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1 ORDINANCE NO.
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4 AN ORDINANCE AMENDING CHAPTER 14, SECTION 14-303, CODE OF
5 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ffi
6 JUNKED VEHICLES; AND PROVIDING FOR A SAVINGS CLAUSE AND
7 REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
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9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
10 TEXAS:
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12 That Chapter 14, Section 14-303, Code of Ordinances (2010 Edition), City of
13 Round Rock, Texas, is hereby amended to read as follows:
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14 Sec. 14-303. -Junked vehicles.
15 (a) Definitions. As used in this section,the following words and phrases shall have the meaning ascribed below,
16 except where the context in which the word or phrase is used clearly indicates a different meaning is
17 intended:
18 Antique vehicle means a passenger car or truck that is at least 25 years old.
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20 Junked vehicle.
21 (1) The term"junked vehicle"means a teeter vehicle that is self-propelled, or any part thereof, and:
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23 a. displays
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25 I �. anAP expired or invalid Via—license plate; or expired or invalid motor
26 vehicle inspection certificate or does not display a license plate or ,
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28 I 2. A-va",d motor vehicle inspection certificate; and
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30 b. Is:
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32 1. Wrecked,dismantled or partially dismantled,or discarded; or
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34 2. Inoperable and has remained inoperable for more than:
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36 (i) 72 consecutive hours, if the vehicle is on public property; or
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38 (ii) 30 consecutive days, if the vehicle is on private property.
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40 (2) The term"junked vehicle"does not include:
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1 a. A vehicle or part thereof which is completely enclosed within a building in a lawful manner
2 where it is not visible from the street or other public or private property;
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4 b. A vehicle or part thereof which is stored or parked in a lawful manner on private property
5 in connection with the business of a licensed vehicle dealer or junkyard if the vehicle or
6 part thereof and the outdoor storage area are:
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8 1. maintained in an orderly manner;
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10 2. not a health hazard: and
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12 3. screened from ordinary public view by appropriate means including a fence
13 rapidly growing trees, or shrubbery and not including a tarp or other cover.
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15 C. An UnliGeRsed, epeFable OF iReperable antique or And special interest vehicle or part
16 thereof stored by a motor vehicle collector on his property; if the vehicle or part thereof
17 and the outdoor storage area are: ,
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19 1. maintained in an orderly manner
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21 2. not a health hazard: and 9
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23 3. screened from ordinary public view by appropriate means including a fence
24 rapidly growing trees or shrubbery and not including a tarp or other cover.
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27 that they do not n-e-ps;titute a health hazard and aFe SGFeeRed from eFdinary PUbliG view by
28 rneaR6 of a fenGe, Fapidly gFGWiR9 tFees, 611FUbbeFy OF GtheF appFopriate My
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30 Motor vehicle collector means a person who:
31 (1) Owns one or more antique or special interest vehicles;and
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33 (2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or
34 special interest vehicle for personal use to restore and preserve an antique or special interest
35 vehicle for historic interest. '
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37 Special interest vehicle means a motor vehicle of any age that has not been changed from original
38 manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist.
39 (b) Junked vehicles declared a public nuisance,duty of property owners;unlawful to interfere with impounding.
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41 (1) Junked vehicles are detrimental to the safety and welfare of the general public, tending to reduce
42 the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive
43 nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic
44 welfare of the city and state by producing urban blight which is adverse to the maintenance and
45 continuing development of the city, and such vehicles are declared to be a public nuisance and r'
46 subject to abatement as set out hereunder.
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48 (2) The owner or occupant of any real property within the city shall keep such property free of and shall
49 not permit or suffer the presence of junked vehicles on such property.
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51 (3) It shall be unlawful for any person to knowingly or intentionally interfere with or attempt to prevent r`
52 I the physical impounding of any junked vehicle b the Ghief of^^"^e^F has delegate pursuant to this
53 subsection.
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2 (c) Notice to owner to abate nuisance—When on occupied premises.
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5 (1) Whenever any such junked vehicle is located on occupied premises within the city in violation of
subseGtien (b)(2) of this section, the ci�sk�ie�e€�elice shall order the owner of the premises, if in
6 possession thereof, or the occupant of the premises whereon such public nuisance exists,to abate
7 or remove the same. Such order shall:
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9 a. Be in writing.
