G-01-09-27-14B2 - 9/27/2001ORDINANCE NO. 8—Q/—Q9-4,2 7—J1-16eZ...)
AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2100, CODE
OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS TO
CONFORM SUBSECTION 9.2101, 9.2103(1), 9.2103(3), 9.2103(4) AND
9.2103(6), REGULATING ABANDONED MOTOR VEHICLES AND
JUNKED VEHICLES, TO THE LAWS OF THE STATE OF TEXAS
GOVERNING ABANDONED MOTOR VEHICLES, WATERCRAFT
AND OUTBOARD MOTORS AND JUNKED VEHICLES; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances
that are for the good government, peace, or order of the
municipality; and
WHEREAS, the City of Round Rock, Texas has previously enacted
provisions in its Code of Ordinances relating to abandoned motor
vehicles and junked vehicles; and
WHEREAS, it is necessary to amend certain provisions of the
Code of Ordinances to cause the provisions related to abandoned
motor vehicles and junked vehicles to be consistent with the state
law governing abandoned motor vehicles, watercraft and outboard
motors and junked vehicles; Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
I.
That Chapter 9, Section 9.2101 of the Code of Ordinances, City
of Round Rock, Texas, is hereby amended to read as follows:
::ODMA\WORLDOX\O:\WDOX\ORDINANC\010913E2.WPD/ec1
(1) Abandoned Motor Vehicle Provisions Adopted; Definition
The provisions of Subchapters A through D of Chapter 683 of the Texas Transportation
Code, V.T.C.A., as now enacted or as hereafter amended, and the provisions of this
Subsection, are hereby adopted to establish a comprehensive and uniform procedure for
the impounding, storage, use and sale of abandoned motor vehicles, watercraft and
outboard motors within the City.
(a) City Manager to Establish Administrative Procedures
The city manager is authorized to provide for the impounding, storage and
disposition of abandoned motor vehicles, watercraft and outboard motors and shall
establish such administrative procedures as he deems necessary for the securing
of proof of abandonment, collection of fees, distribution of proceeds of sale or
reclamation, giving of notices, and impounding and sale of abandoned motor
vehicles, watercraft and outboard motors, consistent with this subsection and state
law.
(b) Abandoned Motor Vehicle Defined
As used in this subsection, the term "abandoned motor vehicle" means a motor
vehicle that (i) is inoperable, is more than five (5) years old, and has been left
unattended on public property for more than forty-eight (48) hours; (ii) has
remained illegally on public property for more than forty-eight (48) hours; (iii) has
remained on private property without the consent of the owner or person in
control of the property for more than forty-eight (48) hours; (iv) has been left
unattended on the right-of-way of a designated county, state or federal highway
for more than forty-eight (48) hours; or (v) has been left unattended for more than
twenty-four (24) hours on the right-of-way of a turnpike project constructed and
maintained by the Texas Turnpike Authority or a controlled access highway.
(c) Authority to Take Abandoned Motor Vehicle Into Custody
The police department of the City may take into custody an abandoned motor
vehicle, watercraft or outboard motor found on public or private property.
(d) Notice
(i)
After taking into custody an abandoned motor vehicle, watercraft or
outboard motor, the police department shall send written notice of
abandonment to: 1) the last known registered owner of each motor
vehicle, watercraft or outboard motor taken into custody by the police
department or for which a report of abandonment is received from a
garage keeper pursuant to Section 683.031, Texas Transportation Code;
and 2) each lienholder of the motor vehicle recorded under Chapter 501,
Texas Transportation Code, V.T.C.A. or each lienholder of the watercraft
or outboard motor recorded under Chapter 31, Parks and Wildlife Code.
