08-A Billboards & Off-Premises Signs Moratorium
DRAFT
ORDINANCE NO.
f:attornev\ordwork\curren\tJunked Vehicles Ord 2007
October 11, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING SECTION 19-16 DEFINITIONS, SECTION 19-20(a)
NOTICE, AND SECTION 19-21 HEARING PRIOR TO ABATEMENT OF
NUISANCE BY CITY, OF CHAPTER 19, ARTICLE II JUNKED VEHICLES
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; AMENDING
THE DEFINITION FOR A JUNKED VEHICLE; PROVIDING THAT
NOTICE PRIOR TO ABATEMENT INCLUDE DELIVERY BY UNITED
STATES POSTAL SERVICE WITH SIGNATURE CONFIRMATION
SERVICE; PROVIDING FOR A HEARING ON REQUEST OF A PERSON
WHO RECEIVES NOTICE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENAL TY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 13,2000 the City Council of the City of Paris, Texas enacted
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, during the 2007 legislative session, Senate Bill 350 and Senate Bill 351
amending Sections 683.071, 683.074 and 683.075 of the Texas Transportation Code to revise the
definition of 'junked vehicle" and to amend the time period during which an owner of a junked
vehicle may request a hearing; and
WHEREAS, the Task Force On Code Enforcement of the City Council of the City of Paris,
Texas on September 25,2007 recommended to the City Council that the definition of a junk vehicle
in the Code of Ordinances ofthe City of Paris, Texas be amended to state that a junk motor vehicle
have both an unexpired license plate and an expired motor vehicle inspection certificate before it can
be considered a public nuisance; and,
WHEREAS, the Task Force has also recommended that the definition of a junked vehicle
be that the vehicle be wrecked, dismantled or partially dismantled, or discarded; or inoperable and
remain inoperable for more than 72 consecutive hours, if the vehicle is on public property; or 10
consecutive days, if the vehicle is on private property, and recommended that a public hearing be
held upon the request of a person who receives notice.
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 to read as follows:
"Sec.19-16 . Definitions.
F or 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 or dismantle a motor vehicle.
Junked Vehicle. A vehicle that is self-propelled and ;
(1) does not have lawfully attached to it:
a. an unexpired license plate; and
b. a valid motor vehicle inspection certificate; 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. Thirty (30) consecutive days, if the vehicle is on private
property .
Motor Vehicle Collector. A person who:
(1) Owns one or more antique or special interest vehicles; and
(2) Acquires, collects, or disposes of an antique or special interest vehicle
or part of an antique or special interest vehicle for personal use to res
tore and preserve an antique or special interest vehicle for historic
interest.
Person. Any individual, firm, partnership, association, corporation, company, or
organization of any kind.
Special Interest Vehicle. A motor vehicle of any age that has not been changed
from original manufacturer's specifications and, because of its historic interest, is being
preserved by a hobbyist.
Section 3. That Section 19-20(a) of the Code of Ordinances of the City of Paris, Texas, be,
and the same is hereby amended to read as follows:
"Sec. 19-20. Notice.
(a) Whenever any public nuisance as provided in Section 19-17 exists in the City
in violation hereof, the persons authorized by Section 19-19 to administer this article
shall personally deliver written notice or send written notice by certified mail with a five-
day return requested or deliver written notice by the United States Postal Service with
signature confirmation service to:
(1) The last known registered owner of the nuisance;
(2) Each lienholder of record of the nuisance; and
(3) The owner or occupant of:
a. The property on which the nuisance is located; or
b. If the nuisance is located on a public right-of-way, the property adjacent to
the right-of-way."
Section 4. That Section 19-21 of the Code of Ordinances of the City of Paris, Texas, be, and
the same is hereby amended to read as follows:
" Sec. 19-21. Hearing prior to abatement of nuisance by city.
A public hearing shall be held, on the request of a person who receives notice as
provided by Section 19-20 of the City of Paris Code of Ordinances, if the request is made
not later than the date by which the nuisance must be abated and removed. The hearing
shall be held not earlier than the eleventh (11 th) day after the date of the service of notice.
The hearing provided for herein shall be conducted by the City Manager, or his designee.
At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the
owner, to be inoperable. Following such hearing, and if the information is available at
the location of the nuisance, an order requiring removal of the nuisance shall include the
vehicle's description, vehicle identification number, and license plate number. Failure
to comply with any order issued as a result of a hearing shall constitute an offense in
accordance with Sec. 19-18 of this ordinance."
Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 6. That the repeal of any ordinance or part of ordinances affected by the enactment
of this ordinance shall not be construed as abandoning any action now pending under or by virtue
of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue, or as affecting any rights ofthe municipality under any section or provisions of any ordinance
at the time of passage of this ordinance.
Section 7. That it is the intention of the City Council of the City of Paris that this ordinance,
and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of
any section, clause, or provisions of this ordinance shall not affect the validity of any other portion
of this ordinance.
Section 8. That any person violating any of the provisions ofthis ordinance shall be guilty of
a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $200.00, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute and be
deemed a separate offense.
Section 9. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 22nd day of October, 2007.
Jesse James Free1en, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
w. Kent McIlyar, City Attorney