ORDINANCE NO. WHEREAS, Chapter 46, Article III of the Code of Ordinances of the City of Clute, as amended,

Transcription

1 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 46, ARTICLE III, NUISANCES, OF THE CODE OF ORDINANCE OF THE CITY OF CLUTE, TEXAS; ADOPTING A NEW CHAPTER 46, ARTICLE III REGULATING CONDITIONS OF NUISANCE IN THE CITY OF CLUTE, TEXAS; AN ORDINANCE RECODIFYING CHAPTER 110, ARTICLE VI, JUNK VEHICLES AND CHAPTER 110, ARTICLE VII, AUTOMOTIVE REPAIR YARDS, AUTOMOTIVE STORAGE YARD, AUTOMOTIVE WRECKING AND SALVAGE YARDS, AND RENUMERATING THOSE PROVISIONS AS CHAPTER 46, ARTICLE III, DIVISION 3; CONTAINING A PREAMBLE; CONTAINING DEFINITIONS OF TERMS USED IN THIS ORDINANCE; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; MAKING IT AN OFFENSE FOR VIOLATION OF THIS ORDINANCE; CONTAINING A PENALTY CLAUSE AND THAT EACH AND EVERY OCCURRENCE SHALL CONSTITUTE A SEPARATE OFFENSE; CONTAINING A SEVERANCE CLAUSE; CONTAINING A REPEALER CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FROM AND AFTER ITS DESCRIPTIVE CAPTION HAS BEEN PUBLISHED TWICE IN THE BRAZOSPORT FACTS. WHEREAS, Chapter 46, Article III of the Code of Ordinances of the City of Clute, as amended, regulates conditions of nuisance within the City in order to protect the health, safety, welfare, and good order of the City and its inhabitants; and WHEREAS, Chapter 110, Article VI of the Code of Ordinances of the City of Clute, as amended, regulates junk vehicles; and WHEREAS, the City Council desires to move regulations regarding junk vehicles under the provisions related to nuisances, and re-enumerate the existing provisions for junk vehicles within Chapter 46, Article III; and WHEREAS, it is the intent of the City Council to insure good public health, safety, welfare, sanitary conditions, good order, and peaceful enjoyment of all persons in the City of Clute through good governance and preventing persons from placing an undue burden on others to enjoy good 1

2 public health, safety, welfare, sanitary conditions, good order and peaceful enjoyment within the City whenever possible; and WHEREAS, the City's interest in regulating conditions of nuisance should and does take into account the constraints set by the Texas and United States Constitutions and applicable statutes, and this ordinance is intended to be interpreted as consistent with all such constraints; and WHEREAS, pursuant to Texas Local Government Code Ann the City is authorized to adopt regulations that are for the government, peace, or order of the City; and WHEREAS, upon further review and consideration of the language of Chapter 46, Article III the City Council has determined that additional regulation is necessary for the good governance, peace and order of the City; and WHEREAS, City Council finds that this Ordinance was adopted at a meeting which was open to the public and preceded by proper notice, as required by Chapter 551 of the Texas Local Government Code (the Open Meetings Act); and WHEREAS, the City has previously adopted and amended Ordinances related to Nuisance and now desires to restate and amend these regulations in the manner set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLUTE, TEXAS: First, the findings and recitations set out in the preamble to this ordinance are found to be true and correct and they are hereby adopted by the City Council and made part hereof for all purposes. Second, the provisions of Chapter 110, Article VI, Junk Vehicles shall be moved, and reenumerated as Chapter 46, Article III, Junk Vehicles, as set forth below; and 2

3 Third, Chapter 110, Article VI, shall be reserved for future ordinance amendments; and Fourth, Section 46 Article III of the Code of Ordinances of the City is hereby repealed, revised, rewritten and new provisions added so that hereafter Section 46, Article III entitled NUISANCES, shall read as follows: ARTICLE III NUISANCES DIVISION 1 - GENERALLY SECTION Prohibition Generally. It shall be unlawful for any person to maintain or cause or permit any nuisance upon any property owned or under his control which adversely affects the public health, safety, welfare, sanitary conditions, good order, or peaceful enjoyment of all persons in the City. SECTION RESERVED DIVISION 2 HEALTH AND SANITATION SECTION Health and Sanitation Nuisances. (A) The following conditions considered violations of Code of Ordinances of the City are deemed to be a nuisance under this Article: (1) Restroom facilities in violation of Section 58.04; (2) Violations noted in an inspection report form as set forth in Section 58-40; (3) Disease transmission from any food establishment employee as described in Section 58-43; (4) Conditions which permit mosquitoes to breed as described in Section 58-76; (5) Violation of Section related to Industrial debris or waste; (6) Violation of Section related to accumulations and vegetation; (7) Violation of 94-5 related to placing, storing or scattering waste material; 3

