Ord. 1286-2 2015-11-09ORDINANCE NO. 1286-2
An Ordinance of the City Council of the City of Pearland,
Texas, amending Chapter 14, Article III, Junked Vehicles, of
the City Of Pearland Code Of Ordinances; having a savings
clause, a severability clause, and a repealer clause; providing
for publication, codification, and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 14, Article III. Junked Vehicles, of the City of
Pearland Code of Ordinances, is hereby amended, to read as follows:
"Section 14-51. Authority
This Article is adopted pursuant to the authority provided by the Texas
Transportation Code, Chapter 683, Subchapter E, and any successor statutes, to
establish procedures for the abatement and removal, from private or public
property, of junked vehicles or parts thereof as a public nuisance.
Section 14-52. Definitions
"Antique Vehicle"- shall mean a passenger car or truck that is at least 25 years
old
"Junked Vehicle"- shall mean a vehicle that:
(1) is self-propelled and does not have lawfully attached to it an unexpired
registration insignia; and
(2) is:
(a) wrecked, dismantled or partially dismantled, damaged, discarded; or
(b) inoperable and has remained inoperable for more than:
(i) seventy-two (72) consecutive hours, if the vehicle is on public
property: or
(ii) thirty (30) consecutive days if the vehicle is on private property.
"Motor vehicle" shall mean any motor vehicle subject to registration pursuant to
the Texas Certificate of Title Act.
"Motor vehicle collector" shall mean a person who owns one or more antique
or special interest vehicles and who collects, purchases, acquires, trades, or
ORDINANCE NO. 1286-2
disposes of special interest or antique vehicles or parts of them for his own use in
order to restore, preserve, and maintain an antique or special interest vehicle for
historic interest.
"Motor vehicle demolisher" shall mean any person in the business of
converting motor vehicles into processed scrap or scrap metal, or otherwise
wrecking or dismantling motor vehicles.
"Special interest vehicle" shall mean 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 a hobbyist.
"Storage facility" shall mean a garage, parking lot, or any type of facility or
establishment for the servicing, repairing, storing, or parking of motor vehicles.
Section 14-53. Junked Vehicles Declared a Public Nuisance
A junked vehicle, including a part of a junked vehicle, is hereby declared to be a
public nuisance because it:
(a) Is detrimental to the safety and welfare of the general public;
(b) Tends to reduce the value of private property;
(c) Invites vandalism;
(d) Creates a fire hazard;
(e) Is an attractive nuisance creating a hazard to the health and safety of minors;
and
(f) Produces urban blight, which is detrimental to the economic welfare of and
adverse to the maintenance and continuing development of the city.
Section 14-54. Offense
A. A person commits an offense if the person maintains, possesses, or locates
within the city limits a public nuisance described by Section 14-53 of this Article.
B. An offense under this Article is a misdemeanor punishable by a fine not to
exceed Two Hundred and No/100 Dollars ($200).
C. The court shall order abatement and removal of the nuisance upon
conviction.
Section 14-55. Exceptions
The following vehicles or parts thereof are excepted from the provisions of this
ordinance:
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A. A vehicle or vehicle part 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.
B. A vehicle or vehicle part which is stored or parked in a lawful manner on
private property in connection with the business of a licensed vehicle
dealer or junkyard, or that is an antique or special interest vehicle or part
thereof stored by a motor vehicle collector on the collector's property,
provided that the vehicle or part and the outdoor storage area, if any, are:
1. maintained in an orderly manner;
2. do not constitute a health hazard; and
3. are screened from ordinary public view.
C. An unlicensed, operable or inoperable antique or special interest vehicle
or part thereof stored by a motor vehicle collector on the collector's
property, provided that the vehicle or part thereof and the outdoor storage
area, if any, are maintained in such a manner that they do not constitute a
health hazard and are screened from ordinary public view.
Section 14-56. Procedure for Disposition of Junked Vehicles
The procedure for the abatement and removal of a junked vehicle or part thereof,
as a public nuisance, from private property, public property, or public right-of-way
shall be as follows:
(1) Notice
(a) Once a determination has been made that a public nuisance under this
division exists, the enforcement authority shall give not less than ten (10)
days written notice to:
a. The last known registered owner of the public nuisance;
b. Each lienholder of record; and
c. The owner or occupant of:
i. The property on which the public nuisance is located; or
ii. If the public nuisance is located on the public right-of-way,
the property adjacent to the right-of-way.
(b) The notice must be personally delivered or sent by certified mail with a
five-day return requested. If the address of the last known registered
owner is unknown, notice may be placed on the public nuisance. If the
notice is returned undelivered, action to abate the public nuisance shall
not be taken until the 11 th day after the date of return.
(c) The notice must state that:
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a. The public nuisance must be removed not later than the 10th day
after the date on which the notice was personally delivered, mailed,
or placed on the public nuisance; and
b. A request for a hearing must be made not later than the 10th day
after the notice was personally delivered, mailed, or placed on the
public nuisance.
(2) Hearing
(a) The municipal court judge, or his/her designee, shall conduct a public
hearing at the Pearland Municipal Court if timely requested by a person
who received notice under section 14-56(1).