The notice of abandonment must: 1) be sent by certified mail not later
than the tenth (10th) day after the police department takes the abandoned
motor vehicle, watercraft or outboard motor into custody or receives the
2.
report of abandonment from a garage keeper pursuant to Section 683.031,
Texas Transportation Code; 2) specify the year, make, model and
identification number of the item; 3) state the location of the facility where
the item is being held; 4) inform the owner and lienholder of the right to
claim the item not later than the twentieth (20th) day after the date of the
notice on payment of towing, preservation, storage charges, and garage
keeper's charges and fees; and 5) state that the failure of the owner or
lienholder to timely claim the item is a waiver by that person of all right,
title and interest in the item and constitutes consent to the sale of the item
at a public auction.
(ii) The police department may publish the notice of abandonment in lieu of
sending notice in the manner required by subsection 9.2101(1)(d)(i) if: 1)
the identity of the last registered owner cannot be determined; 2) the
registration has no address for the owner; or 3) the determination with
reasonable certainty of the identity and address of all lienholders is
impossible. Such notice of abandonment must be published in a newspaper
of general circulation in the area where the motor vehicle, watercraft, or
outboard motor was abandoned. The notice of abandonment must: 1) be
published not later than the tenth (10th) day after the police department
takes the abandoned motor vehicle, watercraft or outboard motor into
custody or receives the report of abandonment from a garage keeper
pursuant to Section 683.031, Texas Transportation Code; 2) specify the
year, make, model and identification number of the item; 3) state the
location of the facility where the item is being held; 4) inform the owner
and lienholder of the right to claim the item not later than the twentieth
(20th) day after the date of the notice on payment of towing, preservation,
storage charges, and garage keeper's charges and fees; and 5) state that
the failure of the owner or lienholder to timely claim the item is a waiver
by that person of all right, title and interest in the item and constitutes
consent to the sale of the item at a public auction. The notice of
abandonment published pursuant to this subsection may contain a list of
more than one abandoned motor vehicle, watercraft or outboard motor.
(2) Fees for Impounding, Storage, Etc. and Disposition of Auction Proceeds
(a) The following fees shall be charged by and shall be paid to the city police
department or the person, if any, engaged by the city to impound and store
abandoned motor vehicles, watercraft or outboard motors upon reclamation of an
abandoned motor vehicle, watercraft or outboard motor or out of the proceeds of
sale of such item if not reclaimed:
(i) The towing, preservation, and storage fees incurred and resulting from the
taking into custody of the item(s).
(ii) All costs incurred and resulting from the notice and publication
requirements of this section and state law.
(iii) All costs incurred and resulting from the sale of the item(s) at a public
auction.
3.
(b) In addition to the above charges, when the abandoned motor vehicle is one
impounded at a storage facility operated by a garage keeper for commercial
purposes, the garage keeper has a valid claim for servicing, storage or repair of
such vehicle. Such charges shall be paid to the garage keeper by the person
reclaiming the motor vehicle before the motor vehicle is released by the police
department. In the event the motor vehicle is not reclaimed, the proceeds of the
sale shall be first applied to the garage keeper's charges.
(c) After deducting the charges provided for in (a) and (b) above, the police
department shall hold the proceeds of the sale for the owner or lienholder for a
period of ninety (90) days. Upon the expiration of the ninety (90) day holding
period, proceeds unclaimed by the owner or lienholder shall be deposited in an
account that may be used for the payment of auction, towing, preservation,
storage, and notice and publication fees resulting from taking other motor
vehicles, watercraft or outboard motors into custody if the proceeds from the sale
of the other items are insufficient to pay those fees. Funds in this account in excess
of one thousand dollars and no cents ($1,000.00) may be transferred to the City's
general revenue account for use by the police department.
(3) Notice of Sale of Abandoned
Motor Vehicles at Public Auction
Any motor vehicle, watercraft or outboard motor not claimed as provided by law may be
sold at public auction in the manner provided by section 683.014, Texas Transportation
Code, V.T.C.A., as hereafter amended, or the police department may use the item for
departmental purposes. Before selling a motor vehicle, watercraft or outboard motor, the
police department shall post two (2) notices of sale, one (1) at the county courthouse and
one (1) at the Main Street entrance of city hall, and shall cause a copy thereof to be
published in the official newspaper of the city once a week for two (2) consecutive weeks,
the date of the first publication to be at least fourteen (14) days prior to the date of sale.