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11 b. State the nature of the public nuisance and that it must be removed and abated within ten
12 days after the date of mailing or personal delivery of notice.
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14 C. State that a request for a hearing to determine whether or not the motor vehicle is a I
15 junked motor vehicle as defined herein must be made to the clerk of the municipal court,
16 either in person or in writing and without the requirement of bond, before expiration of said
17 ten-day period.
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19 d. State that in the event that no request for a hearing is received before the expiration of
20 said ten-day period it shall be conclusively presumed that said vehicle is a junked vehicle a
21 as defined under state law and this subsection.
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23 The order must be personally delivered or mailed, by certified mail with a five-day return requested,
24 to the last known registered owner of the junked motor vehicle, any lienholder of record, and to the
25 owner or occupant of the premises on which the public nuisance exists. If the post office address of
26 the last known registered owner of the junked motor vehicle is unknown, notice to the last known
27 registered owner may be placed on the motor vehicle, or, if the last known registered owner is €:
28 physically located, the notice may be personally delivered. If any notice is returned undelivered by
29 the United States Post Office, official action to abate the nuisance shall be continued to a date not
30 earlier than the 11th day after the date of the return.
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32 (2) If the owner or occupant of the premises does not request a public hearing and either fails or
33 I refuses to comply with the order of the gftyshief-e#-pelise within the ten-day period after service
34 thereof, as provided herein, the c� shall take possession of such
35 junked motor vehicle and remove it from the premises upon the issuance of an appropriate order of
36 the judge of the municipal court.
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38 (d) Same—When on unoccupied premises or on public property or public right-of-way.
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40 (1) a. Whenever any such junked vehicle is located on unoccupied premises within the city in
41 violation of this section, the c�shief-s�shall order the owner of
42 I the premises, as shown on the current tax rolls of the city or the appraisal district records.
43 whereon such public nuisance exists, to abate or remove the same. Such order shall i
44 contain the same information as for the order required under subsection (c)(1)a thFough d i
45 of this section.
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47 b. The order must be personally delivered or mailed, by certified mail with a five-day return
48 requested, to the last known registered owner of the junked motor vehicle, any lienholder
49 I of record, and to the owner of the premises, as shown on the city tax rolls or the appraisal
50 district records, on which the public nuisance exists. If the post office address of the last i
51 known registered owner of the junked motor vehicle is unknown, notice to the last known
52 registered owner may be placed on the motor vehicle, or, if the last known registered
53 owner is physically located, the notice may be personally delivered. If any notice is
54 returned undelivered by the United States Post Office, official action to abate the nuisance
55 shall be continued to a date not earlier than the 11th day after the date of the return.
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1 (2) If the owner of the premises does not request a public hearing and either fails or refuses to comply
2 I with the order of the c�shiel--efpoi%within the ten-day period after service thereof, as provided
3 herein, the c& ief Of PGIiGe 9F his delegate shall take possession of such junked motor vehicle
4 and remove it from the premises upon the issuance of an appropriate order of the judge of the
5 municipal court.
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7 (3) a. Whenever any such junked vehicle is located on public property or on a public right-of-way
8 within the city in violation of this section, the c&chief-ef--ffelise shall
9 order the owner or occupant of the public premises or the owner or occupant of the
10 premises adjacent to the public right-of-way whereupon said public nuisance exists, to }
11 abate or remove the same. Such order shall contain the same information as for the order i
12 required under subsections(c)(1)a thmugh d and (d)(1)of this section.
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14 b. The order must be personally delivered or mailed, by certified mail with a five day return
15 requested, to the last known registered owner of the junked motor vehicle, any lienholder
16 of records, and to the owner of occupant of the public premises or to the owner or
17 occupant of the premises adjacent to public right-of-way on which the public nuisance
18 exits. If the post office address of the last known registered owner of the junked motor
19 vehicle is unknown, notice to the last known registered owner may be placed on the motor
20 vehicle, or, if the last known registered owner is physically located, the notice may be
21 personally delivered. If any notice is returned undelivered by the United States Post }
22 Office, official action to abate the nuisance shall be continued to date not earlier than the
23 11 th day after the date of the return.
