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Home My WebLink About18397 ORD - 08/07/1984• AN ORDINANCE AMENDING CHAPTER 13, BUILDINGS; CONSTRUCTION, PREMISES, ETC.; DIVISION 2, JUNKED VEHICLES; OF THE CODE OF ORDINANCES OF—THE CITY OF CORPUS CHRISTI, TEXAS, TO PROVIDE FOR PROCEDURES FOR THE REMOVAL AND DISPOSAL OF JUNKED VEHICLES FROM PUBLIC AND PRIVATE PROPERTY IN CONFORMITY WITH STATE LAW; DECLARING JUNKED VEHICLES A PUBLIC NUISANCE; DEFINING TERMS; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 13, Buildings; Construction; Premises, Etc.; Division 2, Junked Vehicles, of the Code of Ordinances of the City of Corpus Christi Texas be and is hereby amended by deleting Sections 13-38, 13-39, and 13-40 in their entirety and substituting therefor the following: Sec. 13-38. Definitions. 1. Junked vehicle means a motor vehicle as defined in Sec. 1, Chapter 42, General Laws, Acts of the 41st Legislature Second Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), that: (a) is inoperative, does not have lawfully affixed to it both an unexpired license plate and a valid motor vehicle safety inspection certificate, and that is wrecked, dismantled, partially dismantled, or discarded; or (b) remains inoperable for a continuous period of more than 120 days. 2. "Antique auto" means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least 35 years old. 3. "Special interest vehicle" means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications, and because of its historic interest, is being preserved by hobbyists. 4. "Collector" means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. 18397 LMFILMED SEP 2 8 1984 Sec. 13-39 Junk Vehicles declared to be public nuisance (a) a junked vehicle that is left in a place where it is visible from a public place or public right of way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state, city, and the public by producing urban blight adverse to maintenance and continuing development of the city and is hereby declared to be a public nuisance. (b) A person commits an offense if that person maintains a public nuisance as determined in this division. (c) A person who commits an offense under this division is, on conviction, subject to a fine not to exceed $200. On conviction, the court shall order removal and abatement of the nuisance. Sec. 13-40. Enforcement and notice. (a) The provision of this division shall be enforced by the Neighborhood Improvement Division of the City, or other regularly salaried, full-time employees of the City that may be designated from time to time by the City Manager. (b) The following procedures are hereby adopted and shall be followed for the removal of junked vehicles from either public or private property by the enforcement officials: (1) For a nuisance on private property, ten (10) days written notice, stating the nature of the nuisance and that it must be removed and abated within ten (10) days, shall be mailed, by certified mail with a five (5) day return requested, to the last known registered owner of such junked motor vehicle, any lien holder of record, and the owner or occupant of the private premises on which the public nuisance exists. The notice shall also state that a request for a hearing must be made before the expiration of the ten (10) day period within which the nuisance is ordered to be removed and abated. If the notice is returned undelivered by the U.S. Postal Service, no further official action to abate the nuisance shall be taken prior to a date not less than ten (10) days after the date of such return. (2) For a nuisance on public property, ten (10) days written notice, stating the nature of the public nuisance on public property or on a public right-of-way and that the nuisance must removed and abated within ten (10) days, shall be mailed by certified mail with a five (5) day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way in which the public nuisance exists. Such notice shall also state that a request for a hearing must be made before the expiration of the said ten (10) day period within which the nuisance is ordered to be removed and abated. If the notice is returned undelivered by the U.S. Postal Service, no further official action to abate the nuisance shall be taken prior to a date not less than ten (10) days after the date of such return. (3) If a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public -of -way on which the vehicle is located, within ten (10) days after service of the notice to abate the nuisance, such hearing shall be public and shall be held prior to the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be before the Director of Housing and Community Development or such official or board of the City as the City Manager may designate. The Hearings Officer shall hear evidence from the owner or occupant requesting the hearing and from officials of the Neighborhood Improvement Division relating to the junked vehicle or vehicle parts in question. He shall affirm, reverse, or modify the order of the Neighborhood Improvement Division in accordance with the evidence presented. Any order of the Hearing Officer 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 such information is available. (4) If the nuisance is not abated and removed and no hearing is requested within the period provided for herein, the enforcement officials shall, prior to removing and abating such nuisance, file a complaint concerning the nuisance in Municipal Court. (5) Upon conviction of a violation in Municipal Court or an order of removal and disposal by the Hearings Officer, the removal of a junked vehicle or vehicle part as a nuisance shall be accomplished by the Neighborhood Improvement Division or such other person as may by such order be authorized to act under the provisions of this division. (6) Disposal of a junked vehicle or vehicle part shall be by removal to a scrapyard, demolisher, or other suitable site operated by the City or other governmental agency or by a commercial concern, as necessary to accomplish the purposes of this division, provided that any such disposal shall be for scrap or salvage only. SECTION 2. That Chapter 13, Buildings; Construction; Premises, Etc.; Division 2, Junked Vehicles, of the Code of Ordinances of the City of Corpus Christi Texas be and is hereby amended by deleting Sections 13-42, 13-43, 13-44, and 13-45 in their entirety, and substituting therefor the following: Sec. 13-42. Notice to Texas Highway Department. Notice shall be given to the Texas Highway Department by the Neighborhood Improvement Division or other employees designated by the City Manager within five (5) days after the removal of any junked vehicle. Said notice shall identify the vehicle or part thereof. Sec. 13-43. It shall be an affirmative defense to action under this Division that the vehicle or part thereof upon which such action is based: (1) Is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard; or (3) Is an unlicensed, inoperable antique or special interest vehicle stored by a collector on his property, provided that any such vehicle in an outdoor storage area is maintained in such a manner that it does not constitute a health hazard and is screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Sec. 13-44. Municipal Court powers. The municipal courts of the city are hereby authorized to issue all orders necessary to enforce the procedures set out in this section. SECTION 3. That Chapter 13, title; Division 2, title of the Code of Ordinances of the City of Corpus Christi; Texas, be and is—Hereby amended by renumbering Sections 13-46 through 13-51 as Sections 13-45 through 13-50, respectively. SECTION 4. 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 5. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi which publication shall contain the caption stating in summary the purpose of the ordinance. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by amending the City Code as aforementioned at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency , 1984. measure this the day of [�""" ATTEST: Secretary MAYOR THE CITY 0" ORPUS CHRISTI, TEXAS APPROVED: % DAY OF /40.<11—, 1984 J. BRUCE AYCOCK, CITY ATTORNEY f�✓ Corpus Christi, Texas 7 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, 1 OF CORPUS CHRISTI, TEXAS MAYOR THE CI The above ordinance was passed by he following vote: Lather Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18397 STATE OF TEXAS, County of Nueces. }ss: 2...;:1114;abalsea as% siddruatiawskIlluairlareradawaoi.i...rerroaddrrat PUBLISHER'S AFFIDAVIT AD #39486 Before me, the undersigned, a Notary Public, this day personally came. GRACIE DE LUNA ., who being first duly sworn, according to law, says that he is the r: ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Chriti runes. -Daily Newspapers published at Corpus Christi, Texas„ in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 18397... of which the annexed is a true copy, was published in CALLER -TIMES PUBL. CO. on the.13.th day of Align 19....84 and once each .thereafter for.._ one consecutive day .... Times. 36.30 • GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this.......?-5th.....day 1..../&.. 19 84 Notary Public, Nueces unty, Texas EDNA KOSTER -11/30/84 JUNKED VEHICLES;r 0 CODE OF ORDINANCES OF THE CITY OF CORPUS CHRIS - IT TEXAS, TO PROVIDE FOR PROCEDURES FOR THE RE- MOVAL AND DISPOSAL OF JI:NKED VEHICLES FROM PUBLIC AND PRIVATE PROP- ERTY IN WITH STATE LAW; DECLARING JUNKED VEHICLES A PUBLIC NUISANCE, DEFINING TERMS, PROVIDING A SEV- ERANCE CLAUSE; PROVIDING FOR PUBLICA- TION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. E. Was passed and approved by the City Council of the City ;of Corpus Christi, T4xas on the 7th day of August, 1984 The full text of said ordinance Is available to the public in the Office of the Cay Secretary. -s-8111G, Read City Secretary Corous_Ghtisti.Sexae