The URL can be used to link to this page

Home My WebLink About19100 ORD - 11/26/1985AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE II, DIVISION 2, JUNKED VEHICLES, SECTION 13-40 TO PROVIDE A PROCEDURE FOR ENFORCEMENT AND REMOVAL OF JUNKED VEHICLES AS PUBLIC NUISANCES NOTICE AND PUBLIC HEARINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 13-40(b) of Chapter 13, Article II, Division 2, JUNKED VEHICLES, be and is hereby amended to read as follows: (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) Whenever an enforcement officer determines there is a violation under this article, he shall post in a conspicuous place upon the subject junked vehicle or part of a junked vehicle a Notice of Violation stating that the said vehicle or part of a vehicle has been determined to be a public nuisance and the manner in which the violation may be corrected. (2) The enforcement officer shall cause to be mailed, by certified mail with a five (5) day return requested, written notice stating the nature of the nuisance and that the matter will be heard at a public hearing before the Hearings Officer on a date certain which shall be not less than ten days from the date such notice is mailed. Such notice shall be mailed as herein provided to the last known registered owner of the junked vehicle, any lien holder of record, the owner or occupant of the public or private premises on which such public nuisance exists and the owner or occupant of the premises adjacent to the public right-of-way in which the public nuisance exists if such vehicle is located in a public right-of-way. (3) The hearing shall be public, shall be held prior to the removal of the vehicle or part of a vehicle by official action of the enforcement officials, and shall be before the Director of Housing and Urban Development or such official or board of the City as the City Manager may designate, which person is hereby designated as the Hearings Officer. (4) The Hearings Officer shall hear evidence relating to the 04P.215.01 191oo MICROFILMED • junked vehicle or part of a vehicle in question from any of the persons entitled to notice under this article, from the enforcement officer of the Neighborhood Improvement Division and from other interested persons. The Hearings Officer shall make a determination whether there is a junked vehicle creating a public nuisance and shall issue an order to abate any such public nuisance determined to exist. Any order of the Hearings Officer requiring the removal of a junked 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. The Order of Removal shall specify that the vehicle shall be removed not less than ten (10) days from the date of receipt of the notice hereinafter required as shown by the requested return receipt or, if the notice is returned undelivered, not less than ten (10) days after such return. (5) The Hearings Officer shall cause written notice of his determination and any Order for Abatement or removal to be mailed in like manner and to each person entitled to notice as provided in subsection (2) of this section. Such notice shall also state that appeal of the Order and a request for a hearing before the Municipal Court Judge must be made before the expiration of the ten (10) day period within which the junked vehicle is ordered to be removed or the nuisance abated. (6) If a hearing before the Municipal Court Judge is requested by a person entitled to notice under this article, within ten (10) days after service of such notice, such Order of the Hearings Officer shall be suspended. The Municipal Court Judge shall hear any requested appeal and shall affirm, reverse or modify the order of the Hearings Officer in accordance with the evidence presented. Upon the Order of the Municipal Court Judge or the Hearings Officer if the nuisance is not abated and removed and no hearing before the court is requested within the period provided for herein, the removal and disposal shall be accomplished by the Neighborhood Improvement Division or such other person as may by such order be authorized to act. (8) 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. (7) (9) 04P.215.01 The procedures and provisions of this section are cumulative of the remedies otherwise available for the violation of the • codes and ordinances of the City and nothing herein is intended to prohibit the prosecution of such violations as misdemeanor offenses. SECTION 2. If for any reason any section, paragraph, subdivi- sion, 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, subdivi- sion, 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 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 04P.215.01 • • That the foregoing ordinance wa read for e first time and passed to its second reading on this the /day of �j'v , 1911::5_, by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance read for secogqd time and as ed to its ICfy( third reading on this the day of jy��pirr,p�l, , 19g , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the forge 9ng ordinan was r .d for the third time and passed finally on this the o{�44 iday of� , 19 XS , by the following vote: 1 Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, A . EST: Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda St ong this the City Secretary APPR ori VED: AYOF/j%„ ,19 A 5i er1fi4 6Fr ey MAYOR( (>1 THE CITOF CORPUS CHRISTI, TEXAS 19100 PUBLISHER'S AFFIDAVIT AD #65611 STATE OF TEXAS, �ss. County of Nneces CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came _ ..._ MARGARET RAMAGE who being first duly sworn. according to law. says that he is the COMMUNITY RELATIONS SUPERVISOR _ 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 NOTICE OF PASSAGE OF ORDINANCE #19100 of whim the annexed is a tree copy, was published in Ca11er-Times Pub. Co. 2nd December 85 day on the—.— day of_ ._ 19_ _ , and once each..._ _thereafter for... day consecutive ONE 32.20 MARGARET RAMAGE Subscribed end sworn to before me this 3rd EDNA ROSTER 11-30-88 one D"ecemb yj 1435 Notary Public, County, Texas ,mn,f;as—i NOTICE OF PAS.:\C;E IIF ORDINANCE N 19100 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, .�I ARTICLE II. DIVISION 2, JUNKED VEHICLES. SECTION 13-40. TO PROVIDE A PRO- CEDURE FOR ENFORCEMENT AND REMOVAL OF JUNKED VEHICLES AS PUBLIC NUI- SANCES NOTICE AND Pt.10LIC HEARINGS; PROVID- ING FOR SEVERABILITY; AND PROVIDING FOR PURI-" CATION; AND. PROVIDING FOR AN EFFECTIVE DATE UPON PUBIJCATION. Was passed end approved • by the City Council of the City of Corpus Christi. Texas on the 26th day of November. 1905. The full text of said . ordinance Is available to the public in the Office o1 the City Secretary. /s/ Armando Chapa City Secretary ' Corpus Christi, Texas '