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Ord 2294 1/9/1967 ORDINANCE NO. AN ORDINANCE MAKING IT UNLAWFUL TO LEAVE OR PERMIT TO REMAIN • UPON ANY LOT, TRACT OF LAND OR ANY PUBLIC STREET OR ALLEY A WRECKED, DAMAGED OR DEMOLISHED OR DISABLED MOTOR VEHICLE, OR PARTS OR PORTIONS THEREOF FOR A PERIOD OF TIME EXCEEDING THIRTY (30) DAYS AND DECLARING TIME LEAVING OF A MOTOR VEHICLE, PART OR PORTION THEREOF THAT IS WRECKED, DAMAGED, OR DEMOLISHED TO BE A PUBLIC NUISANCE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WELFARE AND PROPERTY OF THE INHABITANTS OF THE CITY OF WICHITA FALLS AND PROVIDING FOR ABATEMENT OF SUCH NUISANCE AND A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR FAILURE TO COMPLY WITH THE PROVISIONS SET OUT IN THIS ORDINANCE. WHEREAS, the Board of Aldermen of the City of Wichita Falls has found that a large number of delapidated, wrecked, damaged, dis- abled and inoperative automobiles, trucks and other motor vehicles and parts thereof are parked, left standing, stored or abandoned upon vacant lots, tracts of land or upon the public streets and alleys in the City of Wichita Falls; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls is of the opinion that such delapidated, wrecked and disabled motor vehicles tend to interfere with the enjoyment of and reduce the value of public and private property; invite plundering; create and afford a nesting and breeding place for mosquitoes, flies, vermin, rats and rodents; create, extend and aggravate urban blight; and, WHEREAS, adequate protection of the public health, safety, and welfare requires that such conditions be regulated, abated or pro- hibited; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: SECTION 1. It shall be unlawful to park or store or to permit the parking or storing of any motor vehicle or part(s) thereof, which is in a wrecked, junked, partially dismantled, inoperative or abandoned . condition, upon any private property or public street or alley within the city limits of the City of Wichita Falls for a period of time in excess of thirty (30) days unless such vehicle or part(s) thereof is completely enclosed within a building, or is stored in connection with a bona fide auto wrecking yard business lawfully established with the • City of Wichita Falls. SECTION 2. The accumulation and storage of one or more such vehicle orpart (q thereof as defined above shall constitute a nuisance detrimental to the health, safety, and welfare of the inhabitants of the City of Wichita Falls. SECTION S. Whenever the City Fire Marshal , City Health Officer, and/or a member of the City Police Department shall be of the opinion that any motor vehicle or part(s) thereof as defined above is a nuisance as defined herein, such official shall thereupon cause written notice be served by registered mail or by personal service on the owner of the vehicle if he can be located, or if he cannot be located, on the person in custody of such motor vehicle, or part(s) thereof. Such notice shall state that such motor vehicle or part(s) thereof, is deemed to be a nuisance and further state that such nui- sance will be abated within ten (10) days from receipt of such notice. SECTION 4. If after notice is given as provided in Sec- tion 3 of this ordinance, the motor vehicle or part(s) thereof are not removed within ten (10) days, said motor vehicle is hereby declared to be abandoned property and the City Fire Marshal, City Health Officer, or City Police shall remove or cause to be removed such vehicles or part(s) thereof to a suitable City storage area designated by the City Manager. Such motor vehicles, or part(s) thereof, shall be stored for a period o, at least sixty days and the owner thereof shall be entitled to redeem same by payment to the City of actual costs for removal and reasonable storage of such vehicle or part(s) thereof, and in the event that such motor vehicle or p :rt(s) thereof is unclaimed, the City Purchasing Agent shall sell ,,e vehicle or part(s) thereof in accordance with the code of ordin- ances of the City of Wichita Falls, Texas. SECTION S. Any person, firm or corporation violatng any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and each shall he deemed guilty of a separate offense for each day or portion, thereof, during which any violation hereof is committed, continued or permitted, and upon conviction, any such violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 6. This ordinance shall not repeal any prior ordinances Which govern parking, standing, storing or abandoning of motor vehicles on public streets and alleys. PASSED AND APPROVED THE (,' h day of , 1967. `y or ATTEST: City Clerk Affidavit of Publication THE STATE, OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) aRDi�taNC� No; 2294 On h is 2 7th . day of . January API ditDtlzlfiNCE Wfoltet.IT UNLAW- FUL TO LEAVE OR PE'RMIT TO RE- MAIN UPON ANY -LOT, TRACT OF A.D. 1967 . personally appeared before me, the undersigned authority LAND OR ANY PUBLIC STREET OR ALLEY A WRECKED, DAMAGED OR DEMOLISHED OR DISABLED MOTOR Katherine Parrish , bookkeeper VEHICLE, OR PARTS OR PORTIONS THEREOF FOR