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Home My WebLink About11979 ORD - 04/03/1974JRR:MLM:vp:4 /2/74:lst • 1 AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 9811, COMMONLY REFERRED TO AS THE BUILDING AND HOUSING STANDARDS CODE BY PROVIDING A NEW SECTION THEREIN RELATING TO JUNKED VEHICLES; PROVIDING NOTICE PROCEDURES; PRO- VIDING FOR HEARINGS; PROVIDING THAT AFTER VEHICLES HAVE BEEN REMOVED THEY SHALL NOT BE RECONSTRUCTED OR MADE OPERABLE; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE TO BE GIVEN TO THE TEXAS HIGHWAY DEPARTMENT WITHIN FIVE DAYS AFTER THE DATE OF REMOVAL IDENTIFYING THE VEHICLE OR PART THEREOF; PROVIDING FOR EXCEPTIONS FOR CERTAIN VEHICLES; PROVIDING FOR ENFORCEMENT BY THE NEIGHBORHOOD IMPROVEMENT DIVISION OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR AUTHORITY FOR THE MUNICIPAL COURT TO ISSUE ALL ORDERS NECESSARY TO ENFORCE SUCH PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND DECLARING AN EMERGENCY. W]EKMAS, the Legislature of the State of Texas, in Article 6687 -9, Vernon's Annotated Texas Statutes, has declared that 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; and WHEREAS, said junked vehicles tend to reduce the value of private property; and WHEREAS, said junked vehicles invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors; and WHEREAS, said junked vehicles are detrimental to the economic welfare of the State by producing urban blight; and WHEREAS, the Legislature has specifically declared such junked vehicles to be a public nuisance: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. Definition of junked vehicles: "Junked vehicle" means any motor vehicle as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, as amended, which 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; partially dismantled; or discarded. SECTION 2. The provisions of this ordinance shall be enforced by the Neighborhood Improvement Division of the City of Corpus Christi, Texas, or 119'79 • JRH:MIM:vp:4 /3/74:2d Y other regularly salaried, full -time employees of the City of Corpus Christi that may be designated from time -to -time by the City Manager of the City of Corpus Christi, Texas. SECTION 3. Enforcement and Notice: The officials of the Neighborhood Improvement Division, or other employees designated by the City Manager, may remove junked vehicles from either public or private property provided that the following notice procedures are complied with: 1. A letter is sent by Certified or Registered Mail to the owner or occupant of the public or private premises whereupon such public nuisance exists, stating the nature of the public nuisance on public or private property and that it must be removed or abated with ten (10) days; 2. Further stating that any request for a hearing must be made before the expiration of said ten (10) day period; 3. The Certified or Registered Mail must request a five (5) day return; if this notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return. SECTION 4. Vehicles seized under the provisions of this section shall not be reconstructed or made operable. Permanent disposal of junked vehicles or parts thereof by the City shall conform to this provision. SECTION 5. Public hearings and appeals. The owner or occupant of the public or private premises or the owner or occupant of the premises adjacent to the public right of way on which said junked vehicles are located may, within a ten -day (10) period after service of notice to abate the nuisance, request a public hearing thereon before the Board of Housing Standards Appeals, within which time such hearing must be held. The Board shall hear evidence from either the owner or occupant requesting the appeal and officials of the Neighborhood Improvement Division relating to the junked vehicle in question. Said Board shall reverse or modify the order of the Neighborhood Improvement Division or affirm same. Any order of the Board requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available. Every final order of said Board shall be appealable to the City Council in conformity with Art. V, Sec. 15, City Charter. SECTION 6. Notice to Texas Highway Department. Notice shall be given by the Neighborhood Improvement Division or other employees designated -2- JRR:MLM:vp:4 /3/74:2d • by the City Manager within five (5) days after the removal of any junked vehicle to the Texas Highway Department. Said notice shall identify the vehicle or part thereof. SECTION 7. Exceptions. The provisions of this ordinance shall not apply to: 1. A vehicle or pert 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; 2. A vehicle or pert 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 junk yard; 3. Unlicensed, inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles in the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. SECTION 8. Municipal Court powers. The Municipal Courts of the City of Corpus Christi, Texas, are hereby authorized, in accordance with Article 6687 -9, Section 12, Vernon's Annotated Texas Statutes, to issue all orders necessary to enforce the procedures set out in this section. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 10. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of such conflict. The necessity to provide for removal of junked vehicles as hereinabove set forth in order to protect the health, safety and welfare of the general public creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension -3- JRR:MLM:vp:4 /2 /74a1st • of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Zday of April , 1974. ATTEST- City Secrete MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF APRIL, 1974 J _ r AS City Attorney • 0 Corpus Christi, Texas day of 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PUBLISHER'S AFFIDAVIT F- STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came .......... . . ...... - ------- .. . . .. . ...... — who being first duly sworn, according to law, says that he is the ......... of the Corpus Christi Caller and The Corpus Christi Times, Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Legal NOtice--Notice _of passage of ordinance no. 11979... of which the annexed is a true copy, was published in on the-RUl- day . ..... 19--U $..10.20 Richard D. Hardin Class. Adv. Subscribed and sworn to before me this _day of.__..... 19_124 Louise Vick ex Notary Public, Nueces; County, Tex s ��56�89 HeH s, " O 4 RDINPMC� ,_. REFERRED TO AS THE BU -1 NO �^!J AND HOUSING STANDARDS CODE �dL BY PROVIDING A NEW SECTION THERE IN RELATING TO JUIJW VEHI ... CEDU ES; PROVIDING FOR HEARINGS; PROVIDING BEEN REMOVED THEY SHALL NOT BE J y RECONSTRUCTED OR MADE OPERABLE; PROVIDING FOR APPEALS; a ROVIDING rOR ISSUED UNDER MY HAND AND SEAL of the CRY M Cc -pus Cn�isV, Teas, Ih; eth aaY of 4c ri 1, l9'f_ (51 T RAY KFING T. RAY KC. Sec rztarY City of Corpus C hrlsl, , T— (SEAL)