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82-03 O - Removal of Abandoned and Junked Vehicles r ORDINANCE NO. 411, AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, DECLARING ABANDONED AND JUNKED VEHICLES AS A PUBLIC NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROCEDURES FOR ABATEMENT OF THE NUISANCE OF JUNKED AND ABANDONED VEHICLES; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR A PENALTY OF THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION I: DEFINITIONS 1 . 1 "Police department" means the police department of the Town of Prosper, Texas, or any other legally constituted law Coo enforcement agency of Collin County, Texas, acting under the general police power authority as vested in such department by its respective governing body, including the Sheriff' s Department of Collin County, Texas. 1 . 2 "Abandoned motor vehicle" means a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 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 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 48 hours or in excess of 12 hours on any turnpike project constructed and maintained by the Texas Turnpike Authority. 1 . 3 "Demolisher" means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. 41, 1 . 4 "Garagekeeper" 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. 1 . 5 "Junked vehicle" means any motor vehicle as defined in Section 1 of Article 827a, Vernon' s Texas Penal Code, as amended, which 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. 1 . 6 "Storage facility" means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles. 1 . 7 "Motor vehicle" means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act. 1 . 8 "Antique auto" means passenger cars or trucks that were manufactured in 1925 or before, or which become 35 or more years 400 old. i 1 . 9 "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, is being preserved by hobbyists. 1. 10 "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 II: DECLARATION OF NUISANCE All abandoned motor vehicles and all junked motor vehicles within the Town of Prosper, Texas, in prohibited locations are declared to be public nuisances and shall be abated in conformity with this ordinance. SECTION III: PROHIBITED LOCATIONS Junked vehicles shall not be located in any place where they 4110 are visible from a public place or public right-of-way. SECTION IV: AUTHORITY TO TAKE POSSESSION A police department may take into custody any abandoned motor vehicle found on public or private property. In such connection, a police department may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing abandoned motor vehicles. SECTION V: NOTIFICATION OF OWNER AND LIEN HOLDERS 5. 1 A police department which takes into custody an abandoned motor vehicle shall notify within ten (10) days thereof, by registered or certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lien holders of record pursuant to the Certificate of 460 Title Act, as amended (Article 1436-1 , Vernon ' s Texas Penal Code) , that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle within 20 days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeepers charges if notice is pursuant to the provisions of Section VII of this Article dealing with garagekeepers and abandoned vehicles. Further, the said notice shall state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. 5. 2 If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable • certainty the identity and addresses of all lien holders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to 2 meet all requirements of notice pursuant to this Article. Such notice by publication can contain multiple listings of abandoned 411, vehicles. Any such notice shall be within the time requirements prescribed for notice by registered or certified mail and shall have the same contents required for a notice by registered or certified mail. 5. 3 The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section. SECTION VI: AUCTION OF ABANDONED MOTOR VEHICLES If an abandoned motor vehicle has not been reclaimed as provided for in Section V of this Article , the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeepers lien, the garagekeeper shall be notified of the time and place of such auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department and shall be entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to Section V of this Article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days, and then shall be deposited in a special fund which shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs. SECTION VII : GARAGEKEEPERS AND ABANDONED MOTOR VEHICLES Any motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice by registered or certified mail, return receipt requested, to the owner to pick up the vehicle (if such notice is returned by the post office unclaimed, notice by one publication in one newspaper of general circulation in the area where the vehicle was left in such storage facility shall constitute notification) , or for more than ten (10) days after the period when, pursuant to contract, the vehicle was to remain on the premises of such storage facility, and any motor vehicle left for more than (10) days in such storage facility by someone other than the registered owner or left by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair, shall be deemed an abandoned vehicle, and shall be reported by the garagekeeper to the police department. Any garagekeeper who fails to report the possession of such a vehicle within ten (10) days after it becomes abandoned within the meaning of this section shall no longer have any claim for storage of the vehicle. The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle deemed abandoned under the provisions of this section shall follow the notification procedures set forth in Section V of this Article, except that custody of the vehicle shall remain with the garagekeeper until after the notification requirements have been 441. complied with. A fee of $2 shall accompany the report of the garagekeeper to the police department. The $2 fee shall be • 3 retained by the police department receiving the report and used to defray the cost of notification or other cost incurred in the disposition of abandoned motor vehicles, and where the Texas 41.0 Department of Public Safety is the "police department" this fee shall be deposited in the state treasury and shall be used to defray the cost of administering this Act. All abandoned vehicles left in storage facilities which are not reclaimed after such notice in accordance with procedures set forth in Section V of this Article shall be taken into custody by the police department and sold in accordance with the procedure set forth in Section V of this Article. The proceeds of a sale under the provisions of this Section shall first be applied to the garagekeeper' s charges for servicing, storage and repair; provided, however, that as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction the police department shall retain an amount of two percent (2%) of the gross proceeds of the sale of each vehicle auctioned, but in case such percent of the gross proceeds shall be less than $10, the department shall retain the sum of $10 to defray expenses of custody and auction. Further, it is provided that when the Texas Department of Public Safety conducts the auction, the aforementioned compensation shall be deposited in the state treasury and shall be used to defray the expense incurred. Any surplus proceeds remaining from such auction shall be distributed in accordance with Section VII of this Article. Except for the termination of claim for storage for failure to report an abandoned motor vehicle, nothing is this section shall be construed to impair any lien of a garagekeeper under the laws of this State. SECTION VIII: JUNKED VEHICLES DECLARED A PUBLIC NUISANCE Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the City, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the State of Texas, and such vehicles are therefore, declared to be a public nuisance. SECTION IX: PROCEDURES FOR ABATING NUISANCE 9. 1 The police department shall give written notice stating the nature of the junked vehicle which creates a public nuisance on private property and that it must be removed and abated within ten (10) days and further that a request for a hearing must be made before expiration of said ten (10) day period, such notice to be mailed, by certified or registered mail with a 5-day return requested, to the owner or the occupant of the private premises whereupon such public nuisance exists. 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. If such junked vehicle is located on a public right-of-way, such notice shall be given to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists. 9. 2 After such vehicle has been removed, it shall not be reconstructed or made operable. 46, 9. 3 If requested within such ten (10) day period, a public 411, hearing shall be held prior to the removal of the vehicle or part thereof as a public nuisance , such hearing to be held before the Council of the Town of Prosper, Texas. Such hearing must be 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 such vehicle is located. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, and the correct identification number and license number of the vehicle, if available at the site. 9. 4 Notice shall be given to the Texas Highway Department within five (5) days after the date of removal of said vehicle, which notice shall identify the vehicle or part thereof. 9. 5 This ordinance shall not apply to (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 junkyard or (3)Cunlicensed, 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 fence, rapidly growing trees, shrubbery, or other appropriate means. 9. 6 A provision of this ordinance shall be administered by a regularly salaried, full-time employee of the Town of Prosper, Texas except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. 9. 7 Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolishers, or any suitable site operated by the Town of Prosper, Texas, for processing as scrap or salvage. SECTION X: AUTHORITY TO ENFORCE Any person authorized by the Town of Prosper to administer the provisions of this ordinance may enter upon private property for the purposes specified in this ordinance to examine vehicles or parts thereof, obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to the procedures set forth herein. The Municipal Court of the Town of Prosper, Texas, and the Justice of the Peace of the precinct in which the Town of Prosper is located shall have authority to issue all orders necessary to enforce such procedures of this ordinance. SECTION XI : Any person maintaining an abandoned motor vehicle or junked motor vehicle on private property or on a public right-of-way in the Town of Prosper shall be duly guilty of a misdemeanor and upon conviction therefor shall be fined any sum not in excess of $200. SECTION XII: PUBLICATION AND EFFECTIVE DATE The caption of this ordinance shall be published one time in a newspaper having general circulation in the Town of Prosper and shall be effective upon publication. • 5 r 4100 DULY PASSED AND APPROVED BY T E COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this the _ g day of C�?Y( 1/"Ai—ell/ ► 1982. if 4Ile-7 '41 Mayor / CORRECTLY ENROLLED: City Secre y