All provisions of V.T.C.A. Transportation Code, Ch. 683, Subchapter
E, are hereby expressly incorporated into this article and adopted.
(Ordinance adopting Code)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning:
Means a motor vehicle that is inoperable and over eight (8)
years old and is left unattended on public property for more than
forty-eight (48) hours, or a motor vehicle that has remained illegally
on public property for a period of more than forty-eight (48) hours,
or a motor vehicle that has remained on private property without the
consent of the owner or person in control of the property for more
than forty-eight (48) hours, or a motor vehicle left unattended on
the rights-of-way of any designated county, state or federal highway
within this state in excess of forty-eight (48) hours or in excess
of twelve (12) hours on any turnpike project constructed and maintained
by the Texas Turnpike Authority.
Means passenger cars or trucks that were manufactured in
1925 or before, or which become thirty-five (35) or more years old.
Means the owner of one or more antique or special interest
vehicles who collects, purchases, acquires, trades, or disposes of
special interest or antique vehicles or parts of them for his own
use in order to restore, preserve, and maintain an antique or special
interest vehicle for historic interest.
Means any person whose business is to convert a motor vehicle
into pressed scrap or scrap metal, or otherwise to wreck or dismantle
motor vehicles.
Shall mean any owner or operator of a parking place or establishment,
motor vehicle storage facility, or any establishment for the servicing,
repair, or maintenance of motor vehicles.
Means any vehicle that is self-propelled and:
Means any motor vehicle subject to registration pursuant
to the Texas Certificate of Title Act.
Means a motor vehicle of any age which has not been altered
or modified from original manufacturer’s specifications and,
because of its historic interest, is being preserved by hobbyists.
Means a garage, parking lot, or any type of facility or establishment
for the servicing, repairing, storing, or parking of motor vehicles.
(1984 Code of Ordinances, Chapter 16, Article II
Section 16-21; Ordinance adopting Code)
(a)
Whenever the officer designated to administer the procedure under Section 8.306 of this article has reason to believe and does believe that there is a violation of this article, he shall make notification as follows:
(1)
If
the violation is to constitute a public nuisance or private property
then such officer shall give notice by certified mail, with a five
(5) day return request, to the last known registered owner of the
junked motor vehicle, any lienholder of record and the owner and occupant
of the private premises on which the public nuisance exists.
(2)
If
the violation is to constitute a public nuisance on public property
or on a public right-of-way, then the officer shall give notice by
certified mail, with a five (5) day return requested, to the last
known registered owner of the junked motor vehicle, any lienholder
of record, the owner and occupant of public premises and to the owner
and occupant of the premises adjacent to the public right-of-way on
which the public nuisance exists.
(3)
The
notices provided for above shall:
(A)
Be in writing;
(B)
Specify the public nuisance and its location;
(C)
Specify the corrective measures required;
(D)
Request compliance within (10) days from the service thereof;
(E)
Any owner, lienholder or occupant may request a public hearing before
the city council;
(F)
Any request for a public hearing must be made before the expiration
of the said ten (10) day period for compliance;
(b)
If the
above notice is returned undelivered by the United States Post Office,
official action to abate such nuisance shall not commence on a date
less than ten (10) days from the date of such return. After the expiration
of said ten (10) day period, then the municipal judge shall have the
authority to order the removal of the vehicle in accordance with the
terms and provisions of this article and with Article 4477-9a, VTCS.
(c)
In addition
to the other notices to be given as herein provided, notice shall
be given to the State Department of Highways and Public Transportation
not later than the fifth day after the date of the removal of the
junked motor vehicle. Such notice must identify the vehicle or vehicle
part.
(d)
The
relocation of a junked vehicle that is a public nuisance to another
location within the corporate city limits after a proceeding for the
abatement or removal of the public nuisance has commenced, has no
effect on the proceeding if the junked vehicle constitutes a public
nuisance at the new location.
(Ordinance 404 adopted 12/10/91; Ordinance adopting Code)
In the event that an owner or occupant desires a public hearing, as set out in Section 8.305, he shall present such request to the city secretary either in person or in writing, and the secretary shall thereafter set a date for such hearing before the board of councilmen and shall notify the party requesting such hearing of the time and date of such hearing.
