Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this section but are defined in other provisions of the City of
Brenham Code of Ordinances shall be given the meanings set forth in
those provisions. Other words and phrases shall be given their common,
ordinary meaning unless the context clearly requires otherwise. Headings
and captions are for reference purposes only, and shall not be used
in the interpretation of this article.
City.
The City of Brenham, Texas, an incorporated municipality
located in Washington County, Texas.
Demolisher.
Any person whose business is to convert the motor vehicle
into processed scrap or scrap metal or otherwise to wreck or dismantle
motor vehicles.
Junked vehicle.
A motor vehicle, aircraft, or watercraft as defined in the
Texas Transportation Code, Section 683.071, as amended, that:
(1)
Is self-propelled and is:
a.
Wrecked, dismantled or partially dismantled, or discarded; or
b.
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;
and c. Displays an expired license plate or does not display a license
plate.
(2)
An aircraft that does not have lawfully printed on the aircraft
an unexpired federal aircraft identification number registered under
Federal Aviation Administration aircraft registration regulations
in 14 C.F.R. Part 47.
(3)
A watercraft that:
a.
Does not have lawfully on board an unexpired certificate of
number; and
b.
Is not a watercraft described by Section 31.055, Parks and Wildlife
Code.
Officer.
Any person designated by the city as authorized to investigate
and enforce suspected violations of city ordinances or regulations.
The term may include the chief of police, a police officer, the city
health officer, or another person so designated by the city manager.
(Ordinance O-09-12, sec. 1, adopted 6/18/09; Ordinance O-15-011 adopted 4/16/15)
Junked vehicles, including parts of a junked vehicle, that are
visible at any time of the year from a public place or public right-of-way,
are detrimental to the safety and welfare of the general public; tend
to reduce the value of private property; invite vandalism; create
fire hazards; constitute an attractive nuisance creating a hazard
to the health and safety of minors; and are detrimental to the economic
welfare of the state and city by producing urban blight which is adverse
to the maintenance and continuing development of the municipalities
in the State of Texas. As such, these vehicles are, therefore, declared
to be a public nuisance.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
It shall be unlawful for any person, individual, entity, company
or corporation to maintain, possess, or locate any junked vehicle
or parts or portion thereof, within the City of Brenham, in violation
of this article.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
(a) Any
person may file a complaint alleging the existence of a junked vehicle,
or part thereof, as a public nuisance in the city. The complaint must:
(2) Provide
sufficient details about the alleged nuisance;
(3) Be
signed by the complainant; and
(4) Be
filed with the city secretary, municipal court clerk, police chief,
police officer, or health officer.
(b) On his/her
own knowledge or on the basis of a written complaint, an officer shall
investigate the alleged existence of a junked vehicle, or part thereof,
on private or public property or a public right-of-way within the
city.
(c) The
officer may enter private property where the alleged junked vehicle,
or part thereof, is located in order to examine the public nuisance,
to obtain information to identify the nuisance, and to remove or direct
removal of the nuisance.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
(a) If it
is determined by the officer that a nuisance, as defined herein, exists
in the city, the officer shall give notice or cause notice to be given
in writing. The notice shall state: the nature of the public nuisance;
that the nuisance must be removed and abated within ten (10) days;
and further that a request for a hearing must be made within ten (10)
days of receipt of the notice. The notice must be personally delivered,
sent by certified mail, with a five-day return requested, or delivered
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) The
notice must state that:
(1) The
nuisance must be abated and removed not later than the tenth day after
the date on which the notice was mailed or personally delivered; and
(2) Any
request for a hearing must be made before that 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, personally 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) A public
hearing must be held, prior to the removal of the vehicle or the part
thereof as a public nuisance, before a municipal court judge, when
such hearing is requested by the owner or occupant of the premises
on which said vehicle is located, not earlier than the eleventh day
after service of notice to abate the nuisance. At a hearing, the junked
motor vehicle is presumed, unless demonstrated otherwise by the owner,
to be inoperable. If the information is available at the location
of the nuisance, a resolution or order requiring removal of the nuisance
must include the vehicles:
(2) Vehicle
identification number; and
(3) License
plate number; or
For an aircraft, the aircraft’s:
|
(1)
|
Description; and
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(2)
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Federal Aircraft identification number as described by Federal
Aviation Administration aircraft registration regulations in 14 C.F.R.
