13 - JUNKED VEHICLE ORDINANCEItem No. 13
COUNCIL MEMBER AGENDA ITEM REQUEST
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Council member making request:
❑ Aaron Jenkins ❑ Matt Frierson
❑ Sue Lancaster ❑ Edwin Pickle
® Benny Plata ❑ A.J. Hashmi
❑ Steve Clifford
Description of Item: Discuss the junked vehicle ordinance
Are additional sheets or supporting materials attached? ® Yes ❑ No
I request that -this item be placed on the agenda for the:
® City Council meeting on this date: August 24, 2015
❑ Sometime in the next 2 meetings
❑ No specific time in mind — just keep it on a list of pending issues
Signature: & �
Date: 8 -10 -2015
City of Paris Revised 05/12/2015
ORDINANCE NO. 2007704 -3
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 PENALTY
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, in 2003, the Texas Legislature passed HB 1773 authorizing the governing body
of a municipality to enact an ordinance imposing a more inclusive definition of junked vehicles than
that provided by the State; and
WHEREAS, on September 25, 2007, the Code Enforcement Task Force of the City of Paris,
Texas met to review and discuss the City's junked vehicle regulations and abatement process and
to make recommendations to the Paris City Council; and,
WHEREAS, the Task Force has recommended that the following amendments be made to
Sections 19 -16, 19 -20(a) and 19 -21 of Chapter 19 of the Code of Ordinances of the City of Paris,
and having reviewed same, the City Council of the City of Paris hereby finds and determines that
the changes recommended herein are in the best interest of the City of Paris and its citizens and
should be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF 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.
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 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. 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(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 (10 days). The
hearing shall be held not earlier than the eleventh (11') 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 of the 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 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 9. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 22nd day of October,
James yfeelen, Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent cI ity Attorney
Chapter 19 - JUNK AND JUNK DEALERS'!'
Footnotes:
(1) - --
Cross reference— Buildings and building regulations, Ch. 7; garage sales, Ch. 15; garbage and other
waste materials, Ch. 16; health, Ch. 17; mobile homes and mobile home parks, Ch. 22; peddlers,
solicitors and itinerant vendors, Ch. 24.
ARTICLE II. - JUNKED VEHICLES; PUBLIC NUISANCE; ABATEMENT
Footnotes:
- -- (2) - --
Editor's note —Ord. No. 2000 -058, §§ 2 and 3, adopted Nov. 13, 2000, repealed Art. II and enacted a
new article as set out herein. The former Art. ll, §§ 19 -16 — 19 -22, pertained to junked vehicles, and
derived from Code 1960, §§ 16- 16- 16 -22; Ord. No. 2243, § 1, adopted Sept. 8, 1975; and Ord. No. 87-
010, §§ 1 -4, adopted Feb. 9, 1987.
Cross reference— Vehicles for hire, Ch. 33.
State Law reference— Abandoned motor vehicles, V.A.C.S. art. 4477 -9a, § 5.01 et seq.
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 thirty -five (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 (1) 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.
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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.
(Ord. No. 2000 -58, § 3,11-13-00; Ord. No. 2001 -59, § 2, 9- 10 -01; Ord. No. 2007 -043, § 2, 10-
22-07; Ord. No. 2015 -010, § 2, 4- 13 -15)
Sec. 19 -17. - Junked vehicle declared to be a public nuisance.
A junked vehicle, including a part of a junked vehicle, that is visible from a public place or public
right-of-way:
(1) Is detrimental to the safety and welfare of the public;
(2) Tends to reduce the value of private property;
(3) Invites vandalism;
(4) Creates a fire hazard;
(5) Is an attractive nuisance creating a hazard to the health and safety of minors;
(6) Produces urban blight adverse to the maintenance and continuing development of
municipalities; and
(7) Is a public nuisance.
(Ord. No. 2000 -058, § 3, 11- 13 -00)
Sec. 19 -18. - Offense; actions of municipal court.
(a) A person commits an offense if the person maintains a public nuisance as described by section 19-
17 of this section, or fails to comply with an order following public hearing as provided in section 19-
21 herein.
(b) An offense under this section is a misdemeanor, subject to prosecution in the Municipal Court of
Paris, Texas, and is punishable by a fine not to exceed two hundred dollars ($200.00).
(c) The municipal court shall have the authority to have a person convicted of the offense described in
subsection (a) herein to abate and remove the nuisance, or to issue any other orders necessary to
enforce the provisions of this article.
(Ord. No. 2000 -058, § 3, 11- 13 -00)
Sec. 19 -19. - Authority to enforce.
The chief of police, his agent, any city police officer, or the code inspectors of the City may enter
upon private property for the purposes specified in this article to examine vehicles or parts thereof, obtain
information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof
declared to be a nuisance pursuant to this article.
(Ord. No. 2000 -058, § 3, 11- 13 -00; Ord. No. 2002 -028, § 3, 5- 13 -02)
Sec. 19 -20. - Notice.
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(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 (5) 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 (10) 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 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.
(Ord. No. 2000 -058, § 3, 11- 13 -00; Ord. No. 2007 -043, § 3, 10- 22 -07; Ord. No. 2015 -010, § 3,
4- 13 -15)
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 (ten (10) days). The hearing shall be held not earlier than the
eleventh 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 section 19 -18 of this chapter.
(Ord. No. 2000 -058, § 3, 11- 13 -00; Ord. No. 2007 -043, § 4, 10- 22 -07)
Sec. 19 -22. - Removal with permission.
If, within ten (10) days after receipt of notice as provided in section 19 -20 hereof, the owner or
occupant of the premises on which a nuisance is located shall give written permission to an authorized
representative of the City as provided in section 19 -19 hereof 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.
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(Ord. No. 2000 -058, § 3, 11- 13 -00)
Sec. 19 -23. - Disposal of junk vehicles.
(a) If a public nuisance, as described in section 19 -17 hereof, is not abated after notice is given in
accordance with this article, the City may take action to abate such nuisance. Junked vehicles or
parts thereof may be disposed of by removal to a scrap yard, demolisher, or any suitable site
operated by the City or Lamar County for processing as scrap or salvage. A junked vehicle disposed
of to a demolisher, in accordance with this article, shall be transferred to such demolisher by a form
or forms required by the Texas Department of Transportation.
(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 Department of Transportation not later than the fifth (5th) day after
the date of removal identifying the vehicle or part of a vehicle so removed.
(Ord. No. 2000 -058, § 3, 11- 13 -00)
Sec. 19 -24. - Inapplicability of procedures adopted under this article.
Procedures adopted under this article do not apply to a vehicle or vehicle part:
(1) That is completely enclosed in a building in a lawful manner and is not visible from the street or
other public or private property; or
(2) That is stored or parked in a lawful manner on private property in connection with the business
of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored
by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor
storage area, if any, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
c. Screened from ordinary public view by appropriate means, including a fence, rapidly
growing trees, or shrubbery.
(Ord. No. 2000 -058, § 3, 11- 13 -00)
Sec. 19 -25. - Application.
Nothing in this article shall affect ordinances that permit immediate removal of a vehicle left on public
property which constitutes an obstruction of traffic.
(Ord. No. 2000 -058, § 3, 11- 13 -00)
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