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25 (e) Visible notice to abate nuisance.
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27 I (1) At the time a junked vehicle is located by the c&shie€-�e on either occupied or unoccupied
28 private or public property or public right-of-way, in addition to any other notices required herein, a
29 visible notice, brightly colored but of a color different from that used for notices of abandonment, y
30 section 14-301(e), shall be securely affixed to such vehicle. Such notice shall:
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32 a. State that the vehicle is a public nuisance and that it must be removed and abated within r
33 ten days from the date on such notice. i
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35 b. State that a request for a hearing to determine whether or not the motor vehicle is a i
36 junked motor vehicle as defined herein must be made to the clerk of the municipal court,
37 either in person or in writing and without the requirement of bond, before the expiration of
38 said ten-day period.
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40 C. Shall state that in the event that no request for a hearing is received before the expiration
41 of said ten-day period, it shall be conclusively presumed that said vehicle is a junked i
42 vehicle as defined under state law and this section.
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44 d. Shall state the date it was affixed.
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46 (2) Affixing the notice set out herein shall not be a condition or requirement precedent to any
47 proceeding or official action to abate such public nuisance and such proceeding or action shall not
48 be rendered void or voidable nor in any way affected by failure to affix the visible notice prescribed
49 herein.
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51 (3) In the event the ten-day period set out on the visible notice is different from that prescribed in any
52 other notice served as provided for herein, then official action or proceedings to abate such public
53 nuisance shall not be commenced until after the expiration of both periods of time.
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55 (f) Public hearing;finding and orders of judge.
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1 (1) The owner or occupant of any premises on which a junked vehicle is located may, within ten days
2 after service of a notice to abate said nuisance, request of the clerk of the municipal court of the
3 city, either in person or in writing, and without the requirement of the bond, that a date and a time
4 be set when he may appear before the judge of the municipal court for a hearing to determine
5 whether or not the motor vehicle is a junked motor vehicle.
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7 (2) The judge of the municipal court shall hear any case brought before such court, as set out herein,
8 and shall determine by a preponderance of the evidence whether or not the motor vehicle is a '
9 junked motor vehicle and in violation of this section.At the hearing, the motor vehicle is presumed,
10 unless demonstrated otherwise by the owner, to be inoperable. Such hearing shall not be criminal
11 in nature and shall be as summary as due process and orderly procedure allows. Rules of evidence
12 as in civil suits shall be followed. Upon finding that such motor vehicle is in violation of this section,
13 the judge of such court shall order such defendant to remove and abate such nuisance within ten
14 days,the same being a reasonable time. If the defendant shall fail and refuse,within such ten days,
15 to abate or remove the nuisance, the judge of the municipal court may issue an order directing the
16 ct G ie�Ge to have the same removed, and the c� shall take
17 possession of such junked motor vehicle and remove it from the premises. Such order shall include
18 a description of the vehicle, and the current identification number and license number of the
19 vehicle, if available at the site.
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21 (3) Notice of any hearing set under this section shall be delivered to the chief of police.
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23 (4) The relocation of a junked vehicle that is a public nuisance to another location within the territorial
24 limits of the city after a proceeding for the abatement and removal of the public nuisance has
25 commenced has no effect of the proceeding if the junked vehicle constitutes a public nuisance at
26 the new location.
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(5) Records from the city's tax rolls and the appraisal district are admissible at the hearing to establish E
29 or prove the ownership of the premises. Records from the city's utility department are admissible
30 at the hearing to establish or prove the occupant of the premises Records from the Texas F
31 Department of Motor Vehicle registration system are admissible at the hearing to establish or prove
32 the registered owner of the vehicle and any lienholder.
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34 (g) Abatement under court order. If there is a junked motor vehicle, as herein defined, on premises that are
35 occupied or unoccupied, and:
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37 (1) Neither the owner nor the occupant of the premises can be found and notified to remove same; or
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39 (2) The notice required by subsection (c)or(d) of this section is returned undelivered by the U.S. Post
40 Office and ten days after the return of such notice, the nuisance has not been abated, then upon a
41 showing of such facts to the judge of the municipal court, the court may issue an order directing the
43 I c ty�G 6e to have the same removed, and the c ty shall take
possession of such junked motor vehicle and remove it from the premises.
