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Home My WebLink AboutOrdinance - 8819A-1985 - Amending Sections 16-369B, 16-377 Of The Code Of Ordinances - 09/12/1985JCR:da First Reading September 12~ 1985 Agenda Item #24 Second Reading October 10, 1985 Agenda Item #13 i ORDINANCE NO. 8819-A AN ORDINANCE AMENDING SECTIONS 16-368, 16-376 AND 16-377 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, AND ADDING A NEW SECTION 16-380 TO ART. XIII OF SAID CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PUBLIC HEARING FOR REMOVAL; PROVIDING FOR NOTICE PROCEDURES FOR PUBLIC HEARINGS; PROVIDING PROCEDURES FOR THE ZONING AND ENVIRONMENTAL OFFICE OF THE CITY TO FOLLOW AT PUBLIC HEARINGS; AUTHORIZING THE BOARD OF ADJUSTMENT OR OTHER DESIGNATED BOARD TO ADOPT RULES FOR THE CONDUCT OF PUBLIC HEARINGS; PROVIDING FOR A PENALTY AS SET FORTH IN SECTION 16-369 OF THE COD~ OF ORDINANCES OF THE CITY OF LUBBOCK; PROVIDING FOR A SAVINGS CLAUSE 1 AND PROVIDING FOR PUBLICATION. WHEREAS, the Texas legislature has amended Vernon's Ann.St.,iart. 4477-9a establishing procedures to be followed to remove junk vehicles from both public and private property in a city within this state; and 1 WHEREAS, the City Council of the City of lubbock deems it to,be in the best interest of the the citizens of the City of lubbock to amend the Code of Ordinances of the City of lubbock to conform to the legislative amend- ments aforementioned; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 16-368 of the Code of Ordinances of the City of lubbock is hereby amended to read as follows: Sec. 16-368. Definitions. As used in this article: Antique auto means passenger cars or trucks that were manufac- tured in 1925 or before, or which become thirty-five (35) or more years old. 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. Junk vehicle means any motor vehicle as defined in section 1 of Article 6701d-11, Vernon's Texas Civil Statutes, as amended: (a) That is inoperative; and (b) That does not have lawfully affixed to it either an.un- expired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoper- able for a continuous period of more than 45 days. Special interest vehicle means a motor vehicle of any a~e which has not been altered or modified from original manufacturer's specifi- cations and, because of its historic interest, is being preserved by hobbyists. (Ord. No. 7874, §1,6-28-79; Code 1959, §15-34.1) SECTION 2. THAT Section 16-376 of the Code of Ordinances of the City of lubbock is hereby amended to read as follows: (a) A public hearing, prior to the removal of a junk vehicle or part thereof under this article as a public nuisance, shall be held before the Zoning Board of Adjustment, or any other board or commission designated by the City Council, when such a ~earing is requested by the owner or occupant of the public or private premises on which said vehicle is located, or by the ow~er or occupant of the premises adjacent to the public right-of-way, within ten (10) days after service of notice to abate the nuisance. Any order of such board or commission requiring 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. (Ord. No. 6561, §2, 2-22-73; Ord. No. 7874, §2, 6-28-79; Code 1959, §15-34.6) (b) A public hearing, prior to the removal of a junk vehicle or part thereof under this article as a public nuisance, shall be held before the Zoning Board of Adjustment, or any other board or commission designated by the City Council, when a hearing is requested by the zoning and environmental control administrator of the City of lubbock. Ten days written notice of such hearing shall be mailed by certified mail with a five (5) day return receipt requested to the last known owner of the junk vehicle, any lien holder of record, and the owner or occupant of any private residence upon which the junk vehicle is stored or located informing such persons of the date and time of the public hearing and that the zoning and environmental control officer of the City of lubbock will seek an Order from such board requiring the removal of such junk vehicle. In every case where the junk vehicle is located upon public property such ten day notice as above required shall be mailed as above set forth to the last known registered owner of the junk vehicle, any lien holder of record and the owner or occupant of the public premises or owner or occupant of the premises adjacent to public right of:way where such junk vehicle is located. · (c) At every public hearing held by the Zoning Board of Adjdstment or any other board designated by the City Council to hold such hearing said board shall in each case determine the following: - 2 - (1) Whether or not the vehicle in question is a junk vehicle as defined in Sec. 16-368 of the Code of Ordinances of the City of Lubbock. (2) That the vehicle in question is not excepted from the provisions of this article by Sec. 16-370 of the Code of Ordinances of the City of Lubbock. (3) That the vehicle constitutes a public nuisance as set forth in Sec. 16-374 of the Code of Ordinances of the City of Lubbock and should be abated. i I (d) In every case where the board holding the public hearing as hereinabove provided finds that the factors set forth in sub- section (c) of this section exist the Board shall issue its Order authorizing and requiring the zoning and environmental control administrator of the City to remove the vehicle in question. Every such Order shall include a description of the vehicle and the correct identification number and license number of the vehicle if such information is available at the site where such vehicle is located. (e) In any public hearing held by the Zoning Board of Adjustment or other designated board pursuant to the provisions of subsection (a) of this section the board shall as to such hearing follow the procedures set forth in subsection (b) through (d) of this section. SECTION 3. THAT Section 16-377(b) of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: (b) I In the event such junk vehicle has not been removed andlthe public nuisance abated after due notice as set forth in:Sec. 16-375 of this Article, then in such event the zoning and environmental control officer of the City shall undertake the following action: (1) In the case of a public hearing requested pursuant,to the terms of Sec. 16-376(a) of this Article he shall on behalf of the City request that the board conducting the hearing enter an Order requiring the owner or other responsible person for such junk vehicle to remove said vehicle and further ordering and authorizing the City of Lubbock to remove said vehicle in the event said vehicle is not removed by the owner or other responsible person within five days from the date of said Order. - 3 - (2) Where no public hearing has been requested purs~ant to the terms of Sec. 16-376(a) of this Article said zoning and environmental control officer shall request a hearing pursuant to the terms of Sec. 16-376(b) of this Article seeking an Order to remove the junk vehicle in question. SECTION 4. Article XIII of the Code of Ordinances of the City of Lubbock is hereby amended by adding a new Section 16-380 to said Article which section shall read as follows: Sec. 16-380. The Zoning Board of Adjustment or other board designated by the City Council may adopt such rules governing the procedures for the conduct of hearing undertaken by said board not inconsistent with the terms of this Article. SECTION 5. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 16-369 of the City Code. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid fat any I reason, the remainder of this Ordinance shall not be affected the~eby. SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED Passed by City Council on first reading this 12th day of September 1985. Passed by City Council on second reading this lOth day of October 1985. APPROVED AS TO FORM: dft: R::. ~ ~ ~ City Attorney - 4 - ' THE STATE OF TI:•:XAS COUNTY OF LUBBOCK , M-2320-R33 Before me DorothY Russe I I a Notarv Public in and for Lubbock Countv. Texas on this dav personally appeared Twila Aufill' Account Men~u!er of the Southwestern 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 Le .E!a I Not 1 c e -------.,.-----,...-.....,..----No. 693393 at Lubbock County. Texas and the attached print- ed copy of the Le.E!i I Notice is a true copy of the original and was printed in the Lubbock Avalanche-.Journal on the following dates: October 18t25t 1985 117 words ~ 76t Per word = $88,92 Account Manal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this _2.5__ day of October . 19 as FORM58-10 ,t\ ~ ~~ f.JJ~ • ' DORotHY RUS~Ell Notary Public In And For lbe State Of Texa( lA~ ComJm~<;ion Eipire$ No'l. 9. 1988 • ! ,. •