4 SECTION RESERVED DIVISION 3 PEACEFUL ENJOYMENT SECTION PEACEFUL ENJOYMENT. (A) The following conditions considered violations of Code of Ordinances of the City are deemed to be a nuisance under this Article: (1) Violation of provisions contained in Chapter 46, Article II, Noise; (2) Violation of Section 18-3 allowing an animal to run at large; (3) Violation of Section 18-4 related to damage caused by an animal while restrained or at-large; (4) Violation of Section 18-6(A) related to vicious animals; (5) Violation of Section 18-7(3) related to sanitary conditions keeping animals; (6) Violation of Section related to animal nuisance; (7) Violation of Section related to animal restrictions; (8) Violation of Section related to dead animals; (9) Violation of Section related to dangerous dogs; (10) Violation of Section related to keeping livestock; (11) Violation of Section related to vaccination of livestock. SECTION ZONING VIOLATIONS AS NUISANCE. SECTION RESERVED DIVISION 4 JUNKED VEHICLES SECTION Definitions. 4

5 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique vehicle means a passenger car or truck that is at least 25 years old. Collector means any 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. Demolisher means any person whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle motor vehicles. Junked vehicle means a vehicle as defined in item (9) of V.T.C.A Transportation Code that is self-propelled and inoperable and: (1) Does not have lawfully attached to it: a. An unexpired license plate; and b. A valid motor vehicle inspection certificate; and (2) Is wrecked, dismantled or partially dismantled, or discarded; or (3) Is inoperable and remained inoperable for more than: a. Seventy-two consecutive hours, if the vehicle is on public property; or b. Thirty consecutive days, if the vehicle is on private property. Special-interest vehicle means any motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historical interest, is being preserved by a hobbyist. SECTION Administration of Article. 5

6 The administration of this article shall be by regularly salaried, full-time employees of the City; except that the removal of vehicles or their parts from property may be by any other duly authorized person. SECTION Purview of Article. It is not intended by this article to make provisions pertaining to abandoned motor vehicles as that term is defined in V.T.C.A., Transportation Code SECTION Where Article Does Not Apply. This article shall not apply to: (1) A vehicle or part of a vehicle completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (2) A vehicle or part of a vehicle stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or, (3) An antique or special-interest vehicle stored by a motor vehicle collector on the collector's property if the vehicle or part and the outdoor storage area, if any, are: a. Maintained in an orderly manner; b. Not a health hazard; and c. Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery. SECTION Junked Vehicles Declared a Public Nuisance. Junked vehicles located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an 6

7 unattractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state by producing urban blight, which is adverse to the maintenance and continuing development of the municipalities in the state; and such vehicles are therefore declared to be a public nuisance. Pursuant to the authority of V.T.C.A., Transportation Code (e), a code enforcement officer or other employee of the city authorized to administer the procedure under this article may enter private property to examine a public nuisance, and to obtain information to identify the nuisance (such as obtaining the vehicle identification number, license plate number, registration information, or inspection sticker information). SECTION Unlawful to Create or Maintain a Nuisance. It shall be unlawful for any person to leave or permit to remain upon public or private property (except as hereinafter provided) within the city any junked vehicle or parts or portion of such vehicle which constitutes a public nuisance as described in Section 46.64, for any period of time in excess of ten days. SECTION Notice of Existence of Junked Vehicle Nuisance; Civil Abatement Hearing The code enforcement officer shall give not less than ten days' written notice to the last known registered owner of the junked vehicle, any lienholder of record and the owner or occupant of the private premises, public property or premises adjacent to the public right-ofway in question, as the case may be, stating the nature of the public nuisance, that it must be removed and abated not later than the tenth day after the date on which the notice was personally delivered or mailed. If the post office address of the last known registered owner of the junked vehicle is unknown, such notice may be posted on such vehicle or, if the owner is 7

