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Ord 3758 1/27/1981 ORDINANCE NO. jJf-Y ORDINANCE PROVIDING FOR A MOTOR VEHICLE JUNK YARD COMMISSION; REGULATING MOTOR VEHICLE JUNK YARDS; SETTING DEFINITIONS; APPLICATION PROCEDURES FOR LICENSING; BONDS; INSPECTION; CONSTRUCTION AND MAINTENANCE; AMORTIZATION; LICENSE FEES; TERMINATION AND TRANSFER OF LICENSE; REQUIRING ENCLOSURES; PROCEDURES FOR SUSPENSION OR REVOCATION OR LICENSE; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND CUMULATIVE OF ALL OTHER REGULATIONS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Motor Vehicle Junk Yard Commission is hereby created which shall hold public hearings and make decisions as to whether or not an applicant for a junk yard license is to be licensed based upon the staff reports and a public hearing. A) The Commission shall be composed of three members and three alternates, appointed by the Board of Aldermen to serve without compensation. Each member and alternate shall be appointed to serve a one year term and shall not be appointed as a member or alternate more than five terms. A member and alternate shall be appointed from the then present membership of the Planning Board, City-County Health Department and the Clean Community Commission. B) Should any member of the Commission fail to serve his full term for any reason, the Board of Aldermen shall appoint a person to fill the unexpired term. The Board of Aldermen of the City of Wichita Falls, Texas may terminate or discharge any of the members of the Motor Vehicle Junk Yard Commission with or without cause. The Board of Aldermen shall appoint a person to fill the unexpired term. C) The Motor Vehicle Junk Yard Commission may propose such bylaws and rules governing its functions as it deems best; provided, however, that such rules and bylaws shall not be in conflict with the Constitution and Statutes of the State of Texas or the charter and ordinances of the City of Wichita Falls, Texas. The proposed bylaws and rules shall not be effective unless and until approved by the Board of Aldermen. SECTION 2. A motor vehicle junk yard or business is hereby defined as any business and any place of storage or deposit which displays two (2) or more vehicles as defined in 20-41, or used parts of vehicles, or old iron, metal, glass, paper, cordage or other waste or discarded or secondhand material which has been a part or was intended to be a part of any motor vehicle. SECTION 3. No motor vehicle junk yard or business shall be established, operated, or maintained within the corporate limits of the City of Wichita Falls, Texas, without complying with the terms and provisions of this ordinance as hereinafter set out, and without procuring a license as hereinafter re- quired. SECTION 4. Every applicant for a license as an owner or operator of a motor vehicle junk yard shall file with the City Clerk a written application, signed and sworn to by the applicant. Said application shall contain the following information: A) The name and residence of each applicant, if an individual or partnership; if a corporation, its name, principal place of business, and the address of each of its officers, to-wit: president, vice- president, secretary, treasurer and general manager. -2- B) The length of time each applicant, if a person or partnership, has resided in the City of Wichita Falls, Texas, the business or occupation pursued by him during the (5) years immediately preceding the date of such application, giving the place where such business or occupation was followed, whether he has ever been con- victed of a felony or of a misdemeanor, and if so, giving the nature of the offense and court in which such conviction was had. If applicant is a corporation, the application shall contain the same information with respect to each of its officials, president, vice-president, secretary, treasurer and general manager. C) The address and legal description of the place where such business is to be located or carried on. D) Each application shall contain a stipulation to the effect that the applicant accepts the license, if granted, upon the condition that it may be suspended for good cause at any time by the Director of Public Works provided, however, the applicant shall have the right to appeal and have a review before the City Manager or Assistant City Manager of the City and if either concur in the action of the Director of Public Works in suspending said license, his decision shall be final. E) Each application shall be accompanied by a bond in the penal sum of $5 ,000. 00 payable to the City of Wichita Falls, Texas, with at least two (2) good and sufficient sureties of sufficient collateral security, approved by the City Manager or his designee, conditioned that during the term of the license the applicant will duly observe all laws, ordinances, rules and regulations which are now in force or which may hereafter become applicable. The bond shall be further conditioned that said bond shall not be canceled or amended without fifteen (15) days actual written notice to the City Manager. Such bond may be sued on by the City or by any person aggrieved, in any court of competent jurisdiction; provided that, if any article or thing found in possession of or on the premises of -3- the operator or owner of such motor vehicle junk yard shall be identified and claimed as lost or stolen property and the claimant or owner shall make affidavit as to the owner- ship of the same, and such owner or operator refusing to deliver such property to the claimant or owner, may be sued by suit brought in any court of competent jurisdiction by such claimant or owner against such owner or operator for the