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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WHEREAS, Texas Transportation Code Section 683.075 contains notice provisions that apply only to situations in which a municipality or county wishes to abate the nuisance, and such notice is not necessary to file a case in the municipal or county court for a violation of the junked vehicle statute; and WHEREAS, Section 19 -20 appears to require that notice be sent to the persons enumerated therein prior to filing a case in the Municipal Court regardless of whether the City intends to abate the nuisance; and WHEREAS, Section 19 -20 needs to be amended in order to conform with state law in that notice need only be sent in the event the City intends to abate the nuisance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 19 -16 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended so that such shall read as follows: "Sec.19 -16 . Definitions. For the purposes of this article, the following terms shall have the meanings herein described: Antique Vehicle. A passenger car or truck that is at least 35 years old. Demolisher. Any person whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise wreck of dismantle a motor vehicle. Junked Vehicle. A vehicle that is self - propelled and; (1) does not have lawfully attached to it an unexpired license plate; and (2) Is: a. wrecked, dismantled or partially dismantled, or discarded; or b. is inoperable and has remained inoperable for more than: 1. Seventy -two (72) consecutive hours, if the vehicle is on public property; or 2. Ten (10) consecutive days, if the vehicle is on private property.