8 located, hand delivered. If such notice is returned by the post office as undelivered, action to abate the nuisance shall be continued to a date, not earlier than the 11th day after the date of such return. All written notices under this article shall be by United States certified mail, with a five-day return receipt requested or by United States mail with signature confirmation service except when the post office address of the last known registered owner of the junked vehicle is unknown, and then the written notice for the registered owner may be personally delivered by posting on such vehicle or, if the registered owner is located, by hand delivery to such owner. All written notice shall include a copy of this article. If timely requested by a person entitled to notice under this article by the date by which the nuisance must be removed after notice under subsection (1), a public hearing shall be held by the city manager, or his designee (who may not be the building official or code enforcement officer, or anyone that is supervised by the building official or code enforcement officer), prior to the removal of the junked vehicle or part thereof as a public nuisance; but such hearing shall not be held earlier than the 11th day after the date of mailing personal delivery or return undelivered of the notice required by subsection (1), as the case may be. The designation of someone other than the city manager to conduct such hearing shall be in writing, signed by the city manager and filed with and maintained by the city clerk in the permanent records of the city. The junked vehicle shall be presumed to be inoperable, unless demonstrated otherwise by the owner at the public hearing. At the public hearing the city manager, or his designee, shall determine whether the vehicle subject of the public hearing is a junked vehicle that is a nuisance under Section At the conclusion of such public hearing the city manager or his designee shall sign a written order stating such determination, and if a nuisance was found to exist, requiring removal of the nuisance. The written order shall include the following information, if available, concerning 8

9 the nuisance; the junked vehicle's description, vehicle identification number and license plate number. SECTION Service of Order to Abate Junk Vehicle Nuisance; Failure or Refusal to Comply. A certified copy of any order of the city manager, or his designee, made at the conclusion of the public hearing, requiring the removal of a junked vehicle or part thereof, shall be delivered to those entitled to notice under and in the manner specified in subsection (1) of Section It shall be unlawful and a violation of this article for any such person to whom such order is given to fail or refuse to comply with such order and to remove such junked vehicle within the time provided by such order. SECTION Order and Duty of Owner or Occupant to Comply with Order when Hearing Not Requested; Failure to Comply. If a public hearing has not been requested, the city manager or his designee shall nevertheless review the documentation and information available to verify that it meets the requirements of this article, and, if so, shall thereafter sign a written order finding that a nuisance exists and requiring removal of such nuisance. The written order shall include the following information, if available, concerning the nuisance: the junked vehicle's description, vehicle identification number and license plate number. It shall be the duty of the owner or occupant of any premises on which there is located a junked vehicle or part thereof, with respect to which an order for removal as a public nuisance has been made by the city manager, or his designee, pursuant to subsection (2) of Section 46.66, to remove such junked vehicle or part thereof from such premises within ten days after the delivery of a certified copy of such 9

10 order as provided in subsection (1) of Section 46.67, after which time any person may file a complaint in municipal court for the violation of maintaining a public nuisance on such premises by allowing such junked vehicle or part thereof to remain on such premises. SECTION Relocation of Junked Vehicle. It shall be unlawful for the owner or occupant of any premises, to whom written notice has been given under Section 46.66, to relocate the junked vehicle which is the subject of such notice to another location within the city if such vehicle constitutes a public nuisance at the new location. SECTION Affirmative Defense. It shall be an affirmative defense to a prosecution under either Section or Section if a decision favorable to the owner or occupant in question has been rendered at the public hearing conducted pursuant to subsection (1) of Section SECTION Vehicle Not to be Made Operable. After a vehicle has been removed in accordance with or under the term and provisions of this article, it shall not be reconstructed or made operable. SECTION State Department of Transportation. Within five days after the date of removal of any junked vehicle or part of the vehicle pursuant to the provisions of this article, the code enforcement officer of the city shall give notice to the state department of transportation, identifying the vehicle or part removed. SECTION Removal of Vehicle by City. Not earlier than the 11th day after a certified copy of any order of the city manager, or his designee, made at the conclusion of the public hearing required by subsection (2) of Section 4.66 has been delivered to those persons or entities entitled to notice under subsection 10

