04-A Junked Vehicles - Laserfiche WebLink

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AGENDA INFORMATION SHEET PROJECT: Consider amendment of Article II of Chapter 19 of Code of Ordinances dealing with the abatement of junked vehicle nuisances. BACKGROUND: The City Council has given direction to City staff and to the community that it supports an aggressive cleanup/fix-up/beautification program for the general overall improvement of the city. As part of that process, the legal department continues to review potential ordinances which can be revised or significantly changed to enhance the process of enforcement against junk, litter, and other nuisances. In November of 2000, the City Council adopted a new Article I! of Chapter 19 regarding the regulation and abatement ofjunked vehicles, which article conformed to Chapter 683 of the Texas Transportation Code. The Texas Legislature recently amended Chapter 683, Sections 683.071 and 683.077, which amendments revise the definitions of"antique vehicle" and "junked vehicle." In order for the City' s ordinance to conform to state law, the current ordinance must be revised to incorporate these amendments. Accordingly, the enclosed ordinance is presented to the City Council for review. DESCRIPTION: The enclosed ordinance would revise Section 19-16, Article I! of Chapter 19, which deals with junked vehicles to make it consistent with recent legislative amendments to state law. Specifically, the definition of"antique vehicle" has been amended to mean a vehicle over 25 years old. Under existing law, an antique vehicle is defined as a vehicle over 35 years old. Additionally, the definition of"junked vehicle" has been amended. Prior to the amendments, a vehicle was a junked vehicle if it fit one of four definitions: 1) wrecked, 2) inoperable, 3) lacking a valid inspection sticker, or 4) lacking current registration. The new law defines a junked vehicle as one that is first wrecked or inoperable. Secondly, the vehicle must also be lacking a valid vehicle inspection sticker or current registration. The new definition is more restrictive, requiring a two part showing. RECOMMENDED ACTION: Review, consideration, and approval of the proposed amendments. STAFF CONTACT: Larry W. Schenk, City Attorney; Stephanie H. Harris, Assistant City Attorney/Prosecutor; Karl Louis, Chief of Police; Michael E. Malone, City Manager COST: The proposed amendment will result in no additional cost to the City. SCHEDULE: Adoption of the updated ordinance in the near future is necessary to bring the City's ordinance into conformance with State law. COUNCIL DATE: Consider for approval at City Council's September 10, 2001, regular Council meeting. ADDITIONAL MATERIALS: See attached draft ordinance.