Loading...
2243 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE II CHAPTER 16 OF SAID CODEORDINANCE NO. 2243 , AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING ARTICLE II, CHAPTER 16, OF SAID CODE; ESTABLISHING PROCEDURES FOR THE ABATEMENT AND REMOVAL OF JUNKED MOTOR VEHICLES, OR PARTS THEREOF, AS PUBLIC NUISANCES, FROM PRNATE PRO- PERTY OR PUBLIC PROPERTY, AS AUTHORIZED BY ARTICLE 6687-9 OF VERNON'S ANNOTATED TEXAS STATUTES; PROVID- ING FOR A PENALTY NOT TO EXCEED $200. 00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER l, 1975. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. That Article Ordinances of the City of Paris, such shall read as follows: II of Chapter 16 of the Code of Paris, Texas, be amended so that "Article II. Junked Vehicles Sec. 16 -16. Definitions For the purposes of this article, the following terms shall have the meanings herein ascribed to them: Junked Vehicle. Any motor vehicle as defined in Section 1 of Article 6701d-11, Vernon's Annotated Texas Statutes, which is inoperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certi - ficate and which is wrecked, dismantled, partially dis - mantled or discarded. The provisions hereof shall not apply to vehicles in operable condition specially adapted or constructed for racing or operation on privately -owned drag strips or raceways, vehicles retained by the owner for antique collection 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. Person. Any individual, firm, partnership, associa- tion, corporation, company or organization of any kind. Demolisher. Any person whose business is to con- vert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor ve- hicles. hearing hereinabove provided for shall be conducted by the Chief of Police, who is hereby designated by the City Council to conduct such hearing. Any reso- lution or order requiring the removal of a vehicle or part hereof 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 owner or occupant fails to comply with said resolution or order, he shall be subject to pro- secution for a Class "C" Misdemeanor. Sec. 16-19. Removal with permission of owner or occupant. If, within ten (10) days after receipt of notice from the Chief of Police, or his duly authorized agent, to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the Chief of Police, or his duly authorized agent, for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this article. Sec. 16-20. 1?isposal of junked vehicles. (a) If such public nuisance is not abated by said owner or occupant after notice is given in accordance with this article, official action shall be taken by the City of Paris to abate such nuisance. Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolisher, or any suitable site operated by the City of Paris for pro- cessing as scrap or salvage, which removal or process shall be consistent with Section 16-20(b) hereof. A junked vehicle disposed of to a demo- lisher, in accordance with this a r t i c 1 e, must be transferred to such demolisher by a form acceptable to the Texas Highway Department (Form #MVD 71-5). The transfer receipt must be listed on the demo- lisher`s inventory list and surrendered to the Texas Highway Department in lieu of the certificate of title under the provision of Article 6687-2, Vernon's Annotated Texas Statutes. (b) After a vehicle has been removed pursuant to this article, it shall not be reconstructed or made operable by any person. (c) Notice shall be given to the Texas Highway Department within five (5) days after the date of removal by identifying the vehicle or part thereof. Sec. 16-21. Authority to enforce. The Chief of Police, or his agent, may enter upon private property for the purposes specified in this a r t i c 1 e to examine vehicles or parts thereof, obtain information as to the identify of vehicles and to remove or cause the removal of a vehicle or parts thereof de - clared to be a nuisance pursuant to this a r t i, c 1 e. The Municipal Court of the City of Paris shall have au- thority to issue all orders necessary to enforce the pro- visions of this article. Sec. 16 -22. Application. Nothing in this Article shall affect ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic. " Section 2. Any person violating any of the provisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200. 00. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective on October 1, 1975. Passed and adopted this 8th day of September, 1975. i mes M, run e, Mayor ATTEST:, ; H. C. Gree e, City Clerk APPROVED TO FORM: ~ T. K. Haynes, City ttorney Sec. 16-17. Location or presence of junked vehicles within City deemed public nuisances; exceptions. The location or presence of any junked vehicle or junked vehicles on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the City of Paris shall be deemed a public nuisance and it shall be unlawful for any person or persons to cause or maintain such public nuisance by wrecking, dismantling, rendering inoper- able, abandoning or discarding his or their vehicle or vehicles on the property of another or to suffer, per - mit or allow the same to be placed, located, main- tained or exist upon his or their own real property; provided thatthis section shall not apply to (1) a ve- hicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (2) a vehicle or part thereof which is stored or parked in a lawful manner on private pro- perty in connection with the business of a licensed vehicle dealer or a junkyard. Sec. 16-18. Abatement or removal order, contents, service. (a) Whenever any such public nuisance exists in the City in violation hereof, the Chief of Police, or his duly authorized agent who shall administer this a r t i c 1 e, shall send written notice, by certified or registered mail with a 5-day return requested, to the owner of the real property or the occupant, if any, of the premises whereon such public nuisance exists to abate or remove the same. Said notice shall specify the nature of the public nuisance; specify that it must be removed and abated within ten (10) days after the delivery date of the certified mail receipt of such notice; and specify that a request for a public hearing under Section 16-18(b) hereof must be made before expiration of said ten (10) day period. If the notice is returned undelivered by the United States Post Office, official action by the City of Paris to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such re- turn. (b) A public hearing prior to the removal of the vehicle or part hereof as a public nuisance shall be held before the governing body of the City or any other board, commission or official of the City, as designated by the governing body, when such hearing is requested by the owner or occupant of the pre- mises on which said vehicle is located within ten (10) days after the delivery date of the certified mail receipt of the notice to abate the nuisance. The