(b) The hearing shall be held not earlier than the 11th day after the service of
notice in section 14-56(1).
(c) At the hearing, the junked vehicle is presumed to be inoperable, unless
demonstrated otherwise.
(d) An order requiring the removal of the public nuisance must contain a
description, license plate number, and identification number of the public
nuisance, if available. The municipal court judge of the city may issue
necessary orders, including restitution, to enforce the procedures for the
abatement and removal of a public nuisance under this article.
(3) Abatement
(a) Once abatement proceedings have been commenced, the relocation of
the public nuisance to another location in the city has no effect on the
proceedings.
(b) If the public nuisance is not removed in accordance with a court order, the
enforcement authority may remove it or cause it to be removed.
(c) No later than the 5th day after removal, the enforcement authority shall
give notice to the Texas Department of Motor Vehicles of the removal.
Section 14-57. Disposal of Junked (Inoperable) Vehicles
A junked vehicle or part thereof may be disposed of by removal to a scrap -yard,
a motor vehicle demolisher, or any suitable site operated by the City, for
processing as scrap or salvage pursuant to authority provided in the Texas
Transportation Code, § 683.078 or any successor statute for junked vehicle
disposal.
Section 14-58. Authority to Enforce
(a) Any peace officer, code enforcement officer or other regularly salaried, full-
time city employee authorized to enforce this ordinance may enter the public
areas of any building or premises at all reasonable times whenever necessary in
the performance of his duties to inspect and investigate for violations of any law,
or to enforce any law.
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ORDINANCE NO. 1286-2
(b) The authority to inspect shall include but not be limited to
(1) the authority to examine vehicles or parts thereof;
(2) obtain information as to identity of vehicles; and
(3) to remove or cause the removal of a vehicle or part thereof declared to
be a nuisance.
(c) If such building or premises be occupied and involved in conducting business,
the city employee shall first present proper credentials and demand entry, unless
otherwise permitted by law. If such entry is refused, or, if no owner or other
person having charge or control of the building or premises can be located, he
shall have recourse to every remedy provided by law to secure entry.
Section 14-59. Effect of Article on Other Laws
Nothing in this Article shall affect laws that permit immediate removal of a
vehicle left on public property which constitutes an obstruction to traffic, or laws
that establish procedures for taking possession of abandoned motor vehicles."
Section 1. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in any sum not more than Two Hundred Dollars ($200).
Section 2. Savings. All rights and remedies which have accrued in favor
of the City under this Chapter and amendments thereto shall be and are
preserved for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 4. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
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ORDINANCE NO. 1286-2
Section 5. Publication and Effective Date. The City Secretary shall
cause this ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such ordinance. The
ordinance shall then become effective ten (10) days from and after its
publication, or the publication of its caption and penalty, in the official City
newspaper.
PASSED and APPROVED ON FIRST READING this the 26th day of
October, A. D., 2015.
ATTEST:
UNGRFIN
Y SRETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
00111111,,,
6
ORDINANCE NO. 1286-2
PASSED and APPROVED ON SECOND AND FINAL READING this the 9th day
of November, A. D., 2015.
ATTEST:
UNG •FIN
ITY SRETA
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
November 9. 2015
Voting "Aye" - Councilmembers Moore, Reed, Carbone.
Ordeneaux, and Hill.
Voting "No" — 0.
Motion passes 5 to 0.
PUBLICATION DATE: November 12, 2015
EFFECTIVE DATE: November 21, 2015
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND. TEXAS
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ORDINANCE NO. 1286-2
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer, Representative for Brenda Miller Ferl;erson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly
sworn, states under oath that the report of Ord. #1286-2 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of October 22, 2015.
Sworn to and subscribed before me this / S�
Notary Public y
My commission expires on
ublisher's Representative
day of 2, P 2015.
MARILYN ZARATE
Notary Public, Stote a! Texos
My Commission Expire.'
Septombor 07 2018
x a_i
ORDINANCE NO. 1286-2
An Ordinance of the City Council of the City of Pearland,
Texas, amending Chapter 14, Article III, Junked Vehicles,
of the City Of Pearland Code Of Ordinances; having a
savings clause, a severability clause, and a repealer
clause; providing for publication, codification, and an
effective date.
Section 1. Penalty. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any sum not
more than Two Hundred Dollars ($200).
PASSED and APPROVED ON SECOND AND FINAL
READING this the 9'h day of November, A. D., 2015.
ATTEST:
/$/
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM
/S/
DARRIN M. COKER
CITY ATTORNEY
/S/
TOM REID
MAYOR
VOTINQ RECORD SECOND AND FINAL READINQ,
NxAmber 9 2019
Voting 'Aye' • Cwra rnrnlbers Moor. Reed. Carbons,
Oroerwux, end WI.
Voting Tb' - 0.
WWI Peuee 5100.
PUBLICATION DATE: Nownber 12 2015
EFFECTNE DATE: November 21. 2015
PUBLISHED AS REOUIREO BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PFAFFAN0. TEXAS