11 (1) of Section 4.66, if the nuisance described in such order has not been abated, the code enforcement officer, at the direction of the city manager, or his designee, expressed in such order, shall remove or cause the junked vehicle or part thereof creating the nuisance to be removed to a scrap yard, demolition yard, or to a suitable site operated by the city or county that satisfies the requirements of V.T.C.A., Transportation Code The code enforcement officer or any other person authorized to administer the procedures of this article shall have the authority, pursuant to V.T.C.A., Transportation Code (e) to enter private property to remove or direct the removal of the nuisance. SECTION Sale or Disposal of Vehicles. It shall be the duty of the code enforcement officer to dispose of the junked vehicle by removal to a scrap yard or by sale to a demolisher for the highest bid or offer received for the vehicle, or to remove the vehicle to any suitable site operated by the city or county for processing as scrap, salvage or for demolition in accordance with V.T.C.A., Transportation Code SECTION Disposition of Proceeds of Sale and of Unsold Vehicle. Out of the proceeds of the sale of a junked vehicle, if any, the code enforcement officer shall pay for the cost of removal and storage; and the balance, if any, shall be paid to the person entitled to the vehicle (either owner or lienholder). If there is not a bid or offer for the junked vehicle, the code enforcement officer may dispose of the vehicle by causing it to be demolished or removed to a place provided by the city council, or by permitting it to be removed by a demolisher who is willing to do so for the benefit of the junk or parts he can salvage. SECTION Relocation Has No Effect on Abatement Proceedings. 11

12 The relocation of a junked vehicle that is a public nuisance to another location in the city after a proceeding for the abatement and removal of such public nuisance pursuant to the provisions of this chapter has commenced has no effect on such proceeding if the junked vehicle constitutes a public nuisance at the new location. SECTION Prosecution in Court as Alternative to Civil Abatement. In addition to the other procedures set out in this article, a criminal complaint may be filed by a code enforcement officer in the municipal court under Section against any person who has received notice under Section to remove and abate a junked vehicle but who has not removed and abated such junked vehicle by the date on which this article requires abatement and removal after notice. On the conviction of any defendant for a violation of Section 46.65, the court shall order abatement and removal of the nuisance junked vehicle which was the subject of the charge, in accordance with V.T.C.A., Transportation Code SECTION RESERVED DIVISION 5 AUTOMOTIVE REPAIR YARDS, AUTOMOTIVE STORAGE YARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS. SECTION Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automotive repair yard means any tract or parcel of land whereon three or more automotive vehicles, including but not limited to autos, trucks, tractor-trailers and buses, are kept in 12

13 compliance with the applicable requirements of all other ordinances of the city for the purpose of repairing such automotive vehicles. Automotive storage yard means any tract or parcel of land forming no part of an automotive repair yard or automotive wrecking and storage yard used by a wrecker company exclusively for storage of vehicles in compliance with the applicable requirements of all other ordinances of the city and such automotive storage yard is surrounded by a solid fence or wall satisfying the requirements of such other ordinances. Automotive wrecking and salvage yard means any tract or parcel of land on which three or more discarded, abandoned, junked, wrecked or worn-out automotive vehicles, including but not limited to autos, trucks, tractor-trailers and buses, are kept or stored in compliance with the applicable requirements of all other ordinances of the city, for the primary purpose of disassembling, dismantling, cutting up, stripping or otherwise wrecking such automotive vehicles to extract from such vehicles parts, components or accessories for sale of or use in an automotive repair or rebuilding business. Junked or wrecked automotive vehicle carries its ordinary meaning, but shall not include any vehicle to which only mechanical repairs are being made or intended to be made and having no external body damage. Solid (in reference to sight barriers) means constructed and maintained so that the outer surface is continuous and without interstices, gaps, spaces or holes. Construction must be of approved, acceptable and conventional materials. SECTION Draining and Removal of Oil, Gasoline and Other Flammable Liquids. All oil, gasoline and other flammable liquids shall be completely drained and removed from any junked, wrecked or abandoned automotive vehicle before it is placed in any 13

14 automotive repair yard, automotive storage yard or automotive wrecking and salvage yard within the corporate limits of the city. SECTION Solid Fence or Wall. (a) Required. Every automotive wrecking and salvage yard and automotive storage yard within the corporate limits of the City, and that portion of any automotive repair yard located in the city, in which any junked or wrecked automotive vehicle is kept or stored shall be completely surrounded and enclosed by a solid fence or wall as follows: (1) All sides of such yard shall be bounded by a solid fence or wall at least eight feet in height. (2) All sides of such yard not included in subsection (a)(1) of this section shall be bounded by a solid fence or wall at least six feet in height. (b) Construction and maintenance. Every fence or wall required in this section shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry or any combination. (2) All fences or walls shall extend downward to within three inches of the ground and shall test plumb and square at all times. (3) All fences and walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Building included as part. Any part of a fence or wall required in this section may consist in whole or in part of a solid wall and door, or wall and doors of any completely enclosed building on the premises if such wall or door meets all construction requirements of this section. 14

