary to enforce an Ordinance adopted
pursuant to the terms of said Article.
SECTICN 4:' NOTICE•' PUar,TC HEARINGi ORDEROF RENDVAL;'RENDVAL.
4hienever it shall be determined by the thief of Police or any city
police officer acting under his direction, that a junked vehicle or part there-
of, is located in a place where it is visible from a public place or public
right of -way, thereby constituting a public nuisance:
(a) the Chief of Police shall give notice by Certified or Registered
Wail with a five (5) day return requested, to the owner or
occupant of the premises whereupon such public nuisance exists,
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that such owner or occupant must remove and abate the nuisance
within ten (10) days after receipt of notice and further notifying
such owner or occupant that a request for a hearing must be made
before the expiration of said ten (10) day period. If the notice
is returned undelivered by the United States Post Office, official R
action to abate such nuisance shall be continued to the date not
less than ten (10) days from the date of such return.
(b) when a public hearing is requested as provided above, by the owner`•
or occupant of the premises whereupon such public nuisance exists,
it shall be held before the Chief of Police at the City HR11 of
the City of Pearland, at a time to be set by said official, but
not less than ten (10) days after service of notice to abate the
nuisance. Following the hearing, if a public nuisance is found
by the Chief of Police to exist, he shall enter an order requiring
the removal of the vehicle, or part thereof, and shall state a
time for such removal to be accomplished, which in no event shall
exceed text (10) days fran the date of hearing. The order shall
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inclurie a description of the vehicle, or part thereof, and the
correct identification number and license number of the vehicle,
if available at the site thereof.
(c) when no public hearing is requested by the owner or occupant of
the premises whereupon such public nuisance exists, upon the ex-
piraticn of the period of time described in sub -paragraph (a) of
this section, the Chief of Police shall enter an order requiring
' the removal of the vehicle or part thereof, the order to include a
description of the vehicle, or part thereof, and the correct iden-
tification number and license number of the vehicle, if available
at the site thereof.
(d) when the junked vehicle, or part thereof, remains on the property
after ordered removed as provided by this Ordinance, the Chief
of Police shall cause the same to be removed and sold, for the
best price obtainable to a scrap yard or demolisher. A11 sums so
raised shall be turned over to the City Secretary for deposit in
the General Fund of the City.
SECTION 5. NO RECONSTRUCTIG OF REMOVED VEHICTFG.
After removal of such junked vehicle it shall not thereafter be re-
constructed or made operable.
SECTION 6. NOTICE TO THE TEXAS HIGHWAY EEPAREMENT.
Within five (5) days after the date of the removal, notice shall be
given to the Texas Highway Department, identifying the vehicle, or part there-
of.
SECTION 7. ORDINANCE PROVISIONS INAPPLICABLE IN CERTAIN CASES.
The provisions of this Ordinance 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; and
(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.
SECPICi2 8: REPEAL.
All Ordinances or parts of Ordinances in conflict with the provisions
of this Ordinance are hereby repealed, to the extent only of such conflict.
SECTICU 9. SEVERABILITY CLAUSE.
In the event any section, clause, sentence, paragraph or portion of
11 this Ordinance shall be, for any reason, adjudged by any Court of competent
i; jurisdiction to be invalid, such invalidity shall not effect, invalidate or
impair the remainder of this Ordinance.
SECTICW 10. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its
d passage and approval upon second and final reading.
Passed and approved upon first reading this /V day of
d 1972.
h ATTEST:
iL-
1----CITY SEC
MAYOR, CITY OF REMAND, TEAS
Passed and approved upon second and final reading this 02.,$)
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of
, 1972;
ATTEST:
:
.CITY SECRETARY,/
EFFECTIVE DATE:
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MAYOR, CITY OF PEARLAND, TEXAS