A PERIOD OF TIME EXCEEDING THIRTY (30) DAYS AND, DECLARING THE LEAVING OF A for the Times Publishing Company of Wichita. Falls, publishers of the MOTOR VEHICLE, PART OR PORTION g p y p THEREOF THAT IS WRECKED, DAM- AGED, OR DEMOLISHED TO BE A Wichita Falls Record News, a newspaper published at Wichita Falls in PUBLIC NUISANCE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WEL- FARE AND PROPERTY OF THE IN- Wichita County, Texas, and upon being duly sworn by me, on oath states HABITANTS OF THE CITY OF WICH-i, ITA FALLS AND PROVIDING FOR, ABATEMENT OF SUCH NUISANCE; that the attached,advertisement is a true and correct copy of advertising AND A FINE NOT TO EXCEED TWO' HUNDRED DOLLARS ($200.00) FOR (FAILURE TO COMPLY WITH THE, 1 \ One PROVISIONS SET OUT IN THIS ORDI-i published in..-.-.,� issues thereof on thefollowing NANCE. WHEREAS, the Board of Aldermen of i dates: the City of Wichita Falls has found that a large number of delapidated, wrecked,I 1-26.67 damaged, disabled and inoperative auto-1 mobiles, trucks and other motor vehicles and parts thereof ere parked, left stand-i log, shored or abandoned upon vacant lots, tracts of land or upon the public streets and alleys In the City of Wichita Fans) and, Bookkeeper for Times Publishing Company the Board of Aldermen of g om p an y the City of Wichita Falls is of the opinion of Wichita Falls Mat such delapidated, wrecked and dis- abled motor vehicles tend to Interfere with the enloyment of and reduce the of public and private property) In- Subscribed and sworn to before me this the day and year first above vice plundering; create and afford a nest- ing and 'breeding place for 'mosquitoes, L) written,. flies, vermin, rats and rodents; create, extend and aggravate urban blight; and, WHEREAS, adequate protection of the public health, safety, and welfare re- quires that such conditions be regulated, abated or prohibited; ♦ a""'--r:`z-'` -'_ - /- - `'`" "�-'`'✓ ". e• NOW, THEREFORE, BE IT OR- DAINED BY THE BOARD OF ALDER- MEN OF THE CITY OF WICHITA • FALLS:SECTION 1. It shall be unlawful to' storage of such vehicle or part(s) there park or store or to permit the parking there- or storing of any motor vehicle or part(s) of, and in the event that such motor Thereof, which Is in a wrecked, lunked," vehicle or part(s) thereof Is unclaimed, partially dismantled, Inoperative or aban- the City Purchasing Agent shall sell the Boned condition, upon any private prop-, vehicle or part(s) thereof in accordance erfy or public street or alley within the; with the code of ordinances of the City of city limits of The City of Wichita Falls; ' Wichita Falls, Texas. for a period of time in excess of thirty j SECTION 5. Any person, firm or cor- (30) days unless such vehicle or part(s) poration violating any of the provisions Thereof Is completely enclosed within aj of this ordinance shall be deemed guilty building, or Is stored In connection with of a misdemeanor, and each shall be a bona fide auto wrecking yard business! deemed guilty of a separate offense for lawfully established with the City of each day or portion, thereof, during Wichita Falls. .. which any violation hereof is committed, SECTION. 2. The accumulation and' continued or permitted, and upon con- storage of r lshable by a fine not to exceed Two or more such vehicle ors viction, any such violaton shall be pun- parts) thereof as defined above shall Hundred Dollars (5200.00). constitute a nuisance detrimental to the SECTION 6. This ordinance shall not health, safety and welfare of the Inhabit- repeal any prior ordinances which govern ants of the City of Wichita Falls. parking, standing, storing or abandoning SECTION 3. Whenever tbie City Fire of motor vehicles on public streets and 'Marshal, City Health Officer, and-or a elleys. member of the City Police Department PASSED AND APPROVED THE SO shall be of the opinion that any motor day of January, 1967. s-R. C. Ranvier, vehicle or part(s) thereof as defined Mayor; attest: Wilma J. Thomas, City above is a nuisance as defined herein, Clerk. such official shall thereupon cause writ- --- — — ten notice be served by registered mall or by personal service on the owner of the vehicle if he can be located, or If he cannot be located, on the person In cus- tody of such motor vehicle, or part(s) thereof. Such notice shall state that such l motor vehicle or part(s) thereof, is deemed to be a nuisance and further state that such nuisance will be abated within ten (10) days from receipt of such notice. SECTION 4. If after notice is given as provided In Section 3 of this ordinance, the motor vehicle or part(s) thereof are • not removed within ten (10) days, said motor vehicle Is hereby declared to be abandoned property and the City Fire Marshal, City Health Officer, or City Police shall remove or cause to be re- moved such vehicles or part(s) thereof to a suitable City storage area designated by the City Manager. Such motor ve- hicles, or part(s) thereof, shall be stored for a period of at least sixty days and the owner thereof shall be entitled to re- deem same,by payment to the City of actual costs for removal end reasonable