Ord 3756 1/27/1981 ORDINANCE NO. P/,!O
ORDINANCE AMENDING SECTION 20-41, 20-42 ,
20-43, 20-44 AND 20-51_AND DELFTTma SECTION
20-4 and 20-47 OF THE CODE OF UXWINANCES
PROVIDING FOR A NEW DEFINITION OF "JUNKED
VEHICLE" , ADDING CERTAIN EXEMPTIONS: PROVID-
ING FOR HEARING; PROVIDING A PENALTY,
PROVIDING FOR ABATEMENT OF THE NUISANCE;
AND PROVIDING A PENALTY FOR THE VIOLATION
THEREOF.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 20-41 , of the Code of Ordinance is
hereby amended to read as follows:
"For the purposes of this article , the following words
shall have the meanings hereinafter given:
(a) Junked Vehicle: Means any motor vehicle as defined
in Section 1 of Article 6701d--11 , Vernon' s Texas Civil
Statutes , as amended, which:
(1) Is inoperative and which does not have
lawfully affixed thereto both an unexpired license plate or
plates and a valid motor vehicle safety inspection certificate
and which is wrecked; dismantled; partially dismantled; or
discarded; or
(2) Remains inoperable for a continuous period
of more than 120 days.
(b) Person: Any individual , firm partnership,
association, corporation, company or organization of any kind.
(c) Demolisher: Any person whose business is to convert
a motor vehicle into processed scrap or scrap metal, or other-
wise to wreck or dismantle motor vehicles. "
(d) "Storage Facility" means a garage, parking lot, or
any type of facility or establishment for the servicing,
repairing, storing, or parking of motor vehicles.
(e) "Antique auto" means passenger cars or trucks that
were manufactured in 1925 or before, or which become 35 or
more years old.
(f) "Special interest vehicle" 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, in being preserved by hobbyists.
(g) "Collector" 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.
SECTION 2 . Section 20-42 of the Code of Ordinances is
hereby amended by adding Paragraph C, which shall read as
follows:
" (c) Unlicensed, operable or inoperable antique, and
special interest vehicles stored by a collector on his property,
provided that the vehicles and the outdoor storage areas are
maintained in such a manner that they do not constitute a
health hazard; and are screened from ordinary public view by
means of a solid six foot high fence, rapidly growing trees,
shrubbery or other appropriate means. "
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SECTION 3. Section 20-43 of the Code of Ordinances is
hereby amended to read as follows:
" (a) Whenever any such public nuisance exists on
private property in violation of Section 20-42 , the Director
of Public Works or his designee shall order the owner of the
premises, if in possession thereof, or the occupant of the
premises on which such nuisance exists, to remove and abate
the same within ten (10) days after service of such notice.
Such order shall be in writing, and shall state the nature of
the public nuisance and its location. The order shall further
state that, if the owner or occupant desires a public hearing
prior to the removal of such vehicle or part thereof as a
public nuisance, a request for such a hearing must be made,
either in person or in writing, before the expiration of
said ten (10) day period to the City Clerk. Such order
shall be served upon the owner of the premises or the occu-
pant by serving him personally or by sending said order by
certified or registered mail with a five (5) day return
requested. If the notice is returned undelivered by the
United States Post Office, official action to abate said
nuisance shall be continued to a date not less than ten (10)
days from the date of such return.
(b) Whenver any such public nuisance exists on
public property or on a public right-of-way in violation of
Section 20-42 , the Chief of Police or his designee shall
order the owner or occupant of the premises adjacent to the
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public right-of-way whereupon such public nuisance exists,
to remove and abate the same within ten (10) days after
service of such notice. Such order shall be in writing,
and shall state the nature of the public nuisance and its
location. The order shall further state that, if the owner
or occupant desires a public hearing prior to the removal
of such vehicle or part thereof as a public nuisance, a
request for such a hearing must be made, either in person
or in writing, before the expiration of said ten (10) day
period to the City Clerk. Such order shall be served upon
the owner of the premises or the occupant by serving him
personally or by sending said order by certified or registered
mail with a five (5) day return requested. If the notice is
returned undelivered by the United States Post Office,
official action to abate said nuisance shall be continued
to a date not less than ten (10) days from the date of such
return.
(c) When such a hearing as provided for in this section
is requested by the owner or occupant of the public or private
premises or by the owner or occupant of the premises adjacent
to the public right-of-way on which said vehicle is located,
the hearing shall be held within twenty (20) days after
service of notice to abate the nuisance. The applicant
requesting the hearing will be notified at least three days
in advance, unless waived by applicant. Any order requiring
the removal of a vehicle or part thereof shall include a des-
cription of the vehicle, and the correct identification number
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and license number of the vehicle, if available at the site.
(d) The hearing held in compliance with this ordinance
shall be before the City Manager or Assistant City Manager.
After the close of the hearing, the City Manager or Assistant
City Manager shall find either that no public nuisance exists
or that a public nuisance does exist and requires abatement.