The notice shall describe the impounded motor vehicle, watercraft or outboard motor to
be sold by year, make and model, state that same is unclaimed and is being sold at public
auction pursuant to state law, and state the time, date, place and manner of sale. The
notice shall further state that the purchaser of the motor vehicle, watercraft or outboard
motor shall take title free and clear of all liens and claims of ownership, shall receive a
sales receipt from the police department, and is entitled to register the motor vehicle,
watercraft or outboard motor and receive a certificate of title. Such notice may contain
multiple listings of abandoned motor vehicles, watercraft and outboard motors. A garage
keeper who has a garage keeper's lien on an abandoned motor vehicle, watercraft or
outboard motor to be sold at a public auction shall be notified by the police department of
the time and place of the auction. Failure to give the notice required by this subsection,
in whole or part, shall not affect the sale of such motor vehicle, watercraft or outboard
motor, it being the intention of the city council that following the above procedures for
giving notice of the sale shall not be a condition of the sale but merely a means of
advertising the sale to potential bidders.
(4) Record Book of Impounded Motor Vehicles
The police department, or its delegate, shall keep a record book which shall contain a
description by year, make and model or all motor vehicles, watercraft and outboard motors
4.
(5)
impounded; the date and time of such impounding; the date notices of abandonment
advertised or mailed to lienholders and owners or record and the return receipts therefrom;
the date the motor vehicle, watercraft or outboard motor was reclaimed or sold; the
amount realized for each motor vehicle, watercraft or outboard motor at such sale; the
amount of fees to which the impounder is entitled pursuant to this subsection; the name and
address of the owners and lienholders, if known; the name and address of the buyer; the
name and address of the garage keeper, if any entitled to recover his charges for servicing,
storage or repair of the motor vehicle upon reclamation or sale and the amount of his
charges; and any other information the city manager may deem necessary.
Visible Notice of Abandonment;
Prima Facie Evidence
At least forty-eight (48) hours prior to impounding any motor vehicle, watercraft or
outboard motor, as abandoned, whether on public or private property, a police officer of
the city shall securely affix a visible, dated, brightly colored notice of abandonment to
such motor vehicle, watercraft or outboard motor and a record of the date and time such
notice was affixed shall be maintained by the chief of police or his delegate. In the event
the motor vehicle, watercraft or outboard motor is subsequently impounded as abandoned,
proof that the motor vehicle, watercraft or outboard motor was not removed from the
public or private property after the visible notice of abandonment was attached thereto
shall be prima facie proof in any court that: (i) such motor vehicle, watercraft or outboard
motor was left unattended and abandoned for the period of time between the affixing of
the notice and the impounding of the motor vehicle, watercraft or outboard motor; and (ii)
that the owner of such motor vehicle, watercraft or outboard motor caused, allowed,
suffered and permitted the motor vehicle, watercraft or outboard motor to remain at the
place where such motor vehicle, watercraft or outboard motor was impounded for the
period of time between the affixing of the notice and the impounding of the motor vehicle,
watercraft or outboard motor.
(6) Unlawful to Interfere With Impounding
It shall be unlawful for any person to knowingly or intentionally interfere with or attempt
to prevent the physical impounding of any abandoned motor vehicle, watercraft or
outboard motor by the police department or its delegate pursuant to the provisions of this
subsection.
II.
That Chapter 9, Section 9.2103 (1) of the Code of Ordinances,
City of Round Rock, Texas is hereby amended to read as follows:
(1) Definitions
As used in this subsection, the following words and phrases shall have the meaning
ascribed below, except where the context in which the word or phrase is used clearly
indicates a different meaning is intended:
5.