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45 (h) Notice to state department of transportation. Notice shall be given to the state department of transportation
46 that a junked vehicle has been impounded within five days after the removal of the junked motor vehicle as
47 provided in this section, identifying the vehicle or part thereof impounded.
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49 (i) Disposition of impounded junked vehicles. The c� shall dispose of all
50 impounded junked vehicles in such manner as the city manager may designate, consistent with state law,
51 provided such vehicle shall not be reconstructed or made operable. Disposal may be by removal or sale, a
52 with or without competitive bidding,to a scrap yard or demolisher.
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54 (i) Authority to inspect, enforce and administer. This section shall be enforced and administered by regularly
55 salaried, full-time employees of the city as designated by the city manager, except that the removal of a
56 vehicle or part of vehicle from property may be performed by any authorized person Any person authorized
57 to enforce and administer this section may enter private property to examine vehicles or parts thereof, obtain `
58 information as to the identity of vehicles or parts thereof and to remove or cause or direct the removal of 3
59 vehicles or parts thereof.
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2 (k) Criminal offense. It shall be unlawful for any property owner, property occupant or registered owner of any
3 vehicle or part thereof to maintain allow, or permit a junked vehicle in violation of this section Each day or
4 part of a day that the violation is maintained allowed or permitted shall constitute a separate offense The
5 notices in subsections (c), (d) and (e) of this section are not required to be given prior to the filing of a
6 criminal case. Upon conviction for an offense under this section the court shall order the guilty party to
7 abate and remove the vehicle or part thereof which was the subject of the criminal case within forty-eight
8 (48) hours from the effective date of the order. The order shall take effect immediately upon the conviction
9 becoming final. If abatement and removal is not done pursuant to the court order, the city is authorized to
10 abate and remove the vehicle without further notice to any person
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15 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
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16 expressly repealed.
17 B. The invalidity of any section or provision of this ordinance shall not x
18 invalidate other sections or provisions thereof.
19 C. The City Council hereby finds and declares that written notice of the date,
20 hour, place and subject of the meeting at which this Ordinance was adopted was posted
21 and that such meeting was open to the public as required by law at all times during
22 which this Ordinance and the subject matter hereof were discussed, considered and
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23 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
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24 Government Code, as amended.
25 Alternative 1.
26 By motion duly made, seconded and passed with an affirmative vote of all the
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27 Council members present, the requirement for reading this ordinance on two separate
28 days was dispensed with.
29 READ, PASSED, and ADOPTED on first reading this day of
30 , 2012.
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I Alternative 2.
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2 READ and APPROVED on first reading this the day of
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4 READ, APPROVED and ADOPTED on second reading this the� "'day of
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8 ALAN MCGRAW, Mayor
9 City of Round Rock, Texas
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11 ATTEST:
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14 SARA L. WHITE, City Clerk
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ROUND ROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY
Agenda Item No. F6. -CONSENT
Consider an ordinance amending Chapter 14, Section 14-403, Code of Ordinances,
Agenda Caption: regarding junked vehicles. (Second Reading)
Meeting Date: June 28, 2012
Department: Police
Staff Person making presentation: Tim Ryle
Chief of Police f
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Item Summary:
The changes to this ordinance that are being proposed [Section 14-303(j)], would allow the city manager to
authorize a regularly salaried, full-time employee to enforce and administer this ordinance. Currently, only sworn
officers can write citations for junked vehicles. In addition, Section 14-303(k) is being proposed regarding
noncompliance to abate and remove a junked vehicle within the specified time period. Noncompliance will be t
considered a criminal offense requiring a public hearing. Upon conviction the property owner, property occupant or
registered owner of the vehicle shall remove the vehicle within 48 hours. After 48 hours the city is authorized to
abate and remove the vehicle. Section 14-303(f)(5) determines how proof of vehicle ownership and property
ownership or occupancy may be established for the public hearing regarding this offense.
Staff believes that these changes will allow this ordinance to be more effectively enforced and remove junked ;
vehicles in order to preserve the integrity of our neighborhoods.
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Cost: N/A
Source of Funds: N/A
Date of Public Hearing(if required): N/A '
Recommended Action: Approval s
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