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ORDINANCE NO. 2007-0730-1 |
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CITY OF MT. ENTERPRISE ORDINANCE NO. 2007-0730-1
RESTRICTING THE DENSITY OF TRAVEL TRAILERS AND/OR RECREATIONAL VEHICLES WITHIN THE CITY LIMITS PROVIDING FOR A PENALTY, FOR SEVERANCE; AND DECLARING AN EMERGENCY
WHEREAS, the Citizens of the City of Mt. Enterprise are concerned that the proliferation of travel trailers and/or recreational vehicles are creating a nuisance in the city.
WHEREAS, the City of Mt. Enterprise, Texas, deems it necessary to restrict the density of travel trailers and/or recreational vehicles within the incorporated City of Mt. Enterprise, Texas.
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MT. ENTERPRISE, TEXAS:
Section One (1): Definitions
When used herein “travel trailer” or “recreational vehicle” means a vehicle that is manufactured, built, or adapted for use as a temporary accommodation and which was originally adapted for towing or otherwise self propelled in order to be easily transported from place to place.
Section Two (2): Offenses
(a) A person commits an offense if that person maintains a public nuisance as determined under this section.
(b) A person who commits an offense under this section is, on conviction, subject to a fine not to exceed $500.00. On conviction, the Court shall order removal and abatement of the nuisance. (c) A person commits an offense of public nuisance, subject to the punishment herein above set out, if more than one (1) travel trailer or recreational vehicle is located on any one (1) city lot within the city limits of Mt. Enterprise, Texas. Notice of September 25th, 2007-City Attorney to draw up a new Ordinance to include mobile homes in one and to approve amending Ordinance #2007-0730-1A to go into effect September 25th, 2007 to limit proliferation to provide that no more than one travel trailer or RV per dwelling per family which shall consist of one mobile home or conventional home and if more than one continuous lot is owned than one per acre and any variances or circumstances could be granted but it must be provided upon proper petition to the City Council.
Section Three (3): Notice to Abate Nuisance
(a) Private Property - Whenever a public nuisance exists on private property within the City of Mt. Enterprise, Texas, the Building Official or Mayor of the City of Mt. Enterprise, Texas shall notify the owner of the lot, parcel or tract of land on which a travel trailer and/or recreational vehicle is located in violation of this ordinance, any lien holder of record and the owner or occupant of the private premises on which the public nuisance exists to abate the public nuisance. The notice shall state the nature of the public nuisance, order the addressee to remove and abate the public nuisance, order the addressee to remove and abate the public nuisance within ten (10) days and that a request for hearing must be made before expiration of the ten (10) day period. The notice must be mailed by certified mail with a five (5) day return requested to the person listed above. 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 less than ten (10) days after the date of return.
(b) Public Property - Whenever a public nuisance exists on public property or on a public right-of-way within the City of Mt. Enterprise, Texas, the Building Official or Mayor of the City of Mt. Enterprise, Texas, shall notify the registered owner of the lot, parcel or tract of land on which a travel trailer and/or recreational vehicle is located, any lien holder of record, and the owner or occupant of the public premises adjacent to the public right-of-way on which the public nuisance exists to abate the public nuisance. The notice shall state the nature of the public nuisance, order the addressee to remove and abate the public nuisance within ten (10) days and a request for hearing must be made before expiration of the ten (10) day period. The notice must be mailed by certified mail with a five (5) day return requested to the person listed above. 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 less than ten (10) days after the date of return.
Section Four (4): Public Hearing
If requested within the ten (10) days after service of the notice to abate the nuisance by the owner of the travel trailer and/or recreational vehicle constituting a public nuisance, or by the occupant of the public or private premises, or by the owner or occupant of the public or private premises, or by the owner or occupant of the premises adjacent to the public right-of-way, a public hearing must be held prior to the removal of the travel trailer and/or recreational vehicle constituting the public nuisance. The hearing shall be held before the City Council of the City of Mt. Enterprise, Texas. Any resolution or order requiring the removal of a travel trailer and/or recreational vehicle thereof shall include a description of the travel trailer and/or recreational vehicle, and the correct identification number and license number of the travel trailer and/or recreational vehicle, if the information is available at the site.
Section Five (5): Notice to State Department of Public Transportation
Not later than the fifth (5th) day after the date of removal notice shall be sent to the State Department of Highways and Public Transportation that the travel trailer and/or recreational vehicle thereof has been declared a public nuisance and removed. The notice must identify the travel trailer and/or recreational vehicle in question.
Section Six (6): Complaint
In the event a public nuisance is not removed and abated pursuant to the notice required herein, and in the further event no public hearing is required herein, and in the further event no public hearing is requested in the time provided in Sections 4A and 4B above, a complaint shall be filed by the Building Official or Mayor of the City of Mt. Enterprise, Texas, in an appropriate court.
Section Seven (7): Prohibition Against Reconstruction
After a travel trailer or recreational vehicle has been removed it shall not be reconstructed or made operable.
Section Eight (8): Exemption
Nothing herein shall authorize the City of Mt. Enterprise, Texas, to declare a travel trailer and/or recreational vehicle a public nuisance if it is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a travel trailer and/or recreational vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed dealer or junkyard, or an unlicensed, operable or inoperable antique or special interest travel trailer and/or recreational vehicle stored by a collector on a collector’s property, if the travel trailer and/or recreational vehicle and the outdoor storage area are maintained in a manner so 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.
Section Nine (9): Authority to Enforce
The Mayor of the City of Mt. Enterprise, Texas, or his duly authorized representative may enter private property for the purposes specified herein to examine a travel trailer and/or recreational vehicle, obtain information as to the identity of the travel trailer and/or recreational vehicle, and remove or cause the removal of the travel trailer and/or recreational vehicle that constitutes a nuisance. The Judge of the Municipal Court of the City of Mt. Enterprise, Texas, may issue orders necessary to enforce this ordinance.
Section Ten (10): Effect on Other Laws
Nothing herein shall prohibit the immediate removal of the travel trailer and/or recreational vehicle on public property or a public right-of-way which constitutes an obstruction of traffic.
Section Eleven(11): Penalty
Upon conviction for violation of any provisions of this article relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist, such violator shall be punished by a fine not exceeding $500.00 and each day that such nuisance shall continue after the time for abatement as herein set out shall constitute a separate offense.
Section Twelve (12): Severability
Should any section, paragraph, sentence, clause or provision of this ordinance be held invalid, unconstitutional or unenforceable as applies to a particular property, building, or structure therein, the same shall not be construed to affect any other valid portion of this ordinance, but all valid portions hereof shall remain in full force and effect. Section Thirteen (13): Effective Date
This ordinance shall be effective immediately from and after its date of its passage, an emergency being hereby declared. PASSED AND ADOPTED on July 30, 2007.
Harvey Graves, Mayor
ATTEST:
Rosena Becker-Ross, City Secretary
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