(Ordinance 404 adopted 12/10/91)
(a)
In the
event that a public hearing prior to the removal of a motor vehicle
or part of a motor vehicle as a public nuisance is requested, such
public hearing shall be before the board of councilmen.
(b)
The
board of councilmen shall hear all cases brought before it.
(c)
If at
a hearing, a finding is made that the owner or occupant is in violation
of the article, a resolution may be entered, directing the city attorney
to proceed with the enforcement of the article, including the filing
of a complaint in the municipal court against any owner or occupant
found in violation, and any action deemed necessary to remove and
abate such nuisance.
(Ordinance 404 adopted 12/10/91)
(a)
The
chief of police is herein designated as the city officer who shall
have full responsibility for administration of the article, along
with the city’s regularly salaried full time employees, except
that the removal of junked motor vehicles from the property may be
by any duly authorized person acting under the direction of such city
officer.
(b)
The
city official as herein defined or any duly authorized person, with
proper order issued out of the municipal court, may enter upon private
property for the purposes specified in this article to examine motor
vehicles or part thereof, obtain information as to their identity
of motor vehicles, and remove or cause the removal of a motor vehicle
or part thereof declared to be a nuisance pursuant to this article.
(Ordinance 404 adopted 12/10/91)
In addition to having jurisdiction as set out in Article V.T.C.A.,
Government Code 29.002, the municipal court shall have full power
to issue all orders deemed necessary to enforce any and all provisions
of this article, including but not limited to issuance of search warrants,
orders authorizing the city official to enter upon and remove and
dispose of or impound any junked vehicle or part thereof.
(Ordinance 404 adopted 12/10/91)
(a)
If within
(10) days of receipt of notice from the city official as herein defined
or any duly authorized person, to abate or remove a nuisance, the
owner or occupant of the premises shall give his written permission
to the city official as herein defined or any duly authorized person
for removal of the junked motor vehicle from the premises, the giving
of such permissions shall be considered compliance with the provisions
of this article.
(b)
In the event that an owner or occupant does not request a public hearing after notification, or in the event the return of an undelivered notice, as set out in Section 8.303 of the article, then an order may be issued by the municipal court authorizing such nuisance to be abated, or authorizing the city official to enter upon the property of the owner or occupant and remove such junked vehicles or part thereof.
(Ordinance 404 adopted 12/10/91)
(a)
In no
event will a junked motor vehicle be reconstructed or made operable.
(b)
The
city official as herein defined or any duly authorized person shall
give notice to the Texas Highway Department within five (5) days after
the date of removal and identify the vehicle or part thereof.
(c)
Within
ten 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 chief of police of
the City of Seminole, or members of the police department of the City
of Seminole, acting under the direction of the chief of police, may
if said nuisance has not been abated, remove or cause to be removed
the vehicle or part thereof to a suitable city storage area designated
by the administrator/secretary of the City of Seminole, Texas. Such
vehicle shall be stored in such storage area for a period of not less
than ten (10) days during which period any party owning or claiming
any right, title or interest therein shall be entitled to claim possession
of same by the payment to the City of Seminole, Texas, the actual
cost of the city of abating such nuisance. The chief of police may
in such cases, if he deems it necessary, require such person to post
bond of not more than $50.00 nor less than $25.00, conditioned that
such person will not use said vehicle to create another nuisance in
the City of Seminole.
(d)
When any junked vehicle has remained in the storage area provided in subsection (c) hereof, for more than ten days, it shall be the duty of the chief of police of the City of Seminole, Texas, to dispose of same by removal to a scrap yard or by sale to a demolisher for the highest bid or offer received therefor or to remove same to any suitable site operated for processing as scrap or salvage.
(e)
Out
of the proceeds of same the chief of police shall pay for the cost
of removal and storage and the balance, if any shall be paid to the
person entitled thereto (either owner or lienholder).
(f)
If there
is not a bid or offer for the junked vehicle, the chief of police
may dispose of same by causing it to be demolished or removed to a
place provided by the city council, or by permitting it to be removed
by a demolisher who is willing to do so for the benefit of the junk
or parts he can salvage.
(Ordinance 404 adopted 12/10/91)
Any person, firm or corporation that violates the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision in Section 1.109 of this code. Continuing or repeated violations shall be deemed as separate violations. Each violation shall be punishable as a separate offense.
(Ordinance 404 adopted 12/10/91)