property, or the value of same upon his bond; provided further, that where suit is maintained by some person other than the City, the City shall not be responsible for the court costs or any other matter therein involved. If at any time, the bond required herein shall be by the City Manager deemed insufficient, written notice thereof shall be given the principal therein, and if a new bond is not furnished within five days after such notice, the license shall be canceled. F) When such application has been made, the City Clerk shall at once report the same to the Chief of Police, City Health Officer, Fire Chief, and Director of Public Works. It shall thereupon become the duty of each of said city officials to inspect or cause to be inspected the place where the business is to be carried on, and to determine whether such place of business complies with all applicable laws, ordinances, rules, regulations and any restrictions as to the use of the property. The place where such business shall be so conducted and maintained shall be so constructed and maintained that such business may be carried on in a sanitary manner and that no fire hazard shall be contained thereon. Said place of business shall be so arranged that a proper inspection may be made at any time by the duly authorized health, fire, building, code enforcement and police authorities. G) After such application has been received the City Clerk shall also notify the Director of Planning as to the location of the lot or tract. The Director of Planning or his designee shall send a letter by regular mail -4- to the owners of all land located within 300 feet to the applicant' s lot or tract as shown on the tax office records of the City. SECTION 5. When an application and bond have been filed, the proper reports have been received, and the notice has been sent to the property owners at least ten (10) days before the hearing, the Motor Vehicle Junk Yard Commission will, at their next meeting, hold a public hearing. The Commission shall hear from those in favor of and those opposed to the applicant' s location who live within 300 feet, the applicant, and other citizens that the Commission may wish to hear speak. After the hearing, the Commission will vote whether or not to approve the applicant' s request for a license. Should the Commission decide favorably, a license shall be issued to the applicant to engage in the business of operating a motor vehicle junk yard after the payment has been made by him to the City of the license fee hereinafter required. In the event the application for a license provided in this section is refused , the applicant shall have the right to request review by the City Manager or Assistant City Manager. The request shall be made in writing within ten (10) working days after determination by the Commission, and not thereafter. Such request shall' be addressed to the City Clerk. SECTION 6. Should the Commission' s decision disapproving a license request be correct, the Commission shall hold a meeting in which a decision is made on the length of amortization to be allowed. Their decision as to time shall be based on input at the original public hearing and other matters concern- ing value based on applicant's reasonable opportunity to recoup or recover his investment in the structures. In no event, shall -5- F such amortization period exceed ten (10) years. SECTION 7. Each owner or operator of a motor vehicle junk yard shall pay an annual license fee of $100. 00 to the office of the City Clerk. No license shall be issued for a period of more than one year, and all licenses shall terminate on the last day of December of the year issued, unless sooner revoked or suspended as provided for herein. No license issued shall be transferable to any other owner or operator. Said license shall be prominently displayed in the office of the junk yard. In the event a license is lost or destroyed, it shall be the duty of the City Clerk to issue a duplicate thereof in lieu of the original license upon the filing of an affidavit setting forth the circumstances surrounding the loss or the destruction of said license and upon the payment of a fee of $5. 00. SECTION 8 . It shall hereafter be unlawful for any person, firm or corporation to establish, operate or maintain a motor vehicle junk yard without procuring a license therefor, and each day such motor vehicle junk yard is in operation without said license shall constitute a separate offense. SECTION 9. Each motor vehicle junk yard, other than a building where such business is carried on, shall be enclosed by a solid fence or other similar structure not less than six feet in height, and that -6- said fence or structure shall block vision. Said enclosure shall be maintained in good conditions at all times. SECTION 10. (A) Each motor vehicle junk yard shall place each vehicle and the parts thereto in such a manner as will allow access to each individual vehicle and shall maintain such access not less than 14 feet wide. Vehicles shall not be placed on top of one another and shall be placed as near as possible in the normal driving or upright position. (B) The burning of any vehicle or portion thereof in a motor vehicle junk yard is prohibited. SECTION 11. (A) Notice in writing requesting the suspension or revocation of any license may be given by the Director of Public Works or his designee to the license holder. Mailing of such notice to license holders business address on file with the City Clerk shall constitute sufficient notice. A request for review concerning the suspension or revocation before the City Manager or Assistant City Manager shall be made in writing within ten (10) working