Antique Vehicle means a passenger car or truck that is at least twenty-five (25) years old.
Chief of Police means the chief of police of the City of Round Rock or any duly
commissioned police officer of the City of Round Rock.
Junked Vehicle means a motor vehicle that is self-propelled and:
(a) does not have lawfully attached to it:
i) an unexpired license plate; or
ii) a valid motor vehicle inspection certificate; and
(b) is:
i) wrecked, dismantled or partially dismantled, or discarded; or
ii) inoperable and has remained inoperable for more than:
A) 72 consecutive hours, if the vehicle is on public property; or
B) 30 consecutive days, if the vehicle is on private property.
The term "junked vehicle" does not include (a) 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, (b) 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 junkyard, or (c) an unlicensed, operable or
inoperable antique and special interest vehicle stored by a collector on his property,
provided that the vehicle and the outdoor storage area 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.
Motor Vehicle Collector means a person who (a) owns one or more antique or special
interest vehicles; and (b) acquires, collects, or disposes of an antique or special
interest vehicle or part of an antique or special interest vehicle for personal use to
restore and preserve an antique or special interest vehicle for historic interest.
Special Interest Vehicle means a motor vehicle of any age that has not been changed
from original manufacturer's specifications and, because of its historic interest, is
being preserved by a hobbyist.
III.
That Chapter 9, Section 9.2103 (3) of the Code of Ordinances,
City of Round Rock, Texas is hereby amended to read as follows:
(3) Notice to Owner to Abate Nuisance -
When on Occupied Premises
(a) Whenever any such junked vehicle is located on occupied premises within the city
in violation of paragraph 2(b), above, the chief of police shall order the owner of
the premises, if in possession thereof, or the occupant of the premises whereon
such public nuisance exists, to abate or remove the same. Such order shall:
6.
(a) Be in writing.
(b) State the nature of the public nuisance and that it must be removed and
abated within ten (10) days after the date of mailing or personal delivery
of notice.
(c) State that a request for a hearing to determine whether or not the motor
vehicle is a junked motor vehicle as defined herein must be made to the
clerk of the municipal court, either in person or in writing and without the
requirement of bond, before expiration of said ten (10) day period.
(d) State that in the event that no request for a hearing is received before the
expiration of said ten (10) day period it shall be conclusively presumed
that said vehicle is a junked vehicle as defined under state law and this
subsection.
The order must be personally delivered or mailed, by certified mail with a five (5)
day return requested, to the last known registered owner of the junked motor
vehicle, any lien holder of record, and to the owner or occupant of the premises
on which the public nuisance exists. If the post office address of the last known
registered owner of the junked motor vehicle is unknown, notice to the last known
registered owner may be placed on the motor vehicle, or, it the last known
registered owner is physically located, the notice may be personally delivered. If
any notice is returned undelivered by the United States Post Office, official action
to abate the nuisance shall be continued to a date not earlier than the eleventh
(11t) day after the date of the return.
(b) If the owner or occupant of the premises does not request a public hearing and
either fails or refuses to comply with the order of the chief of police within the ten
(10) day period after service thereof, as provided herein, the chief of police or his
delegate shall take possession of such junked motor vehicle and remove it from the
premises upon the issuance of an appropriate order of the judge of the municipal
court.
IV.
That Chapter 9, Section 9.2103 (4) of the Code of Ordinances,
City of Round Rock, Texas is hereby amended to read as follows:
(4) Notice to Owner to Abate Nuisance -
When on Unoccupied Premises or on
Public Property or Public Right -of -Way
(a) Whenever any such junked vehicle is located on unoccupied premises
within the city in violation of paragraph 2(b) of this subsection, the chief
of police shall order the owner of the premises, as shown on the current tax
rolls of the city whereon such public nuisance exists, to abate or remove the
same. Such order shall contain the same information as for the order
7.
