2-7-72-Ordinance-Regulating Junk Vehicles-02/07/1972No. 2-7-72
AN ORDINANCE DECLARING THE EXISTENCE OF JUNK VEHICLES WITHIN THE
CITY LIMITS OF SANGER, TEXAS, TO BE A PUBLIC NUISANCE AND PROVID-
ING FOR THE ABATEMENT AND IMPOUNDMENT OF SAME; PROVIDING FOR THE
ASSESSMENT OF COSTS, AND THE LEVY OF A LIEN TO COLLECT SAME; PRO-
VIDING FOR THE SALE OF SAID VEHICLES; PROVIDING A PENALTY; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF SANGER, TEXAS, HEREBY ORDAINS:
JUNKED VEHICLES
SECTION I. Junk Vehicle Defined.
Whenever the term "junked vehicle" is used in this Ordin-
ance it shall mean any vehicle which does not have lawfully affixed
thereto both a valid Texas License plate or plate and a valid Texas
Department of Public Safety Motor Vehicle Inspection Certificate
and the condition of which is one or more of the following: wrecked,
dismantled, inoperative, abandoned and/or discarded, including com -
ponents thereof.
SECTION I1.
Vehicles ,De.emed Public Nuisances_; Exceptions .
The location or presence of any junked vehicle, or junked ve-
hicles, on any lot, tract, parcel of land or portion thereof, occu-
pied or unoccupied, improved or unimproved, within the City shall be
deemed a public nuisance and it shall be unlawful for any person to
maintain such a public nuisance or to permit or allow the same to
exist on his or its property or on the property of another; provided
that this Section shall not apply with regard to junked vehicle or
junked vehicles in an enclosed building, or on the premises of a
business enterprise operated in a lawful place and manner, when nec-
essary to the operation of such business enterprise, or in an appro-
priate storage place or depository maintained in an lawful place and
manner by the City, or to vehicles in an .:.operable condition specially
adapted or constructed for racing or operation on private -owned drag
strips or raceways, vehicles retained by the owner for antique col-
lection purposes rather than for salvage or for transportation, nor
vehicles stored as the property of a member of the armed forces
of the United States who is on active duty assignment outside the
continental and territorial limits of the United States.
SECTION III.
Order to Abate Nuisance; Notice, Contents.
Whenever any such public nuisance exists in the City in
lation of this Ordinance, the Health and Safety Inspector shall
order the owner and the occupant, if any, of the premises whereon
such public nuisance exists to abate or remove the same. Such or-
der shall be in writing, shall state the nature of the public n
sance, specify the correct measures required, stating that it must
be removed and abated within ten days from the date of receipt of
said notice. Such notice should further explain to the owner and/or
occupant that the request for a hearing contesting the abatement
and/or removal of said alleged nuisance must be made to the Health
and Safety Inspector prior to the expiration of ten days from re-
ceipt of said notice and/or order. Such request must be in writing
and delivered or mailed to the Health and Safety Inspector, City of
Sanger. Copies of the Order of Abatement shall be mailed, by cer•-
tified or registered mail with a five day return requested, to the
owner or occupant of the premises whereupon such public nuisance
exists. If the notice is returned undelivered by the United States
Post Office, official action to abate said nuisance shall be con-
tinued to a date not less than ten days from the date of such re-
turn.
SECTION IV.
Provision for Public Hearing.
If the Health and Safety Inspector of said City receives a
written request asking for a public hearing to contest the order or
notice of abatement received by the owner and/or occupant of the
premises whereon public nuisance exists, such a hearing shall be
held before the governing body of the City or any other board, com-
mission, or official of the City, as designated by the governing
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body, prior to the removal of the vehicle or part thereof as a
public nuisance. Any resolution or order 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 at the site. If said vehicle is re-
moved, pursuant to this section, it shall not be reconstructed or
made operable, and within five days after the date of removal of
said vehicle, notice shall be given to the Texas Highway Department
identifying the vehicle or part thereof, to enable said Department
of
to forthwith cancel the Certificate /Title to such vehicle pursuant
to Article 1436-1Vernon's Texas Penal Code, as amended.