days of such notice requesting suspension or revocation and not thereafter. Notice of hearing, administrative action which may be taken, and the reasons for -7- requesting suspension or revocation of the license shall be given to the license holder ten (10) calendar days prior to the hearing, unless an earlier hearing is requested in the notice of appeal and so allowed. (B) If no request for a hearing is timely received, the suspension or revocation requested shall automatically become effective. A revocation of the license shall terminate all authority and permission heretofore granted. A suspension of the license shall terminate all authority and permission to operate during the term of the suspension. (C) If the City Manager or Assistant City Manager conducts a review concerning disapproval of a license or amortization schedule, or the suspension or revocation of a license, he shall have authority, based on the facts brought out, to approve the decision, reverse and vacate the decision, or modify a suspension or revocation requested, in his official ruling. SECTION 12 . This article shall be administered by regularly salaried, full-time employees of the City, except that the removal of vehicles or parts from property may be by any other person authorized by the City Manager or his designee. -8- SECTION 13. Any person violating any of the provisions of this ordinance or who, having had his license suspended or revoked, continues such business as a motor vehicle junk yard during the suspension or after revocation, shall upon conviction, be deemed guilty of a misdemeanor and fined in any amount not to exceed $200. 00. Each day during which any violation of this ordinance occurs shall constitute a separate offense. In addition to the penalties imposed hereinabove, upon conviction, the offender' s license issued as such motor vehicle junk yard owner or operator shall be canceled, and his bond shall be forfeited. In the event of such forfeiture, the amount due upon said bond may be recovered in any ordinary civil action. SECTION 14 . This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Wichita Falls, Texas, and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance in which instance or instances those provisions shall be and they are hereby repealed. SECTION 15. It is hereby declared to be the intention of the Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this article are severable, and if an y phrase, clause, sentence, paragraph or section of this -9- article shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this article since the same would have been enacted by the Board of Aldermen without the incorporation in this article of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 16. No prosecution shall be commenced as a result of this ordinance for a period of one hundred and twenty (120) days from passage. r PASSED AND APPROVED this the 00W/day of ,yc-t.cA. , 1981. ATTEST: /11:0,2".12Z;V-44-Q A �R 1 City Clerk -10- Affidavit of Publication THE STATE OF TEXAS ORDINANCE NO.3758 COUNTY OF WICHITA ORDINANCE PROVIDING FOR A MOTOR VEHICLE (Pa JUNK YARD COMMISSION: REGULATING MOTOR VEHICLE JUNK YARDS; 16th February SETTING DEFINITIONS: On this day of APPLICATION PROCEDURES FOR LICENSING; BONDS; CONSTRUCTION N AND A.D .19$1 personally appeared before me,the undersigned authority M A I N T E N A N C E ': AMORTIZATION; LICENSE FEES; TERMINATION AND Myra G h o I son bookkeeper TRANSFER OF LICENSE; REQUIRING ENCLOSURES; S PROCEDURES S PE o NF o for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls REVOCATION OR LICENSE; PROVIDING A PENALTY FOR Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and THE VIOLATION THEREOF; AND CUMULATIVE OF ALL OTHER REGULATIONS. upon being duly sworn by me,on oath states that the attached,advertisement is a true Anyone violating this ordinance n e ( 1) will be siubiect to a fine not to issues exceed$200.00 per violation. and correct copy of advertising published in ORDINANCE NO.3756 ORDINANCE AMENDING thereof on the following dates: SECTION 20-41, 20-42, 20-43, 20-44 AND 2.0-51 AND DELETING SECTION 20-46 February 149 1981 AND 20-47 OF THE CODE OF ORDINANCES PROVIDING FOR A NEW DEFINITION OF "JUNKED VEHICLE",� (� r �\ ADDING CERTAIN' �r EXEMPTIONS: PROVIDING FOR HEARING; PROVIDING Bookkeeper for Times Publishing Company A PENALTY, PROVIDING FOR ABATEMENT OF THE of Wichita Falls NUISANCE; AND PROVIDING ti A PENALTY FOR THE 63, VIOLATION THEREOF. Anyone violating this ordinance Subscribed and sworn to before me this the day and year first above written. -0 will be subject to a fine not to I exceed$200.00 per violation. ORDINANCE NO. 3764 ! 1 ( ORDINANCE AMENDING �� NG _ SECTION 17-14 OF F THE HE CODE ' OF ORDINANCES ESTABLISHING A FEE FOR D I S P O S A L O F ACCUMULATIONS OF ROCK, t:gERL�IN, Notary PubXijB O WASTE, BUILDING DEBRIS AND OTHER TRASH ; lri and for Wichita Ca isi I, SETTING FEES; AND PAT C P R O V I D I N G F O R nyy EXC,EPTIONS DURING CERTAIN C L E A N U P CAMPAIGNS; PROVIDING F O R R U L E S A N D REGULATIONS; AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. Anyone violating this ordinance will be subject to a fine not to exceed$200.00. ORDINANCE NO. 3761 ORDINANCE AMENDING SECTION 18-48 (a) OF THE CODE OF ORDINANCES,1 REQUIRING A NOTICE TO BE GIVEN, RESULTS FROMI FAILURE TO ABATE, AND1 SETTING A SCHEDULE OF COSTS FOR ABATEMENT. ORDINANCE NO. 3757 ORDINANCE AMENDING SECTION 29-29 OF THE CODE O F ORDINANCES ; AUTHORIZING THE POLICE DEPARTMENT OR MEMBERS THEREOF TO IMPOUND CERTAIN VEHICLES; PROVIDING, NOTICE TO BE GIVEN TO THE REGISTERED O W N E R BY M A I L I F P O S S I B L E O R B Y PUBLICATION ; AND, D E C L A R I N G A N EMERGENCY..