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Home My WebLink About10730 ORD - 03/08/19722/21/72:vmp AN ORDINANCE DESIGNATING CHAPTER 33, SECTIONS 33 -1 THROUGH` 33 -8,' CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AS "PART I, PERSONAL PROPERTY "; DELETING REFERENCES TO "MOTOR VEHICLES" IN SAID PART I; ADDING "PART II, ABANDONED MOTOR VEHICLES" TO SAID CHAPTER TO DECLARE ABANDONED PROPERTY A NUISANCE; PROVIDING THE DUTY OF POLICE TO IMPOUND; EXEMPTING CERTAIN TRASH RECEPTACLES AND AUTO WRECKING YARDS AND INDUSTRIAL SCRAP YARDS; PROVIDING CERTIFICATION OF ABANDONMENT; AUTHORIZING USE OF CITY PERSONNEL OR USE OF CONTRACT FOR IMPOUND- ING ABANDONED VEHICLES; AUTHORIZING THE POLICE DEPARTMENT OR OTHER AGENT TO ISSUE REQUIRED NOTIFICATION; AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AUCTIONS OF ABANDONED PROPERTY; CREATING THE ABANDONED MOTOR VEHICLE TRUST ACCOUNT; PROVIDING THAT THE ENFORCEMENT OF THIS ORDINANCE IS A FUNCTION OF THE POLICE POWER OF THE CITY, AUTHORIZING ENTRANCE ON PRIVATE PROPERTY FOR THE ENFORCEMENT OF THIS ORDINANCE AND AUTHORIZING THE MUNICIPAL COURT TO ISSUE ORDERS NECESSARY TO ENFORCE THIS ORDINANCE AND SECTION 306.4, ORDINANCE NO. 9811, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 24, 1970; PROVIDING FOR A LIEN ON IMPOUNDED PROPERTY; PROVIDING FOR REDEMPTION OF IMPOUNDED PROPERTY; PROVIDING FOR FEES FOR IMPOUNDING, STORAGE AND OTHER FEES; PROVIDING FOR DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY; REPEALING CHAPTER 21, SECTION 21 -108, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; AMENDING CHAPTER 21, SECTION 21 -151 (2) TO RAISE THE TOWING FEE FOR IMPOUNDING UPON REDEMPTION TO $10.00 or $15.00 IF A DOLLY IS USED; PROVIDING FOR PUBLICATION; PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 33, Sections 33 -1 through 33 -8, Corpus Christi City Code, 1958, as amended, be and the same hereby are designated: "Part I, Personal Property ", and wherever any reference is made to "motor vehicles" in said Part I, said reference is hereby deleted and repealed. SECTION 2. That Chapter 33, Corpus Christi City Code, 1958, as amended, be amended by adding a new Part II thereto to read as follows: "Part II. Abandoned Motor Vehicles. "Sec. 33A -1. ABANDONED PROPERTY DECLARED A NUISANCE. DUTY OF POLICE TO IMPOUND. (a) No person shall place, park or leave standing a motor vehicle unattended for more than forty -eight continuous hours in or on any public street, alley, sidewalk, park or other public place of the City. (b) Any vehicle or other personal property or obstruction placed, left standing, parked, erected or lying in violation of any ordinance or 10730 the Charter of the City, or left unattended for more than forty -eight con- tinuous hours in or on any public street, alley, sidewalk, park or other public place of the City, is declared to be a nuisance, and any such property when so found by the police officers or other persons designated by the City Manager of the City shall be removed or caused to be removed summarily to the police pound or any other place of impoundment designated by the City Manager. (c) A motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than forty -eight hours, or a motor vehicle that has remained illegally on public property for a ^period of more'than"forty -eight hours in violationcf the above subsection, or a motor vehicle that has remained on private property without the consent of the owners or person in control of the property for more than forty -eight hours are defined as abandoned vehicles, hereby is declared to be a nuisance and subject to impoundment in accordance with this ordinance. (d) For purposes of enforcement of this section, proof that a motor vehicle found parked in violation of this section was registered in a person's name shall constitute prima facie evidence that such person caused, allowed, suffered and permitted the motor vehicle to be parked at the place where such violation occurred. (e) Trash receptacles placed in compliance with Chapter 18, Corpus Christi City Code, 1958, as amended, shall not be deemed to be obstructions or nuisances under this section; nor shall this section apply to automoible wrecking yards or scrap or industrial scrap processing yards operated in compliance with state law and city ordinances. "Section 33A -2. CERTIFICATION OF ABANDONMENT. The police officers or other persons designated by the City Manager