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HomeMy WebLinkAboutOrdinance - 8605-1984 - Amend. Artic XIII Of Ch. 16 "Junked Vehicles", Prov. For Amend. To Said Article - 05/24/1984l LJM:js 5-J.~-1}/ t> ~!)ff -~4 ORDINANCE NO. 8605 ----- AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 16 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (ENTITLED "JUNKED VEHICLES") PROVIDING FOR AMENDMENTS TO SAID ARTICLE IN ORDER TO COMPLY WITH RECENT ACTS OF THE TEXAS LEGISLATURE; PROVIDING FOR REMOVAL WITH PERMISSION; CREATING A PRESUMPTION OF OWNERSHIP; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that the changes indicated below would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: j SECTION 1. THAT Section 16-375 of the Code of Ordinances of the j City of Lubbock, Texas BE and is hereby amended to read as follows: j I t ,I I I :j I ' I ,1 j "Sec. 16-375. Same -Notice of, and order to abate Whenever any public nuisance, as declared in Section 16-374, exists in the City, the Zoning and Environmental Control Administrator shall send written notice, by certified mail with a five (5) day return requested, to the last known registered owner of the junked motor vehicle, every lien holder of record; and to the owner or the occupant of the premises whereupon such nuisance exists, or abuts the public property whereupon such nuisance exists, to abate or remove such public ·nuisance. Such notice shall state the nature of the public nuisance and specify that the nuisance must be abated and removed within ten (10) days after the delivery date of the notice, and further state that such person receiving the notice, if a hearing is desired, must request such hearing before the expiration date of said ten (10) day period. If any notice is returned undelivered by the United States post office, official action by the City to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return." SECTION 2. THAT Article XIII of Chapter 16 of the Code of Ordi- nances of the City of Lubbock BE and is hereby amended such that all references to the Texas Abandoned Motor Vehicle Act shall be amended to read "Texas Litter Abatement Act." SECTION 3. THAT Section 16-369 of the Code of Ordinances of the City of Lubbock, Texas BE and is hereby amended to read as follows: l d "Sec. 16-369. Penalty Any person violating any of the prov1s1ons of this article relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist, shall be deemed guilty of a misdemeanor and conviction thereof shall be punishable by a fine not to exceed two hundred dollars ($200.00) and each day that such nuisance shall continue after the time for abate- ment as herein set out shall constitute a separate offense. On conviction, the court shall order removal and abatement of the nuisance." SECTION 4. THAT the Code of Ordinances of the City of Lubbock BE and is hereby amended by adding thereto a new Section 16-378, which shall read as follows: "Sec. 16-378. Same -Removal with permission If within ten (10) days after receipt of notice from the Zoning and Environmental Control Administrator and/or his employees, or his duly authorized agent, to abate the nuisance, as herein provided, the owner or occupant of the premises shall give his written permission to the Zoning and Environmental Control Administrator and/or his em- ployees, or his duly authorized agent for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of Article XIII of Chapter 16." SECTION 5. THAT the Code of Ordinances of the City of Lubbock BE and is hereby amended by adding thereto a new Section 16-379, which shall read as follows: "Sec. 16-379. Same -Presumption The person in whose name a junked vehicle is last registered shall be presumed to be the owner and person in control of such vehicle for purposes of prosecution under Article XIII of Chapter 16. Proof of ownership may be made by production of a copy or facsimile of the registration of a vehicle with the State Department of Highways and Public Transportation or the county motor vehicle licensing department or any other licensing authority showing the name of the person to whom the license plates for the vehicle were issued. This proof shall constitute prime facie evidence of the feet that the person to whom such certificate of registration was issued was the owner and person in control of the junked motor vehicle determined to be a public nuisance. This presumption may be rebutted by competent evidence." - 2 - ... J ,I •I , ' • SECTION 6. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this ___ day of , 1984. ----- Passed by the City Council on second reading this 25th 1984. May _____ , ALAN ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: -3 - j l l l THE STATE OF TEXAS COUNTY OF LUBBOCK Before me llonn1e McKee a Notarv Public in and for Lubbock Countv. Texas on this dav personally appeared Twi I a Auf 111 • Acco tint Mrmat!e r of the S~uthwestern Newsp~- pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning, Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this l.uu, I Nati ce-184 wo rd1@66t per: word-$121.44 No. 901100 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche-.Journal on the following dates: MaY 26 & June 2, ~084 l-10463 LUBBOCK AV ALANCHE-.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this -4th-day of -J~ul,l,ln!-14•----· 19--64- FORM58-10 TE ,VEHICLES~). PROVIDING FOR AMENOMENT$ TO SAID ARTI- CLE· lN ;C)ROER TO COMPLY WITH RECENT ACTS OF THI;. fEXAS • LEGISLATURE: PROV• tDJNG ·A .SAVINGS . CLAUSE; PROVIDING A PENAL TY · ANO PROVIDING ·J'OR .. PUBLICA-TION. . MW:dll ORDINANCE NO. il6G6 AN ORt>INANCE ABANDONING '-HD. CLOSING ,.AN . UNDER· GROUND UTILITY EASEMENT ·. 1,0CATEO IN \.OU 4•8 j,ND •C,· TIMES. SQUARE ADDITION .TO : THE CITY OF. LU880C:K. 1.UIJ· aoc::K COUNTY, TEXAS, .AND ' MORE ' PARTICUI.ARI. Y OE• SCR18ED liEREINAFTER . IN '.l'HIS ORDINANCE! DIRECTING THE ClTY ENGINEER TO MARK . THE OFFICIAL MAPS OF. TME (ITY TO REFLECT $AIO ASAN. OOHING 'ANO CLOSING: PROV• ,101NG l. SAVINGS CI.AUSE1 ANO PROVIDING, FOR ·PUIILI• CATION , · ' · t!W<lfa ORDINANCE NO, 8530 AN OROINANCE ABANDONING ·AND CLOSING PORTIONS 01' ·:rw0 STREETS. AND TWO Al.• 1 I.EV$ IN llLOCKS I, 9 AND 10, j:McLARTY CIRCLE VIEW AOOi• , \j~~.TO r.t~~J\l". ~ut¥~ TEXAS, -"ND MORE PARTICU- t LARLV. •OESCIU8!0 · IN 'Ttilia eOOY OF. THIS ORDINANCE! DI-RE(;TING·THE CITY ENGINEER TO "MARK THE OFFICIAL· MAP [ 01' THE· CITY TO REFLECT JAID A&ANl>OHING AND Cl.~ ING; PltOVIDINO A $AVING$ . (UUSE1 AND PIIOVIOING FOR -~UBI.ICATl_ON.