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Home My WebLink About027448 ORD - 10/16/2007AIV ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE 11, DIVISION 2, JUNKED VEHICLES, BY REPEALING SECTIONS 13-38 THROUGH 13-45 AND ADOPTING NEW SECTIONS 13-38 THROUGH 13-45; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS PUS CHRISTI, TEXAS, THAT: SECTION 1. Section 13-38 of the Code of Ordinances of the City of Corpus Christi, Chapter 131 Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-38 is enacted to read as follows: f z e i I► i e s "Seo. 13-38. Junked vehicles declared to e • u lic nuisance. "(a) A'Linked vehicle,._Jncludin ap rt of a iunkedvehicle1 that is visible at any time of the ear from a ublic .Ice •ublic ri • ht-of—wht-of-wa or aclacent . rivate property: EHord216 Revised 027448 is detrimental t the safet and welfare f the . ubli . "(2) tends to reduce the value of • rivate • r + rt "(3) invitesvan ai rr "(4) creates a fir_haard " is n attractive nuisance creating _ha rd to _the health and safet of minors' 6 produces urban blight adverse to the maintenance and continuing development of the city and "(7) is a public nuisance. " A junked vehicle, in accordance with the procedures for abatement and removal in Cha•ter 683 of the Texas Tran • rtation Code and as defined herein is declared to be a public nuisance sublet to r clulati n." SECTION 2. Section 13-39 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-39 is enacted to read as follows: � e 1 i< " i = „ termined ire this di■ri w e i e • ;Sec. 13-39 Definitions. "(a) Antique vehicle means a •risen • r car or truck that is at least ti nty--five (25) years old.. El-lord216.doc Page 2 of 11 (b) Inoperable mans!_due to mechanical failure, breakdowndisrepair, or cannot be started_, drivnratd, steered, rsto ped under its own power without causing damage to the vehicle. "(c) Junked vehicle me ns a vehicle that is self-propelled, or napart thereof which is in ordinary view and: "(1) does not have la rfu I I Y _ attach d to it: "LA) an un• ired license • late. or (B) a .valid motor vehicle inspection certificate: and "2 is: "(A) wrecked, dismantled or partially dismantled, or discarded; or "LB) inoperable and has remained ino•erable for more than: "(i) consecutive hours if the vehicle is on public property or public right-of-way; or "Qi) 20 consecutive days if the vehicle is on private apperty. "(c1)_ Mo or_ ehicle collector means a person who: e wa "(1) owns s one or more antic ue or special interest vehicles; and "(2) ar uir s ll cts,- r di_§pows of an antique or special interest vehicle or art of an antique or special interest vehicle for personal use to restore and preserve an antique or special _interest vehicle for historic interest. Ordina view means visible at an time of the ear from an • ublic ri • ht-of- ublic ro • ert or from private ro.ert which is owned or occu ied b a person other than the propert owner or occupant of theproperty on which the vehicle is located. "(f) Special interest vehicle rneans a motor vehicle of any ae that has not been changpd from ori incl manufacturer's ecifications and, because of its historic interest, is beinit preserved ba hobbyist,." SECTION 3. Section 13-40 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-40 is enacted to read as follows: Efford l6.doc Page 3 of 11 i ■i enforcement officials: (1) Whenever an enforcement dices -: . # ■■ i days from the date such notice is mailed. 41,4 • • i i • i • • ii e s 1 EFlord216.cloc Page 4 of 11 e . . . i z reversefeverse-e-r-m-Gd-ify-the order of the hearings ey er, ce e . is requested ,within # # ii e or such other person as E. i i t e "e der, or other suitable z i i *0 "Sec. 13-40. Enforcement. notice. z "ja) The procedures for abatement and removal of a junked vehicle must be administered by code enforcerrient ffi ials r npled b theNeighborhood Services Department 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, except that an_y_authorized person may_remove the nuisance. "(b) Persons authorized to administer the abatement and removal procedures may enter_upon private pr rty to amin ar junked vehicle obtain information to identify the junked vehicle and to remove ordirect the removal of the Junked vehicle. "(c) Following investigation of a public nuisanceL the notice procedures set out in this section must be followed for the abatement and removal of a junked vehicle from public or private property or a put li right-of-way: EHord216.doc Page 5 of 11 "(1) A notice must be personally delivered sent by certified mail with a five-day return re. ue ted or delivered b the United States Postal Service with signature confirmation service to: "(A) Lheit_known registered owner of the nuisance; f)each Iienh lder ofr r f the nuisance; and "(C) the owner or occupant of: "{i) the property on which the nuisance is located' or if the nuisance is located on a . ublic ri • ht-of-wa the property adjacent to the right-of-way. "(2) Tine _notice must state; "l the nature of the -public nuisance' "(B) tat_the nuisance must be abated and removed not later than the 1 Qthdyaftr the date on which the notice was rsonally delivered r mailed; (C describe th _ri ht to request a hearing; and "(0) state that any request for a hearing must be made before the 1Q -day period expires. "(3) In addition to the notice ne r d under subsection (c)(1)__of this section a code enforcement official or other employee designated b the City l lana er, may securely affix to a junked vehicle, or part thereof a visible dated,and brightly colored notice that contains the information re. uired in subsection c2 of this section. The p stin of the discretionartnatice described in this subsection is -not a condition or re • uirement . reoedent to an • r ceedin or action to abate a • u lic puisance,_ancproceeding or action is not void voidable or in an wa affected b a failure to affix the notice. "(4) If the post office address of the last known registered owner of the unked vehicle is unknown a notice ma be •laced on the Funled vehicle r if the owner is located, 'Personally delivered. "(5) If a notice is returned undelivered action to abate the nuisance must be cntin ued to a date not earlier than the lith day after the date of the return." EFlord216.doc Page 6 of 1.1 SECTION 4. Section 13-41 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood improvement, Article Il, Building and Housing Standards Code, Division 2, Junked ed ehicle , is repealed and new Section 13-41 is enacted to read as follows: .A "Sec. 