of the City may certify to the abandonment of any property described in Section 33A -1, Corpus Christi City Code, 1958, as amended, when they so find such property to be left unattended in violation of this ordinance.' A record of such certification shall be maintained by the Chief of Police, with one copy thereof securely attached to the abandoned property. The record of such certification shall be prima facie evidence in any court that the property is abandoned and a public nuisance. -2- "Sec. 33A -3. AUTHORIZATION OF CITY PERSONNEL OR CONTRACT FOR IMPOUNDING. In performing the duties authorized in the Texas Abandoned Motor Vehicle Act of impounding abandoned motor vehicles the Police Department is authorized to employ its own personnel, equipment and facilities or the City Manager may execute a contract for such purpose provided the City Manager determines by using administrative and economical considerations that it is to the City's advantage to enter into a contract for the authorized duties. Provided, however, that in selling an abandoned or junked motor vehicle the Corpus Christi Police Department only shall act. -"Sec.-33A-4. 'CREATION OF ABANDONED "MOTOR VEHICLE TRUST ACCOUNT. There is hereby created the Abandoned Motor Vehicle Trust Account in the City of Corpus Christi Trust Fund. Said account is to be used in accordance with this Chapter and the Texas Abandoned Motor Vehicle Act for deposits and disbursements in accordance with said Act and Chapter. "Sec. 33A -5. ENFORCEMENT OF ORDINANCE, AUTHORIZATION OF ENTRANCE ON PRIVATE PROPERTY AND AUTHORIZATION OF MUNICIPAL COURT TO ISSUE ORDERS. The provisions of this ordinance and the enforcement thereof, and the enforcement of Section 306.4, Ordinance No. 9811, passed and approved by the City Council on June 24, 1970, are declared to be a function of the Police power of the City and the persons authorized under this ordinance to enforce the provisions hereof are authorized to enter upon private property for the purpose of enforcing this ordinance and to examinz vehicles or parts thereof, obtain information as to the identity of vehicles and to remove or cause the removal of any vehicle or parts thereof declared to be a nuisance under the terms of this ordinance. The Municipal Court is hereby authorized and shall have the authority to issue all orders necessary to enforce this ordinance. "Sec. 33A -6. LIEN ON IMPOUNDED PROPERTY. A lien for all costs incurred in the impounding, storing and advertising for sale of personal property pursuant to this article shall exist and inure to the benefit of the person actually impounding such property. Such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes, and the impounder may retain possession of such property until all costs are paid and may sell the same as provided in this article. -3- "Sec. 33A -7. REDEMPTION OF IMPOUNDED PROPERTY. The owner or any person legally entitled to possession of any impounded personal property as provided for in this article may redeem the same by paying to the impounder, before sale, the impounding fee and any other actual expenses incurred by the impounder in impounding and keeping the impounded property, as determined by the fees set forth in Section 33A -8 of the Corpus Christi City Code, 1958, as amended. "Sec. 33A -8. FEES FOR IMPOUNDING, STORAGE, ETC. The following fees shall be charged-and shall be paid to the impounder or.the City of Corpus Christi,-only if performed by the Police Department: (a) For the taking and impounding of any personal property, where a wrecker is necessary, Ten Dollars ($10.00). If a dolly is necessary, the fee shall be Fifteen Dollars ($15.00). (b) Storage fee, including storage for all or part of the first twenty -four hours, One Dollar ($1.00), and for each twenty -four hour period or portion thereof, which storage fee is declared to be reasonable. (c) For preparing advertising of sale of each article, including newspaper advertisement, One Dollar ($1.00). (d) For selling each article, One Dollar ($1.00). (e) For posting notices of sale for each article, One Dollar ($1.00). (f) For newspaper advertisement, the actual publication costs incurred. (g) For the cost of each certified letter, the actual cost incurred plus One Dollar ($1.00) for preparation of the letter. "Sec. 33A -9. DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY. After deducting the fees to which the impounder or