The URL can be used to link to this page

Home My WebLink AboutOrdinance - 2005-O0037 - Amending Chapt 2 "Junked Vehicle Compliance Board" Sect.13-376; Public Hearining - 03/24/2005First Reading r eb 24:. 2005 Item 18 Second Reading Aprill4, 2005 Item 12 ORDINANCE NO. 2005-oOOJ7 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ITY OF LUBBOCK, TEXAS, TO ADD ARTICLE XI, ENTITLED "JUNKED VEHICLE OMPLIANCE BOARD" AND TO AMEND CHAPTER 16, ARTICLE XIII, OF THE ODE OF ORDINANCES, ENTITLED "JUNKED VEHICLES," BY AMENDING ECTION 16-376 TO ALLOW PUBLIC HEARINGS PRIOR TO REMOVAL TO BE HELD EFORE THE JUNKED VEHICLE COMPLIANCE BOARD; PROVIDING A SAVINGS LAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock desires to create a citizen board for e purpose of holding the public hearings prior to the removal of junk vehicles which are urrently heard by the Zoning Board of Adjustment; NOW THEREFORE: E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT Chapter 2 of the Code of Ordinances of the City of Lubbock, exas, is hereby amended by adding Article XI which shalt be entitled "Junked Vehicle ompliance Board" and shall read as follows: "Sec. 2-285. Definition. For the purposes of this article "the board" shall mean the Junked Vehicle Compliance Board of the City of Lubbock, Texas. Sec. 2-286. Created. There is hereby created and established a board to be known as the Junked Vehicle Compliance Board. Sec. 2-287. Members; qualifications; tenure. The board shall be composed of five (5) members, who shall be appointed by the City Council and shall have officer of the city status. Initially, three members shall be appointed to two-year terms and two members shall be appointed to one-year terms. Future appointments shall be for a term of two (2) years or the remainder of an unexpired term. All members appointed shall be resident citizens of Lubbock at the time of their appointment and during their term of office. The Chief of Police or his designee shall be an ex officio member of the board, without voting privileges, and shall act in an advisory capacity to the board. Sec. 2-288. Conduct ofMeetings; Quorum. The board shall elect a chairman and shall adopt rules for the conduct of its meetings not inconsistent with Chapter 16, Article XIII and shall provide for not less than one meeting each month. Any three (3) of the five (5) voting members of the board shall constitute a quorum for the transaction of business before the board. Sec. 2-289. Duties. (a) The board shall conduct the public hearing required prior to the removal of a junk vehicle or part thereof as a nuisance under Chapter 16, Article XIII of the Code of Ordinances when such a hearing is requested by the owner or occupant of the public or private premises on which said vehicle is located; by the owner or occupant of the premises adjacent to the public right-of-way where Junked Vehicle Compliance Board Ordinance-Page 1 the vehicle is located; or by the zoning and environmental control administrator of the City of Lubbock. (b) The board shall in each case determine: (1) Whether the vehicle is a junk vehicle as defmed in Section 16-368; (2) Whether the vehicle is excepted under section 16-370; and (3) Whether the vehicle constitutes a public nuisance under section 16·374 and should be abated. (c) The board shall issue an appropriate order and may if necessary, issue an order under section 16-376 (d) authorizing and requiring the zoning and environmental control administrator of the city to remove the vehicle in question. Sec. 2-290. Decisions to be final and binding. The decisions of the Junked Vehicle Compliance Board pursuant to the authority granted to it by Article XI of Chapter 2 of the Code of Ordinances shall be final and binding as to the matter heard in such hearing. Sec. 2-291. Vacancies; removal. If, for any reason, any of the members of the board shall be unable to act, or shall resign from their respective positions, or shall be removed for any cause, then the City council shall appoint a successor or successors who shall fill out the unexpired term, or until respective successors shall be appointed. Any appointed member of the board may be removed as a member, with cause, by a majority of the City Council. Sec. 2-292--2-307. Reserved." Section 2. THAT Section 16·376 of the Code of Ordinances, City of Lubbock, Texas, entitled "Public Hearing Prior to Removal" 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 Junked Vehicle Compliance Board or any other board or commission designated by the City Council, when such a hearing is requested by the owner or occupant of the public or private premises on which said vehicle is located, or by the owner 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 of the vehicle, if available at the site. (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 Junked Vehicle Compliance Board or any other board or commission designated by the city Council, when a hearing is requested by the zoning and envirorunental control administrator of the City of Lubbock. Ten (10) 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 Junked Vehicle Compliance Boant Ordinance-Page 2 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 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 Junked Vehicle Compliance Board or any other board designated by the City council to hold such hearing said board shall in each case determine the following: ( 1) Whether or not the vehicle in question is a junk vehicle as defined in section 16-368 of the code of Ordinances ofthe City of Lubbock. (2) That the vehicle in question is not excepted from the provisions of this article by section 16-370 of the Code of Ordinances of the City of Lubbock. (3) That the vehicle constitutes a public nuisance as set forth in section 16-374 of the Code of Ordinances of the City of Lubbock and should be abated. (d) In every case where the board holding the public hearing as hereinabove provided finds that the factors set forth in subsection (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 Junked Vehicle Compliance Board 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 subsections (b) through (d) of this section." Section 3. THAT should any paragraph, sentence, clause, phrase or work of this rdinance be declared unconstitutional or invalid for any reason, the remainder of this rdinance shall not be affected thereby Section 4. THAT the City Secretary is hereby authorized to cause publication of the escriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Junked Vehicle Compliance Board Ordinance-Page 3 inda L. Chamales, Senior Attorney ffice Practice Section : ordinancesfcityatt/Lindal Junk Vehicle Board arch I 5, 2005 Junked Vehicle Compliance Board Ordinance-Page 4 RECEIVED .•. MAY 1 2 ZOOS --------'~L....z-~ ·-=--..,..q....,.,........,.....;___-r--____ at Lubbock County, Texas and the attached printed copy of the ~~~ff'oL..r....---.~~LU.o<~~~·9 Avalanche-Journal on the t COP'/ of the original and was printed in the Lubbock LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation NOT. :'f ~U~LIC in ~nd for :1 ~Jtf!1 My Comm1ss1on Exprres 'fl- Subscribed and sworn to before me this;;o.. ___ (j!il~--· --dat· J.bitkg 20()5 FORM 58-10 a LYNDA WEEMS Notli'Y pubftc, State of ~_. My Commlss\on Exptres 02-2Q-2008