(e) Provided, however, should a hearing be properly and
timely requested, it shall be an affirmative defense to said
action that, (1) a vehicle 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,
(2) a vehicle or part thereof which is stored or parked in a
lawful manner on private property in connection with the
business of a licensed vehicle dealer or a licensed motor
vehicle junkyard or (3) unlicensed, operable or inoperable
antique and special interest vehicles stored by a collector
on his property, provided that the vehicles and the outdoor
storage areas are maintained in such a manner that they do
not constitute a health hazard and are screened from ordinary
public view by means of a solid six foot high fence, rapidly
growing evergreen trees or shrubbery, or other appropriate
means.
SECTION 4 . Section 20-44 of the Code of Ordinances is
hereby amended to read as follows :
" (a) If the nuisance is not removed and abated, and a
hearing is not requested within the ten (10) day period pro-
vided in Sections 20-43, then a complaint shall be
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filed by the City Attorney or his deputy in the appropriate
Court, for maintaining a public nuisance. If a person is
found guilty of maintaining a public nuisance as defined in
Section 20-42 , such person shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed
two hundred dollars ($200) , and each day such violation
continues shall constitute a separate offense. The Court
shall, upon conviction, also order the removal and abatement
of the nuisance.
(b) The order whether by the Court, City Manager or
Assistant City Manager shall further provide that, if the
defendant shall fail or refuse, within ten (10) days of said
order to remove and abate the nuisance, either the Chief of
Police or the Director of Public Works, as appropriate, shall
be directed to have the same removed; and either the Chief of
Police or the Director of Public Works , as appropriate, or
their duly authorized representatives, or any other person
duly authorized by the Board of Aldermen shall take possession
of such junked motor vehicle and remove it from the premises,
and shall thereafter dispose of it in accordance with the
provisions of Section 20-51 of this Article. Such order
shall include a description of the vehicle, the correct
identification number and license number of the vehicle, if
available at the site" .
SECTION 5. Section 20-51 of the Code of Ordinances is
hereby amended to read as follows:
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" (a) The Director of Public Works or his designee may enter
upon private property for any of the following reasons: to
examine vehicles or parts thereof, to obtain information as
to the idenity of vehicles or to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant
to this article.
(b) Such junked vehicle or parts thereof shall, after
the ten (10) day period be disposed of by removal to a scrap
yard, demolisher, or any suitable site operated by the City
for processing as scrap or salvage. After a motor vehicle has
been declared a public nuisance, it shall not be reconstructed
or made operable.
(c) The City may operate such a disposal site when the
Board of Aldermen determines that commercial channels of
disposition are not available or are inadequate, and the City
may make final disposition of such vehicles or parts, or the
City may transfer such vehicles or parts to any other person,
firm or corporation subject to, however, a provision that
such vehicles shall not be reconstruced or made operable. "
SECTION 6. Section 20-46 and Section 20-47 are hereby
deleted in their entirety, but the numbers are reserved for
future expansion.
PASSED AND APPROVED this theA2Ykday of ik4-tee.e.e-c.ce
1981. •
M A Y O R
ATTEST:
c;/-Z
City Clerk
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Affidavit of Publication
THE STATE OF TEXAS
ORDINANCE NO.3758 COUNTY OF WICHITA
ORDINANCE PROVIDING
FOR A MOTOR VEHICLE
(Pa JUNK YARD COMMISSION: i
REGULATING MOTOR
VEHICLE
SETTING DEFINITIONS: On this 16th day of February
APPLICATION PROCEDURES
FOR LICENSING; BONDS;
CONSTRUCTION AND A.D .1981 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 ! son bookkeeper
TRANSFER OF LICENSE;
REQUIRING ENCLOSURES;
PROCEDURES PE SR O N OR 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
will be siubiect to a fie not to 0 n e ( 1)
exceed$200.00 per violation. and correct copy of advertising published in issues
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 141 1981
AND 20-47 OF THE CODE OF
ORDINANCES PROVIDING
FOR A NEW DEFINITION OF
"JUNKED VEHICLE",I
A D D I N G CERTAIN \�'� � C� � �t��rJ`\LIZ.)
EXEMPTIONS: PROVIDING
FOR HEARING; PROVIDING Bookkeeper for Times Publishing Company
A PENALTY, PROVIDING
FOR ABATEMENT OF THE of Wichita Falls
NUISANCE; AND PROVIDING
A PENALTY FOR THE
Anyone e ATION v o ati gEth 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 5200.00 per violation.
ORDINANCE NO.3764
ORDINANCE AMHNCIE � _ /e''L '
SECTION 17-14 OF THE CODE
' O F O R D I N A N C E S
ESTABLISHING A FEE FOR
D I S P O S A L O F
ACCUMULATIONS OF ROCK,
WASTE, BUILDING DEBRIS
AND OTHER TRASH;
SETTING FEES; AND
P ROVIDING F O R
EXCEPTIONS- DURING
piri a nCd g pf8r RLiAIh
NoOtary 9Pulbelxia c
'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 subiect to a fine not to
exceed 3200.00.
ORDINANCE NO. 3761
ORDINANCE AMENDING
SECTION 18-48 (a) OF THE
CODE OF ORDINANCES,,
REQUIRING A NOTICE TO BE
GIVEN, RESULTS FROM
FAILURE TO ABATE, AND,
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.