13-41. Hearings; rel at_ - f junked vehicle. "(a) A person who receives notice of a public nuisance under Section 13-40(c)(11 pay request a hearing to determine whether a vehicle is a junked vehicle. Any request for a hearing must be made, _in person or in writing to the munici •aI court clerk not later than the loth da after the notice was .eronall delivered or mailed. "LD) If requested in a tiel manner a municipal court [ude shall hold a hearing to determine whether a vehicle, or part thereof, is a public nuisance. "(c) The hearing shall be held not earlier than the 11th day after the date of service of the notice. "{d At the hearing, the junked vehicle is resumed unless demonstrated otherwise by the owner, to be inoperable. "(e) The municipal courts of -the city_mav issue necessary orders to enforce the roc d ures for the abatement and removal of a • ublic nuisance. " An order requiring the removal of the nuisance must include if the information is available at the location of the nuisance,_the vehicle's: "(1) description "12) identification _number- and "(3) license plate number. " The relocation of a unked vehicle that is a blit nuisance to another location within the Cit after a • roceed in • for the abatement and removal of the public nuisance has commenced shall have no effect on the proceeding if th junked vehicle constitutes a public nuisance at the new location." SECTION 5. Section 13--42 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and EHord216.doc Page 7 of 11 Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-42 is enacted to read as follows: Notice --shall be given to the Texas haIi identify the vehicle or part thereof. "Sec. 13-42. e i res not to be reconstructed_ _ e er isp saL. "(a) A vehicle removed under the abatement and removal procedures set out in t i divi i n niay rlot be reconstructed or made operable_ Ub) Disposal of a lunged vehicle shall be b removal to ascrapyard a motor vehicle demolisher or other suitable site operated by the City, as necessary to accomplish the purposes of this division, provided that any such disposal shall be for scrap, demolitionLor salvage only`" SECTION . Section 13-43 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-43 is enacted to read as follows: -health hazard and is scree "Sec. 13-43. Notice to Texas Department of Transportation. "F liowin. removal a notice identi n. the unked vehicle or .art of the vehicle shall be given to the Texas Department of Transportation by Neighborhood rhood Services Department n employees, or other employees designated b the Cit Manager, not later than five day _after the date of removal." EFlord216.doc Page 8 of 11 SECTION 7. Section 13-44 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood irprovement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-44 is enacted to read as follows: `S ,_1 3-44. Inapplicability of division; no exemption. "(a) The procedures for the abatement and removal of a ublic nuisance may not apply to a vehicle or vehicle part: " 1 that Orr pletel p �e in building in a lawful manner and is not visible from public or private_p_r p rf or public right -of= r a;_j "(2) that 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 that is antique or special interes_ehile stored by a motor vehicle collector on the oolletr'sroperty�if the vehicle or vehicle part and the outdoor storage area, if any, are: "(A) _rrintarined in an orderly manner• "al not a health hazard. and 1g) screened from ordinarypublio view by appropriate means, including a fence, rapidly prowin trees shrubbery, or a form-fittin cover designed and manufactured s ecifically for vehicles. "(b) A junkedvehicle, or part of ajunked vehicle, covered by a form -fitting vehicle cove0s not exempt from the procedures for abatement and removal." SECTION 8. Section 13-45 of the Code of ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-45 is enacted to read as follows: Aka e it EFlord216.doc Page 9 of 11 cause the removal of any vehicle or parts thereof "Sec. 13-45. Offense; penalty. "(a) A person commits an offense if that - er on n4ntains a publicnuisance as described in this division. "(b) An offense under this division is punishable 1?fi_rip not to exceed tw o hundred dollars ($200.00). "o) On conviction, the court hall_orer- removal ?nd abatement of it-irblic nuisance. "id) An offense under this division is subject to the penalt provi ions of Sections 1-6 and 1-6.1 of the Code." SECTION 9. The provisions of this ordinance take effect November 1, 2007. SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, . subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 11. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 12. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1-6 and 1-6.1 of the Code of Ordinances of the City of Corpus Christi. El-lord216.doc Page 10 of 11 That the foregoing ordin nce was read for the first time and passed to its second reading on this the day of OibcA. , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon A IL That the foregoing ordinance was read for,th9 second time and passed to its final reading on this the ((o`� 0 day of C.' �2,t , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED as to form: October 4, 2007 Elizath R. Hundley �--` Assis ant City Attorney for the City Attorney EHord216.doc Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Aty, day of Q('ftitg-€ , 2007. Hen Garr Mayor 027448 tt • EFFECTIVE DATE Page 11 of 11 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces 1 Ad # 5820723 PO # Before me, the undersigned, a Notary Public, this day personally came ORIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kle er , Live Oak, Nueces, Refugio, SanPatrick', Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE, which the annexed is a true copy, was inserted in the Corpus Christi Caller -des on the 22nd of October, 2007. $105.48 k47_,/ - LEGAL SALES REPRESENTIVE iTime(s) On this _1134\ day of if Uh\aM , 2611 I certify that the attached document is a true and an exact copy made by publisher. Not Public, State of Texas October 22, 2007 NOTICE OF PASSAGE OF ORDINANCE NO. 027448 Amending the Code of a Ordinances, Chapter 13, Article II, Division 2, Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new Sections 13-38 through 13-45; provid- ing for an effective date; providing for publication; and pro- viding for penalties. This ordinance was passed and approved by the City Council of the City of Corpus Christi on October 16, 2007. /s1 Armando Chapa City Secretary City of Corpus Christi