HomeMy WebLinkAbout10730 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vehicles" in said Part I, said reference is hereby deleted and repealed.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