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1982-0306896A AN ORDINANCE AMENDING CHAPTER 14, ARTICLE II, DIVISION 2, SECTIONS 14-26 THROUGH 14-33 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, 1966 AS AMENDED, RELATING TO JUNKED VEHICLES, DECLARING SUCH VEHICLES TO BE A PUBLIC NUISANCE AND UNLAWFUL, PROVIDING PROCEDURES FOR ABATEMENT, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT TO EXCFED TWO HUNDRED DOLLARS ($200 00), AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION I That Chapter 14, Article II, Division 2 of the Code of Ordinances of the City of Denton, Texas is hereby amended by deleting the existing Sections 14-26 through ]4-33 inclusive, and substituting therefor new Sections 14-26 through 14-33 to said Code of Ordinances, which shall hereafter read as follows DIVISION 2 JUNKED VEHICLES Section 14-26 DEFINITIONS For the purposes of th~s Division, the following words shall have the meanings ascribed to them by this section 1 "Administrator" means the City Manager of the City of Denton, Texas or his designated representative 2 "Antique Motor Vehicle" means any passenger car or truck that was manufactured in 1925 or before, or which becomes 35 or more years old 3 "Board" means the Board of Adjustment of the City of Denton, Texas 4 "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 h~storlc interest 5 "Junked Motor Vehicle" means any motor vehicle as defined ~n Section I of Article 6701d-11, Vernon's Texas Civil Statutes, as amended, which (a) 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 one or more of the following wrecked, dismantled, partially dismantled, or discarded, or (b) remains inoperable for a continuous period of more than one hundred twenty (120) days 6 "Motor Vehicle" means a vehicle ag defined in Section 1 of Article 6701d-11, Vernon's Texas Civil Statutes, as amended 7 "Special Interest Vehicle" means a motor vehicle of any age which has not been altered or modified from original manu- facturer's specifications and, because of its historic interest, is being preserved by hobbyists Section 14-27 JUNKED VEHICLES DECLARED A PUBLIC NUISANCE, DECLARED UNLAWFUL (a) The presence of any 3unked motor vehicle on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, or on any public right-of-way or other public property within the City of Denton is deemed to be a public nuisance (b) It shall be unlawful for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning, or discarding a motor vehicle on a public right-of-way or other public property or on the real property of another or to permit a ]unked motor vehicle to be parked, left, or maintained on his own real property or real property under his control, provided, that this section shall not apply to 1 a junked motor 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 3unked motor 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 ]unkyard, 3 a 3unked motor vehicle in an appropriate storage space or depository maintained at a location officially designated and in a manner approved by the city, PAGE 2 4 an unlicensed, operable or Inoperable antique or special interest motor vehicle stored by a collector on his property, any motor vehicle in operable condition specifically adapted for racing or operation on privately owned draq strips or raceways, or any motor vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment, provided, that in the foregoing circumstances the vehicle 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 v~ew by means of a fence, rapldly growing trees, shrubbery or other appropriate means Section 14-28 PROCEDURES FOR ABATEMENT OF NUISANCE (a) Whenever the administrator determines that a violation of Section 14-27 exists, he shall send a notice to the last registered owner of the vehicle and all l~en holders of record, and, (1) if the vlolat~on exists on private premises, to the owner or occupant of the private premises or, (2) if the violation exists on public property, to the owner or occuDant of the public premises, or, (3) ~f the violation exists on a public right-of-way, to the owner or occupant ad3acent to the public right-of-way, ~nformlng the person of the violation and ordering the abatement or removal of the public nuisance (b) The notice and order shall (1) be in writing, (2) state the nature of the public nuisance and 1ts location, (3) specify the corrective measures required, (4) require compliance within ten (10) days after service of the written notice, (5) advise the addressee that a public hearlnq regarding the administrator's order and notice to abate the public nuisance specified in such order is available ~f a written request for a hearlnq ~s received by the administrator before the expiration of ten (10) days from the date of service of the notice and order to abate the nuisance (c) All notices shall be sent by certified or registered mall with a f~ve (5) day return requested If the mailed notice is returned undellvered by the United States Post Off~ce, offlclal action to abate sa~d nuisance shall be continued to a date not less than ten (10) days from the date of such return PAGE 3 (d) If, within ten (10) days after service of the notice and order from the admInistrator to abate the nuisance, as herein provided, the owner, occupant or Derson in control of the premises where the nulsance exists or the owner or occupant of the pr~mlses adjacent to the public r~ght-of-way on which the nuisance exists shall g~ve h~s written permission to the administrator for removal of the junked motor vehicle, the givingI of such permIssion shall be considered compliance with the provisions of this Division Section 14-29 RIGHT OF ENTRY The administrator or h~s representative may enter upon private property for the purposes specified in this Division II 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 th~s D~lvlslon The Municipal Court of the City of Denton, Texas shall have authority to issue all orders necessary to enforce the procedures of th~s D~vlslon SeQt~on 14-30 APPEALS FROM ADMINISTRATOR'S NOTICE AND ORDER (a) A person receiving from the Administrator a notice and order to remove and abate the public nuisance may appeal the order to the Board of Adjustment by filing with the admlnllstrator a request, in writing, for a public hearlnq before said ~oard In addition, a fll~ng fee of Twenty-five Dollars ($25 00) must be paid along with such request The request for a hearing must be filed with, and payment of the filing fee must be pa~d to, the administrator within ten (10) days after service of th~ not~ce and order to abate the nuisance Upon receiving a timely request for a hearing and upon timely payment of the filing fee the administrator shall schedule a hearing date before the board and shall not~fy the person requesting the hearing of the date of the hearing (~) Upon the scheduled hearlnq date the board shall hear and receive such evidence and facts concerning the alleged public PAGE 4