15 (d) Building included as part. Any part of a fence or wall required in this section may consist in whole or in part of a solid wall and door, or wall and doors of any completely enclosed building on the premises if such wall or door meets all construction requirements of this section. SECTION Access to and Inspection of Premises. All automotive vehicles, parts and other materials located in or on the premises of any automotive repair yard, automotive storage yard or automotive wrecking and salvage yard in the city shall be so arranged to allow reasonable access to and inspection of the premises by authorized fire, health, police, code and building officials of the city. SECTION RESERVED DIVISION 6 ABANDONED CORPOREAL PERSONAL PROPERTY SECTION Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned property means any corporeal personal property in which the owner has relinquished all of his right, title, claim and possession with the intention of not reclaiming such property or resuming its ownership, possession or enjoyment. Contraband means any corporeal personal property the laws of the United States or the state have made illegal to possess or sell. Highest responsible bidder means the person bidding the most money for any corporeal personal property sold pursuant to the provisions of this division who tenders to the chief of police the 15

16 sum of money so bid by him within a period of 24 hours next following the conclusion of any such sale. Motor vehicle means any vehicle subject to registration pursuant to the Texas Certificate of Title Act, codified as V.T.C.A., Transportation Code Chapter Owner means any person having an interest in or title to any property, real, personal or mixed, and includes a person entitled to the use and possession of any such property as owner, invitee, permittee, licensee, tenant, lessee or bailee. SECTION Presumptive Evidence. (a) In any action at law or in equity involving this division, proof in any court of competent jurisdiction that any corporeal personal property was placed, left standing, parked, erected or lying within the city on any public street, alley, sidewalk, easement or right-of-way, public property or public place, or on any private real property without the consent of the owner of such real property or on any private real property on which there is situated any structure that has been condemned in accordance with the constitution and laws of the state and the Charter and ordinances of the city for a period of 24 hours or more shall be prima facie proof that the owner of such corporeal personal property so placed the same or left the same so standing, parked, erected or lying with the intention of relinquishing all right, title, claim and possession in such property and with the intention of not reclaiming such property or resuming its ownership, possession or enjoyment. (b) In any action involving this division tried in any court of competent jurisdiction, proof that any corporeal personal property, except whiskey, wine and beer, seized by any police officer of the city, which is not held as evidence to be used in any pending case and has not been ordered destroyed or returned to the person entitled to possession of the same by a magistrate, 16

17 has remained unclaimed or abandoned for a period of 30 days following its seizure shall be prima facie proof that its owner has relinquished all right, title, claim and possession, with the intention of not reclaiming such property or resuming its ownership, possession or enjoyment. SECTION Abandoned Corporeal Personal Property Declared a Public Nuisance. Any abandoned corporeal personal property placed, left standing, parked, erected or lying within the city on any public street, alley, sidewalk, easement or right-of-way, public property or public place, or on any private real property without the consent of the owner of such real property, or on any private real property on which there is situated any structure that has been condemned in accordance with the constitution and laws of the state and the Charter and ordinances of the city, is hereby declared to be a public nuisance, which shall be summarily abated and removed by any duly constituted police officer of the city, who shall thereafter cause the same to be impounded in accordance with the provisions of this division. SECTION Exceptions. S This division shall not apply to the following classes of personal property: (1) Any motor vehicle. (2) Any whiskey, wine or beer seized by any peace officer and subject to disposition under the provisions of the Texas Alcoholic Beverage Code. (3) Any corporeal personal property that has been ordered destroyed or returned to the person entitled to its possession by the order of any court of competent jurisdiction. (4) Any corporeal personal property the disposal of which is controlled, regulated or governed by a law of the United States or of the state. SECTION Impoundment; Fees for Storage. 17

18 All abandoned corporeal personal property subject to the provisions of this division and in the possession of any officer, agent, servant or employee of the city shall be delivered to and impounded by the chief of police, who shall store the same subject to the disposition thereof pursuant to the terms and provisions of this division. With respect to each item of corporeal personal property impounded by the chief of police, the following fees shall be charged: (1) The actual expenses incurred in taking and impounding such property or $1.00, whichever is greater. (2) The actual expenses incurred in storing such property or $1.00 per 24-hour period or fraction thereof, whichever is greater. (3) The actual cost of preparing notices of sale, posting notices of sale and selling each item of property or $5.00, whichever is greater. (4) The actual cost incurred for newspaper advertisement of any sale; however, where more than one item of such property is advertised in a single notice, the cost of publication shall be prorated equally between all items included within such single notice. SECTION Fixing a Lien on Impounded Corporeal Personal Property. A lien for all costs incurred in the impounding, storing and sale of corporeal personal property pursuant to the provisions of this division shall exist and inure to the benefit of the city and any person involved in the impounding, storing or sale of the property at the request of the chief of police. Such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes; and the chief of police may retain possession of such property until all such costs are paid and may sell the same as provided in this division. SECTION Redemption of Impounded Property. 18

