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O71-11CITY OF KENNEDALE ORDINANCE NO. V-4/ AN ORDINANCE DECLARING THAT THE LOCATION OR PRESENCE OF JUNKED VEHICLES, AS HEREIN DEFINED, WITHIN THE CITY. OF KENNEDALE, TEXAS, SHALL CON- STITUTE PUBLIC NUISANCES; ESTABLISHING PROCE- DURES FOR TiE ABATEMENT AND REMOVAL OF JUNKhD VEHICLES OR PARTS THEREOF FROM PRIVATE OR PUB- LIC PROPERTY; PROVIDING FOR THE FIXING OF A LIEN FOR COSTS OF ABATEMENT!PER DEFINED CIRCUMSTANCES; PROVIDING FOR THE DISPOSITION OF JUNKED VEHICLES REMOVED AND IMPO 4E0 UNDER THE TERMS OF THIS 0 INANCE; MAKING IT UNLAWFUL TO MAINTAIN A JUNKED VEHICLE AS A P ;LIO NUISANCE IN VIOLATION OF THE PROVISIONS OF THIS ORDINANCE, AND PROVIDING PENALTIES FOR SUCH VIOLATIONS; PRO- VIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. The foliowing terms, when used in this ordin- ance, shall have the meanings respectively given them in this section: "Motor Vehicle" means any motor vehicle subject to -registration pursuant to the Texas Certificate of Title Act. "Junked Vehiclemeans any motor vehicle as defied in Section 1 of Article 827a, Vernon's Texas Penal Code, as Amended, which is inoperative and which does not have lawfully affixed thereto both an un- expired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked, dismantled, partially dismantled, or dis- carded. "Demolisher' means any person whose business is to ,convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle otor vehicles. "Storage Facility' means a gar ge, parking lot, or any type of facility or establishment for the ser- vicing, repairing, storing or parking of motor ve- hicles. Section 2. Junked vehicles which are located in any place in the City of Kennedale, Texas, where they are visible from a public place or pudic right-of-way are detrimental to the safety and welfare of the general public, tending to re- duce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance cre- ating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the City and State, by producing urban blight which is adverse to the m.intenance and continuing development of the City, and such vehicles are therefore declared to be a public nuisance. Section 3. Parts of junked vehicles which are located in any place where they are visible from a public place or public right-of-way, for the same reasons stated in the pre- ceding section, are likewise declared to be a public nuisance; provided, however, that this section shall Have no application to a person lawfully engaged in the business of buying, selling or repairing automobiles or parts thereof, and lawfully storing or displaying such parts in connection with such lawful business. Section 4. This ordinance shall not apply to (a) 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 (b) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a li- censed vehicle dealer or a junkyard. Section 5. The provisions of this ordinance shall br administered by the Police Chief of the City of Kenredale, or under his direction and supervision, by regular full-time Police Officers of the City of Kennedale, except that the re- moval of vehicles or parts thereof from property may be by any other duly authorized person. The Police Chief, or any duly authorized Police Officer of the City of Kennedale under his direction and supervision, may enter upon private property for the purposes specified in this ordinance to examine ve- hicles 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 ordin- ance. The Municipal Court of the City of Kennedale, Texas, shall have authority to issue all orders necess.ry to enforce this or- dinance. Section 6. Whenever any public nuisance exists in the City of Kennedale, Texas, as defined by the provisions of this ordinance, the Chief of Police shall give written notice to the owner or occupant of the remises whereupon such public nuis- ance exists, such notice to state the nature of the public nuisance and direct that it must be removed and abated within ten days and further stating that a request for hearing, if desired, must be made before expiration of said ten-day period, and said notice shall be mailed, by certified or registered mail with a five-day return requested, to said owner or occu- pant of the premises whereupon such public nuisance exists at least eleven days prior to any action hereinafter authorized by the City of Kennedale to abate such nuisance. If the notice is returned undelivered by the United States Post Office, of- ficial action to abate said nuisance shall be continued to a date not less than ten days from the date of such return. Section 7. Upon request in writing by the owner or oc- cupant of the premises where any nuisance under this ordinance is alleged to exist, such notice to be delivered to the Mayor, City Secretary otPolice Chief within ten days after service of notice to abate the nuisance as above provided, then a pub- lic a/1 be held before the City Council of the City of the question of whether a public nuisance in fct exists and whether it should be abated. Written notice of such public hearing shall be directed by regular mail to the owner or occupant requesting same, at the address shown on such reuest, to be mailed at least five days prior to the hearing. After such hearing, the City Council shall determine its finding by resolution, and if a nuisance is found to exist and removal of a vehicle or part thereof is ordered, such resolu- tion shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available, at the site, and shall require removal within ten days following