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15 - CITY ORDINANCE SECTIONS 19-16 AND 19-20Item No. 15 memorandum TO: City Council John Godwin, City Manager FROM: Bob Hundley, Chief of Police SUBJECT: CITY ORDINANCE SECTIONS 19 -16 and 19 -20 DATE: April 7, 2015 BACKGROUND: The City regulates Junked Vehicles under Chapter 19, Article II of the Code of Ordinances, which is based on Texas Transportation Code Chapter 683. The current definition of "junked vehicle" in the ordinance includes the requirement that the vehicle must have an expired inspection sticker. In 2013, the Texas Legislature enacted the "Two Steps, One Sticker" scheme in which, effective March 1, 2015, vehicles are no longer required to have inspections stickers, but instead, proof of annual inspection is required in order to register a vehicle. Concurrently, with this change in the law, the Legislature amended the definition of "junked vehicle" in Chapter 683 to account for the abolition of the inspection sticker requirement. Consequently, the definition of "junked vehicle" in Sec. 19 -16 also needs to be revised to omit any reference to the now obsolete inspection stickers. In addition, the current ordinance can be read to require that notice be given to several parties prior to writing a ticket for or filing a case in the municipal court for junked vehicles (Sec. 19- 20). Chapter 683 makes it clear that notice is only required for abatement (removal) of a junked vehicle, and the notice requirement does not apply to bringing cases in the municipal court. Thus Sec. 16 -20 needs to be amended to make clear that notice is required only to abate a junked vehicle, but not prior to filing a case in the municipal court. STATUS OF ISSUE: This proposed ordinance both revises the definition of "junked vehicle" as set forth above and clarifies that the notice provisions apply only to the abatement of such vehicles. Both of these changes are to bring the current ordinance in line with state law. BUDGET: This proposed ordinance revision will have no impact on the budget. RECOMMENDATION: Authorize the amending of the ordinance to reflect the changes in state law regarding inspection stickers and to clarify that the notice requirement applies only to abatement of junked vehicles. Draft ORDINANCE NO. 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 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. 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 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 -20. Notice. (a) Prior to the abatement and removal of any public nuisance as provided in section 19 -17, 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. (b) Such notice shall state: (1) The nature of the public nuisance; (2) That the nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; and (3) That any request for a hearing must be made before the ten -day period expires. (c) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, hand delivered. (d) If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return. (e) The relocation of a junked vehicle that is a public nuisance under section 19 -17 hereof to another location in the City after notice has been given in accordance with this section shall have no effect on the city's ability to continue to remove and destroy the vehicle if the junked vehicle constitutes a public nuisance at the new location. Section 4. 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 5. 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 of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. 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 7. That any person violating any of the provisions of this 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 8. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED this day of , 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney