2015-010 - Amending Section 19-16 “Definitions” and 19-20 “notice,” of Chapter 19, Article II, “Junked Vehicles,” of the Code of Ordinances ...

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ORDINANCE NO. 2015 -010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 19 -16, "DEFINITIONS," AND 19 -20, "NOTICE," OF CHAPTER 19, ARTICLE II, "JUNKED VEHICLES," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; PROVIDING THAT /FOR THE DEFINITION OF A JUNKED VEHICLE BE CHANGED PURSUANT TO AUTHORIZATION FOUND IN SECTION 683.071 AND 683.0711 OF THE TRANSPORTATION CODE; PROVIDE FOR CLARIFICATION THAT THE NOTICE PROVISIONS IN SEC. 19 -20 APPLY ONLY TO ABATEMENT OF JUNKED VEHICLE NUISANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas did enact and ordain on November 13, 2000 City Ordinance No. 2000 -058 entitled, "Junked Vehicles; Public Nuisance; Abatement" which declared a junked vehicle to be a public nuisance and which made a violation of said Ordinance a misdemeanor with a fine not to exceed two hundred dollars ($200.00); and WHEREAS, the City Council of the City of Paris, Paris, Texas did enact and ordain on October 22, 2007 City Ordinance No. 2007 -043 amending Sections 19 -16, "Definitions," 10- 20(a), "Notice" and 19 -21, "Hearing prior to abatement of nuisance by city," to conform with then - recent changes in the Texas Transportation Code; and WHEREAS, in 2013, the Texas Legislature passed House Bill 2305 which amended Texas Transportation Code Chapter 548 to eliminate the requirement of motor vehicle inspection certificates, effective March 1, 2015; and WHEREAS, the definition of "junked vehicle" in both Texas Transportation Code Section 683.071 and Code of Ordinances Sec. 19 -16 state that a junked vehicle is defined, in part, by its failure to have lawfully attached to it a valid motor vehicle inspection certificate; and WHEREAS, House Bill 2305 further amended Section 683.071 of the Texas Transportation Code to eliminate any reference in the definition of "junked vehicle" to a valid motor vehicle inspection certificate to accommodate the change in the law in Chapter 548 of the Texas Transportation Code; and WHEREAS, in order for Section 19 -16 to conform with new state law regarding the abolition of motor vehicle inspection certificates, Section 19 -16 must amend the definition of "junked vehicles" to delete any reference to the obsolete motor vehicle inspection certificates; and