the adoption of the resolution, Section 8. If the owner or occupant of any premises in the City of Kennedale who has been notified of the existence of a nuisance on his property under this ordinance shall fail, neglect or refuse to abate the same within the time specified in the notice from the Police Chief, or within the titre speci- fied in the resolution of the City Council if hearing has been requested and had before said City Council as above provided, -2- then the Chief of P of ice shall have the right to and shall enter upon said premises and abate such public nuisance, or cause the same to be abated, by the impounding and removal of such junked vehicle or parts thereof as specified in the notice or order, and shall defray the expenses thereof out of the funds of the City of KPnnedale available for such purpose, placing the .same in any temporary storage place maintained by the City of Keane - dale for such purpose or any storage facility authorized by the City Council, and all expenses so incurred in the abatement of such nuisance and storage of said junked vehicle or parts there- of shall constitute a lien against such vehicle or parts, to be repaid from any proceeds derived from the disposal of such junked vehicle or parts thereof as hereinafter authorized. Any excess of proceeds over such expenses shall be paid to the owner of such vehicle or parts, upon application therefor and proof of owner- ship, and if no application and proof has been received within thirty days after the disposal of such vehicle or parts, then said monies shall be paid into the general fund of the City. The Chief of Police shall keep adequate records of all expenses and proceeds, identifiable with the particular vehicle or parts in- volved. Section 9. After a junked vehicle has been removed from any premises by the City of Kenneda. epursuant to the provisions of this ordinance, it shall not be reconstructed or made oper- able. Notice shah be given to the Texas Highway Department by the Chief of Police within five days after the date of removal of any junked vehicle hereunder, identifying the vehicle or part thereof, so that said Department may cancel the certifi- cate of title to such vehicle pursuant to Article 1436-1, Ver- non's Texas Penal Code, as amended. Section 10. Junked vehicles or parts thereof removed by the City of Kennedale under the provisions of this ordinance shall be disposed of by the Chief of Police at reasonable in- tervals to commercial scrapyards or demolishers, provided that such sale shall be as scrap or salvage, subject to the provis- ion that no such vehicle shall be reconstructed or made operable. Such sale shall be to the highest of sealed bids submitted there- for, and it shall be sufficient for the Chief of Police to seek bids by written or oral invitation. only, without necessity of advertisement therefor; provided, however, that a minimum of three bids shall be received in connection with each proposed sale unless the Chief of Police shall determine after a second effort to obtain bids that he cannot obtain such minimum num- ber of bids from commercial channels. In event no bids can be obtained after a second effort to sell any junked vehicles or parts, then the Chief of Police may dispose of same by giving them away or in any other manner most economical for such dis- pos 1, provided only that they shall not be reconstructed or made operable. The Chief of Police in his discretion may offer such junked vehicles or parts thereof in such lots or groups as he deems advisable, allocating the proceeds therefrom among the different vehicles or parts in an equitable manner. Section 11. It shall be unlawful for any person, firm ox corporation owning or occupying any premises in the City of Ken- nedale, Texas, to maintain or permit the existence of a public nuisanceupon such premises, as defined by this ordinance, and each day that any public nuisance continues to exist on premises within the City of Kennedale as forbidden by this ordinance shall constitute a distinct and separate offense. It shall be unlawful for any person, firm or corporation to fail to -3- comply with the order of the Chief of Police, or the resolu- tion of the City Council, requiring removal of a public nuis- ance under this ordinance, and each day that a failure to re- move or abate a nuisance continues after the expiration of time therefor provided in any such notice shall be deemed to constitute a distinct and sep rate offense. The maintenance or existence of a nuisance upon premises under this section is intended as a separate and distinct offense from the fail- ure to remove or abate a nuisance after notice to do so, and a person may be tried for either or both offenses hereunder. Upon conviction therefor, a person violating these provisions shall be deemed guilty of a misdemeanor, and may be fined in any sum not to exceed $200.00 for each and every offense. Section 12. If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or ineffective for any reason, such holding shall not affect the validity of the remaining portions of this ordinance, and all of the remainder of this ordinance not so held to be unconstitutional or ineffective shall continue in full force and effect. Section 13. This ordinance is hereby declared to be cumulative of all provisions of existing ordinances of the City of Kennedale, Texas, except in those instances where the provisions hereof are in direct conflict with any existing or- dinance, in which instance the conflicting provisions are here- by repealed, but only