the City of Corpus Christi, as the case may be, is entitled pursuant to Section 33A -8, such party shall hold the balance of the proceeds of such sale, if any, —4— to pay the same to the owner of the property. If the owner fails to call for such proceeds within ninety (90) days, they shall belong to the impounder or the City, as the case may be." SECTION 3. That Chapter 21, Section 21 -108, Corpus Christi City Code, 1958, as amended, be and the same hereby is repealed. • SECTION 4. That Chapter 21, Section 21 -151 (2), Corpus Christi City Code, 1958, as amended, be, and the same hereby is amended to read as follows: "(2) Upon the payment of the sum of Ten Dollars ($10.00), which sum is hereby declared to be a reasonable service charge for the impounding of such vehicles. However, if a dolly is necessary in the impounding the fee shall be Fifteen Dollars ($15.00)." SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi one time, which publication shall contain the caption, stating in substance the purpose of the ordinance. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be held invalid by final judgment of a court of competent jurisdiction, it shall not affect any valid provisions of this or any other ordinance of the City of Corpus Christi to which these rules and regulations relate. , THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THEDAY OF , 19 7Z., BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ OR THEE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE /L DAY Of LG✓ , 19 92, , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOWEGOING ORDI y, tNCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE d'YIC/ DAY OF'4 /1..�/L- (�.[(/ , 19'W , BY THE FOLLOWING VOTE: ATTEST: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE /'7V DAY, of / , 19 Z.I-J MAYOR THE CITY OF CO CHRISTI, TEXAS DESIONAT I SECTIONS 1, CORPUS CODE, 19A, AS PART 1, PERSONAL PR Pr TO, ; "MOTOR VEHICLES" IN SAID PART 1; ADDING "PART II, ABANDONED MOTOR YEW - CLES" TO SAID CHAPTER. TO DECLARE ABANDONED PROP- NG THE DUTYOOFFEPOLICEVTO IMPOUND; EXEMPTING CER- TAIN TRASH RECEPTACLES AND AUTO WRECKING YARDS i YARDS ;PROVIDING CERTIFI- CATION OF ABANDONMENT; AUTHORIZING USE OF-CITY PERSONNEL OR 45E OF CON- TRACT FOR I MP04)0400 NO ABANDONED VEHICLES; AU- THORIZING THE POLICE DE- PARTMENT REIOT FT SSUQU� N CATION; AUTHORIZING THE POLI CIE DEPARTMENT TO CONDUCT AUCTIONS OF ABA;- T 1 N THE PROPERTY: ABANDONED 1i VEHICLE TRUST ACCOUNT; 1 PRIDING FORRCCEMENT TOFTTN SEORIN- NANCE IS A FUNCTION OP THE POLICE POWER OF THE CTRANCE 4ON PRIVATE PROP. 'ERTY FOR THE ENFORCE- MENT OF THIS ORDINANCE AND AUTHORIZING THE MU- NICIPAL COURT TO ISSUE OR- DERS NECESSARY TO £N -; SEC ION 1306.4 DI ORDDINANCE NO. 9111, PASSED AND AP- PROVED BY THE CITY COUN- CIL ON JUNE 24, 1920; PROVID- ING FOR A LIEN ON .POUNDED PROPERTY; ROV- IDING FOR REDEMPTION DP IMPOUNDED PROPIERTY; PROVIDING FOR FEES FOR IMPOUNDING, STORAGE AND OTHER FEES; PROVIDING FOR DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY; REPEALING CORPUS CHRISTIICCITY 1CODE, 1925, AS AMENDED; AMEND- IRO CHAPTER 21, SECTION 21.127 {21 to raise the towing fee for Impounding upon red to 110.00 or 515.00 IF A 15 USED; PROVIDING FOR PUBLICATION;; PROVIDING A SEVERABI WTY CLAUSE. WAS PASSED AND APPROVED BYE THE CI11yy GoutMI 00 Bu City of Cmg01 Cnr1,9;l Terns hello, the Regular Council AIe01Nq held March, e, (972 at 2:00 Pm., t provides It 091011 1091. .409c09 from and after 115 Passage and pI1011callen, held that afar penalty Tashall nddredd 15200.001 Dollars 'ISSUED UNDER MY HAND AND Tersas, tills Rh Clly 09 March, Christi. ,^'RAY l _of c nms OHBtl. Secretary 00 PUBLISHER'S AFFIDAVIT"'r .�:'�''k?;`, mss. STATE OF TEXAS, ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally carte Leland G. Barnes , who being first duly sworn, according to law, says that he is the pia as -sifi ecLNana�er of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of L. gal - Nntice._ of. -- Rya .sage. - -af nrsi3n�nc - -no,. -.107. D -- -des t3ng..chagt.._33 -> sec. 33- 1- - -Part 1. Personal property - - -to declare abandoned motor vehicles-- - of which the annexed is a true copy, was published in the. - .Times on theltxl. day of MB.r ch 19...7.2, aud- enoe -eaek P1 P PPPU PP eeneeoutiva- .ene Times. 11}.10 elan Subscribed a▪ nd sworn to before me this 16th d Louise Vick y . Barnes, . Adv. gr. 19...72 of March otary Public, Nueces County, TexC