SECTION V.
Impoundment; Assessment of Costs; Lien.
If the owner and/or occupant makes no request for a public
hearing, fails, neglects or refuses to obey any order issued under
the provisions of the preceeding Sections, or if the premises are
unoccupied, and the owner or his agents cannot be served, pursuant
to the preceding Section, the Health and Safety Inspector shall
abate such public nuisance by impounding the junked vehicle or
junked vehicles and shall defray the expenses thereof out of any
monies in the City Treasury available for such purpose. All ex-
penses so incurred in the abatement of such public nuisance shall
be charged against the owner of the junked vehicle, and a statement
of the costs incurred by the City to abate such public nuisance
shall be sent by registered mail, return receipt requested, to the
owner of such vehicles. When mailed, the said costs statement shall
state that the amount due shall be paid within thirty (30) days of
such mailing. In the event that said costs statement is returned
undelivered, public notice of said costs statement shall be given
and said notice shall state that the amount due shall be paid with-
in thirty (30) days from the giving of said notice. In the event
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that the amount due has not been paid within the applicable thirty
(30) days, the Health and Safety Inspector may file a statement
with the County Clerk of Denton County, Texas, of the expenses in-
curred to abate such public nuisance and the City shall have a
priviledged lien on such jttunked vehicle or vehicles, together with
ten (10%) percent/ontteYi" elinquent amount from the date such pay-
ment is due. For any such expenditure and interest, as aforesaid,
suit may be instituted and recovery and foreclosure had in the name
of the City, and the statement so made, as aforesaid, or a copy
thereof shall be prima facie proof of the amount expended in any
such abatement performed by the City.
SECTION XI^: Owner may obtain possession of impounded vehicle
by paying costs ,
The bona fide owner of any such junked vehicle or junked ve-
hi des, which have been impounded in accordance with the provisions
of this Ordinance may acquire possession of such junked vehicles by
paying the costs of the abatement as shall have been computed in
accordance with the preceeding Sections and by paying a reasonable
storage charge based upon the period of time such junked vehicles
or vehicles have been impounded.
SECTION HH�. Sale of Abandoned Vehicles, Disposition of
In the event that possession by the bona fide owner thereof
of any junked vehicle or vehicles impounded in accordance with the
provisions hereof is not acquired within ninety (90) days from the
date of the receipt of the registered letter or of giving public
notice of the costs of abatement, such junked vehicle or vehicles
shall be deemed to have been abandoned and then may be sold by the
City, The proceeds from any such sale shall first be applied to
reduce or satisfy the storage charges computed in accordance with
the above Section, and any amount of such proceeds then remaining
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shall be applied to reduce or satisfy the lien perfected. Such
lien shall remain in full force and effect with the respect to
any portion of the costs of abatement remaining unsatisfied.
SECTION VIII.
Penalty for Violation of Provisions.
Any person who violates any provision of this Ordinance shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be
punished by fine not to exceed Two Hundred ($200.00) Dollars. Each
day such violation shall continue or be permitted, shall be treated
as a separate offense.
SECTION IX. Savings Clause.
It is hereby declared to be the intention of the City Council
that if any section, paragraph, sentence, clause, phrase or word of
this Ordinance shall be declared unconstitutional or invalid by any
court of competent jurisdiction, such unconstitutionality or inva--
lidity shall not affect the remaining portions of this ordinance, and
the City Council hereby declares the same would have been enacted
without the incorporation in this ordinance of any such unconstitu-
tional or invalid portion.
SECTION X. Effective Date.
The fact that there are presently no adequate provisions regu-
lacing public nuisances created by junked vehicles within the City
of Sanger, make the regulation hereof necessary in the public in-
terest, creating an urgent and immediate emergency relative to the
preservation of public health, safety, comfort and general welfare,
requiring that this ordinance shall take effect immediately from
and after its passage, and it is accordingly so ordained.
PASSED AND APPROVED this the day of "j .,. G°- ,
A. D, 1972.
ATTEST
C
CITY OF SANGER, TEXAS
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