to the extent of such necessary conflict. Nothing in this ordinance shall prejudice the right of the City of Kennedale to abate any nuisance under any other modes pro- vided by law, and nothing in this ordinance shall affect statutes that permit immediate removal .f a vehicle left on public proper- ty which constitutes an obstruction to traffic. Section 14. This ordinance shall be in full force and effect immediately upon its passage, and publication as required by law. ADOPTED AND APPROVED this ATTEST: (CITY SEAL) THE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF KENNEDALE 1 1 1 x APPROVED: of November, 1971. Martiii, Mayor of the City of Kennedale, Texas I, Jewel D. Bod, City Secretary of the City of Kennedale, Texas, hereby certify that the above and foregoing is a true and correct copy of City of Kennedale Ordinance No. 2/4/ , adopted by the City Council of the City of Kennedale, Texas, at a regular meeting held on the day of November, 1971, as is reflected by the minutes of saidCity Council. IN WITNESS WHEREOF, I hereby affix my name and the of- ficial seal of the City of E,nneda1e, Texas, this // day of November, 1971. (CITY SEAL) Secretary of ty of Kennedale, Texas -4- AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS: COUNTY OF TAR T BEFORE ME, the undersigned authority, on this day per- sonally appeared Mildred W. Carey, Publisher of the KENNEDALE NEWS, who being by me first duly sworn, says upon oath that she is such official of said newspaper, which is a newspaper of general circulation published in the City of Kennedale, Texas, and that the attached Legal Notice concerning the adop- tion of City of Kennedale Ordinance No. 71-11 on Junked Ve- hicles was published in one issue of said newspaper, which is a weekly newspaper, and that such publication was made on the 1 6 day of December, 1971. • Mildred W. Carey, Publisher SUBSCRIBED AND SWORN TO before me by the said Mildred W. Carey this the /4—day of December, 1971. r / Notary Public, Tarrant County, Texas (NOTARY PUBLIC SEAL) 76060, THERRSDAL DECEMBER 16, 1971., PRICE 100, NUMBER 36 LEGAL NOTICE THE STATE OF TEXAS: COUNTY OF TARRANT : CITY OF KENNEDALE : TAKE NOTICE that the City Council of the City of Kenne- dale, Texas, at a regular meeting duly held on the llth day of November, 1971, duly adopted City of Kennedale Ordinance No. 71-11 styled by title as follows: "AN ORDINANCE DECLARING THAT THE LO- CATION OR PRESENCE OF JUNKED VEHICLES, AS HEREIN DEFINED WITHIN THE CITY OF KENNEDALE, TEXAS, SHALL CONSTITUTE PUBLIC NUISANCES; ESTABLISHING PROCEDURES FOR THE ABATEMENT AND REMOVAL OF JUNKED VEHICLES OR PARTS THEREOF FROM PRIVATE OR PUBLIC PROPERTY; PRO- VIDING`FOR THE DISPOSITION OF JUNKED VEHICLES REMOVED AND IM- PUNDED UNDER THE TERMS OF THIS ORDINANCE; MAKING IT UNLAWFUL TO MAINTAIN A JUNKED VEHICLE. AS A PUBLIC NUISANCE IN VIOLATION OF THE TERMS OF THIS ORDINANCE; AND PROVIDING PENALTIES FOR SUCH VIOLATIONS: PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE': The ordinance defines the term "Junked Vehicle" as meaning any motor vehicle as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, as amended, which is ioperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certi- ficate'a.nd which is wrecked, dismantled, partiallydismantled, or discarded. As indicated by the title, the ordinance declares any junked vehicle in the City and visible from public property or public right-of-way to constitutea public nuisance, unless stored lawfully on private property in connection with the business of a licensed vehicle dealer or junkyard, and provides rules and regu- lations for the abatement of such nuisances, including the giv- ing to the City the right to enter and remove junked vehicles and sell same for scrap, cancelling the title registration thereon, If any such nuisance is not abated within 10 days after written iotice to the owner or occupant of property where same is located. The ordinance is declared effective upon adoption and publication of this notice. It declares violations thereof to be misdemeanors and provides penalties in Section 11 thereof as follows: "It shall be unlawful for any person, firm or corpora- tion owning or occunying any premises in the City of Kennedale, Texas, to maintain or permit the existence of a public nuisance upon such premises, as defined by this ordinance, and each day that any public nuisance continues to exist on premises within the City of Kennedale as forbidden by this ordinance shall constitute a distinct and separate offense. It shallbe unlawful for any person, firm :,r corporation to fail to comply with the order of the Clef of 'P3lice, or the resolution of the City Council, renui.ri -g removalof a pub- lic nuisance under this ordinance, and each day that a failure to remove or abate a nuisance continues after the expiration of time therefor provided in any such notice shall be deemed to constitute a distinct and separate offense. The maintenance or existence of a nuisance upon premises under this section is intended as a separate and distinct offense from the failure to remove or abate a nuisance after notice to do so, and a person may be tried for either or both offenses hereunder. Upon conviction therefor, a person violating these provisions shall be deemed guilty of a misdemeanor, and may be fined in any sure not to exceed $200.(0 for each and every of- fense." SIGNED AND SEALED this 9th day of L'ecember, A. D. 1971. ATTEST.: 17L J. A-. Martin, Mayor of the City, c'- • Kennedale,- Texas Myra Burke, Asst . City Secretary (CITY SEAL) AMMINIV