Part 47; or
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For a watercraft, the watercrafts:
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(1)
|
Description; and
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(2)
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Identification number as set forth in the watercraft’s
certificate of number.
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(f) If, after written notice has been given, as described in this section
12-27, and continuing through the hearing, the owner relocates the junked vehicle, or a part thereof, to another location in the City of Brenham, Texas or in Washington County, the relocation has no effect on the hearing if the vehicle, or a part thereof, constitutes a public nuisance at the new location.
(Ordinance O-09-12, sec. 1, adopted 6/18/09; Ordinance O-15-011 adopted 4/16/15)
(a) After
the hearing is held by a municipal court judge as herein provided,
if the judge finds that such a nuisance as herein defined exists,
the judge shall order the owner or occupant of the premises on which
said vehicle is located to remove such junked vehicle within ten (10)
days after said order is given to such owner or occupant of the premises
on which said vehicle is located.
(b) It shall
be unlawful and a violation of this article for any such person to
whom such order is given to fail or refuse to comply therewith to
remove such junked vehicle within the time provided by said order.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
In the event the owner or occupant of the premises does not
request a hearing, as herein provided, it shall be his duty to comply
with the provisions of the notice given him and to abate such nuisance
within ten (10) days after the date of the receipt of such notice.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
After a vehicle has been removed in accordance with or under
the terms and provisions of this article, it shall not be reconstructed
or made operable.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
Notice shall be given by the Officer to the Texas Department
of Transportation (“TxDOT”) within five (5) days after
the date of removal identifying the vehicle or part thereof so removed.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
(a) This
article shall 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;
c. Screened
from ordinary public view by appropriate means, including a fence,
rapidly growing trees, or shrubbery.
(b) As used
in this article:
Antique vehicle means a passenger car
or truck that is at least twenty-five (25) years old.
Motor vehicle collector means a person
who:
(1) Owns
one (1) or more antique or special interest vehicle; 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
restore and preserve an antique or special interest vehicle for historic
interest.
Special interest vehicle means 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.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
The administration of this article shall be by regularly salaried,
full-time employees of the City of Brenham, except that the removal
of vehicles or parts thereof from property may be by any other duly
authorized person, company, or entity.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
After ten (10) days after notice has been delivered to the owner
or occupant of the premises on which a junked vehicle is located if
a hearing is not requested, or if a hearing is requested, after ten
(10) days after an order requiring the removal of such junked vehicle
has been served upon or delivered to the owner or occupant of the
premises on which said vehicle is located, the officer may, if said
nuisance has not been abated, remove or cause to be removed the vehicle
which was the subject of such notice or order to a scrap yard, motor
vehicle demolisher, or a suitable disposal site.
(Ordinance O-09-12, sec. 1, adopted 6/18/09)
(a) The
City of Brenham, Texas, shall have the power to administer and enforce
provisions of this article as may be required by governing law. Any
person violating any provision of this article is subject to suit
for injunctive relief as well as prosecution for criminal violations.
(b) Any
person violating any provision of this article shall, upon conviction,
be fined a sum not exceeding two hundred dollars ($200.00). Each day
that a provision of this article is violated shall constitute a separate
offense.
(c) Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including but not limited
to the following:
(1) Injunctive
relief to prevent specific conduct that violates this article or to
require specific conduct that is necessary for compliance with this
article;
(2) A
civil penalty up to one hundred dollars ($100.00) a day when it is
shown that the defendant was actually notified of the provisions of
this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(Ordinance O-09-12, sec. 1, adopted 6/18/09)