19 The owner of any corporeal personal property impounded by the chief of police pursuant to the provisions of this division may redeem the same as follows: (1) Before sale, by paying all of the fees authorized that have been incurred up to the time of such redemption. (2) After sale, by paying to the purchaser at such sale, double the amount paid by the purchaser for such personal property and any reasonable expenses incurred by the purchaser for keeping the same prior to redemption; however, the property shall be redeemed from the purchaser within 30 days after the date of sale (excluding the date of sale); otherwise, title to such property shall become absolute in the purchaser. SECTION Sale of Impounded Property. (a) Authorized. When any corporeal personal property subject to the provisions of this division is not redeemed within 30 days after being impounded, it may be sold by the chief of police in accordance with the provisions of this division. (b) Notice. Before selling any corporeal personal property subject to the provisions of this division, the chief of police shall post three notices of sale, one at the courthouse door of the county courthouse in the City of Angleton, Texas, one at the bulletin board in the city hall of this city on which notices of public meetings are posted, and one at the United States post office located in this city. Additionally, he shall cause a copy of such notice to be published in the official newspaper of the city or a newspaper of general circulation within the city once a week for two consecutive weeks, the date of the first publication to be at least 14 days prior to the day of sale. Such notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will be sold, designate the place of sale, the manner of sale and state a time and date of sale which shall be not less than 14 days from the date of the first 19

20 publication of such notice and not less than 14 days from the date of the first posting of such notice. (c) Procedure. When any corporeal personal property subject to the provisions of this division that has been impounded by the chief of police pursuant to the provisions of this division is not redeemed by the date and time designated in the notice of sale provided for in this division, the chief of police shall sell such property at public auction to the highest responsible bidder. Such sales may be held at the city hall, or at any other place at which the property being sold is impounded. If no person qualifies as the highest responsible bidder at any such sale with respect to any item of property, such sale shall be void with respect to such item of property which may thereafter be offered for sale at any subsequent sale upon complying with the notice provisions of this division. Any bill of sale issued by the chief of police shall recite the right of redemption available to the owner under the provisions of this division. (d) Disposition of proceeds. Out of the proceeds of the sale of any item of corporeal personal property sold pursuant to the provisions of this division, the chief of police shall first pay into the general fund of the city a sum of money equal to the fees authorized to be charged by the provisions of this division; and the remainder of such proceeds, if any, shall be paid into a special fund and held for the benefit of the owner of such property subject to the escheat laws of the state. SECTION Disposal of Corporeal Personal Property Seized by Police Department. Any corporeal personal property seized by the department of police or which otherwise comes into the possession of the department of police may be disposed of in the following manner when, in the discretion of the chief of police, such property is no longer required to be held by the department of police as evidence or for any other purpose: 20

21 (1) If the owner is known, such owner shall be given notice at his last known address by first class mail. If such owner fails to redeem his property within 30 days from the date of such notice, such property shall be thereafter treated as impounded under sections (2) If the owner is unknown, at any time after 30 days that such property comes into the possession of the department of police, such property may be treated as impounded under sections SECTION Destruction of Contraband. Except as otherwise provided by law, any contraband seized by officers of the department of police or placed in the possession of the department of police or any corporeal personal property that cannot be disposed of under other provisions of this division or by the provisions of any other applicable law, may be destroyed when, in the discretion of the chief of police, such contraband or other property is no longer required to be held by the department of police as evidence or for any other purpose. SECTION NUISANCE REMEDIES. A violation of this chapter is a nuisance. The prosecution of an offense under this chapter does not limit the City s right to abate the nuisance, including the use of injunctive relief. Fifth, it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgement or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. 21

22 Sixth, all Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. Seventh, this ordinance shall take effect and be in force from and after the descriptive caption of this ordinance has been published twice in the Brazosport Facts. READ, PASSED AND ADOPTED this day of, Calvin Shiflet, Mayor, City of Clute, Texas ATTEST: APPROVED AS TO FORM ONLY: Rosie Poitevint, City Clerk, City of Clute, Texas Christopher Duncan, City Attorney, City of Clute, Texas 22