(b)
required under paragraph (3)(a)(i)-(iv) of this subsection.
The order must be personally delivered or mailed, by certified mail with a
five (5) day return requested, to the last known registered owner of the
junked motor vehicle, any lien holder of record, and to the owner of the
premises, as shown on the city tax rolls, on which the public nuisance
exists. If the post office address of the last known registered owner of the
junked motor vehicle is unknown, notice to the last known registered owner
may be placed on the motor vehicle, or, if the last known registered owner
is physically located, the notice may be personally delivered. If any notice
is returned undelivered by the United States Post Office, official action to
abate the nuisance shall be continued to a date not earlier than the eleventh
(11 th) day after the date of the return.
If the owner of the premises does not request a public hearing and either
fails or refuses to comply with the order of the chief of police within the ten
(10) day period after service thereof, as provided herein, the chief of police
or his delegate shall take possession of such junked motor vehicle and
remove it from the premises upon the issuance of an appropriate order of
the judge of the municipal court.
(c) Whenever any such junked vehicle is located on public property or on a
public right-of-way within the city in violation of paragraph (2)(b), the
chief of police shall order the owner or occupant of the public premises or
the owner or occupant of the premises adjacent to the public right-of-way
whereupon said public nuisance exists, to abate or remove the same. Such
order shall contain the same information as for the order required under
paragraphs (3)(a)(i)-(iv) and (4)(a) of this subsection.
The order must be personally delivered or mailed, by certified mail with a
five (5) day return requested, to the last known registered owner of the
junked motor vehicle, any lien holder of records, and to the owner of
occupant of the public premises or to the owner or occupant of the premises
adjacent to public right-of-way on which the public nuisance exits. If the
post office address of the last known registered owner of the junked motor
vehicle is unknown, notice to the last known registered owner may be
placed on the motor vehicle, or, if the last known registered owner is
physically located, the notice may be personally delivered. If any notice
is returned undelivered by the United States Post Office, official action to
abate the nuisance shall be continued to date not earlier than the eleventh
(11 "') day after the date of the return.
V.
That Chapter 9, Section 9.2103(6) of the Code of Ordinances,
City of Round Rock, Texas is hereby amended by adding Subsection
(d) to read as follows:
8.
(d) The relocation of a junked vehicle that is a public nuisance to another location
withing the territorial limits of the City of Round Rock, Texas after a proceeding
for the abatement and removal of the public nuisance has commenced has no effect
of the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
VI.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
READ and APPROVED on first reading this the /3 day of
, 2001.
READ, APPROVED and ADOPTED on second reading this the
9 day of
), 2001.
9.
ATTEST:
E LAND, City Secretary
RO RT A. STLUKA, JR. S./ Mayor
City of Round Rock, Texas
10.
DATE: September 21, 2001
SUBJECT: City Council Meeting — September 27, 2001
ITEM: *14.8.2. Consider an ordinance amending Section 9.2100 of the Round
Rock Code of Ordinances regarding Abandoned and Junked
Vehicles. (Second Reading) This amendment updates the ordinance
to bring it in line with changes in Texas law. The first reading of the
ordinance was approved on September 13, 2001.
Resource: Paul Conner, Chief of Police
History: The current ordinance regulating abandoned and junked vehicles has become
outdated as a result of changes in Texas Law since the original ordinance was
adopted. Generally, the proposed changes expand the existing ordinance to: (1)
cover watercraft and outboard motors; (2) provide authority to take abandoned
vehicles into custody; (3) change the legal definition of abandoned, "junked,"
motor, and antique vehicles; and (4) adding provisions allowing for the personal
delivery of notice in junked vehicle cases. These changes should insure that our
ordinance complies with the state laws going into effect on September 1.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: None
Impact/Benefit: Adopting the ordinance will allow the city to update the existing
ordinance regulating abandoned and junk vehicles in line with changes
in state law.
Public Comment: None
Sponsor: N/A