Ordinance: August 12, 2013

 

 ORDINANCE NO. 13-110

AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF FORT STOCKTON TITLED NUISANCES·, ARTICLE V. USED AUTOMOTIVE PARTS RECYCLING BUSINESSES & AUTO REPAIR BUSINESSES ON PRIVATE REAL PROPERTY AND PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, the City Council has detennined that the changes set forth would be in the best interest of the citizens of Fort Stockton.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT STOCKTON, TEXAS:

CHAPTER 16 -NUISANCES·

ARTICLEV. USED AUTOMOTIVE PARTS RECYCLING BUSINESSES

&

AUTO REPAIR BUSINESSES ON PRIVATE REAL PROPERTY·

Sec. 16-85. Wall or Screen Fence Required.

All used automotive parts recycling businesses must be enclosed on all sides (including front and rear) with a substantial and anchored wall or screen fence constructed as an adequate barrier. The wall or screen fence must be constructed such that the interior of the used automotive parts recycling business is not visible from the exterior.

Buildings, equipment necessary for daily operations and salvage or non-repairable oversized vehicles and any piles of crushed vehicles or salvage materials in compliance with the International Fire Code, as amended by the City, are excluded from this requirement.

Sec. 16-86. Height of Fence Requirement.

The wall or screen fence for used automotive parts recycling businesses located within 100′ ofa property with a residence thereon must be constructed or modified so that it is 8′ in height. The wall or screen fence for all other existing used automotive parts recycling businesses must be 6′ in height. All used automotive parts recyclers established after the effective date of this ordinance are required to maintain fences at least 8′ in height.

Any section of wall or screen fence located within J00′ ofa property with a residence thereon measured from property line to property line must be constructed or modified so that it extends at least 3″ into the ground or base surface (impermeable cover). Building up the surrounding ground to cover at least the lower 3″ of the section of wall or screen fence complies with this requirement.

Sec. 16-87. Maintenance ofFence.

All walls or screen fences must be maintained in a neat, solid, substantial and safe condition. No wall or screen fence must be kept in a listing, damaged, or decayed condition.

Sec. 16-88. Gates for Access.

Gates for access to the used automotive parts recycling business premises at each street or alley line must not have combined openings exceeding 30% of the alley or street frontage. All gates for access must not swing outward and must be kept closed when the used automotive parts recycling business is not open for business.

In the event ofa conflict between the fencing requirements ofthis division the most stringent requirement applies.

Sec. 16-89. Areas Used for Storing Used Automotive Parts/Accessories.

Each area utilized for the keeping or storing of used automotive parts and/or used accessories by an automotive business dealing in used parts and used accessories or each area that is utilized for the keeping, storing, dismantling, cutting up, stripping or otherwise wrecking of any discarded, abandoned,

junked, wrecked or otherwise disabled automotive vehicles upon any automotive wrecking and salvage yard or any automotive repair facility within the city shall be completely surrounded and enclosed by a

solid fence or wall as follows:

(I) Any side ofsuch yard which extends generally parallel to and within one hundred 100′ ofany public street right-of-way shall be bounded by a solid fence or wall at least 8′ in height

(2) All sides of such yard shall be bounded by a solid fence or wall at least 6′ in beight.

  • All repair work must be done indoors. No work can be done outside in the open air.
  • Under the law, even replacement and removal activities are considered repairs and are prohibited outside. This includes tire changing/repair, battery replacement and any other repair or service.
  • Auto shops cannot have bay doors facing a one or two-family residential district.
  • Driveways and parking spaces must be hard surfaced and dust free, except in instances where the street is unpaved.
  • No vehicle kept for repairs can be stored for more than 60 days from the date the vehicle is accepted for repair. The 60-day time limit may be extended to a total of 180 days from the date the vehicle is accepted for repair, if the process to obtain a lien on the vehicle has begun.

 

If you accept vehicl~ tbat are not repaired tbe same day or must be stored overnight or longer, they must:

  • Have no more than two vehicles stored per bay or work station after regular business hours. Any other vehicles must be parked indoors or behind a 6′ solid screening fence.
  • Hide all vehicles from view by either storing them inside a building, or behind a 6′ solid screening fence if your shop is within 200′ of residentially zoned area. The screening fence must run along all property lines facing the residential property.
  • All wrecked or dismantled vehicles must be stored in an enclosed building or completely enclosed behind a minimum 6′ solid screening fence, no matter how close you are to a residentially zoned area

 

Sec. 16-90. Display of Merchandise.

Busin~ cannot store or display any merchandise in the open or on the outside of their building. That includ~:

  • Displays or racks of rims, mags or wheels
  • Displays or stacks oftires
  • Automotive parts (transmissions, engines, mufflers, etc.)
  • Automotive accessories (toolboxes, bedliners, bedcovers, etc.)
  • Related auto accessories (jack stands, polishes, waxes, floor jacks, etc.)

 

Sec. 16-91. Unsightly, Unsanitary Conditions on Private Real Property.

a) It shall be the duty ofany person owning, claiming, occupying or having supervision or control of any such real property, as provided for in this article, to cut and remove all such weeds, brush and other objectionable or unsightly matter as often as may be necessary to comply with this article.

b) Uncut grass, weeds, or other objectionable or unsightly matter shall not be allowed to accumulate on any public right-of-way, nor shall such grass, weeds, or other objectionable or unsightly matter be deposited or allowed to be deposited into the storm sewer or sanitary sewer system.

c) It shall be unlawful for any owner or occupant of any property within the city to suffer or permit tree limbs, brush or unsightly vegetation to grow within one foot of the public street or alley adjacent to that private property.

d) It shall be unlawful for any owner or occupant of any property within the city to suffer or permit limbs, brush and other vegetation existing above a public street or alley to hang lower than 12′ above the alley or street pavement or seven feet above the sidewalk and other rights-of-way.

Sec. 16-92. Maintenance ofFences.

It shall be unlawful for any owner’or occupant ofland to maintain a fence described as follows:

a) Such that any portion of the fence is more than 15 degrees out of vertical alignment.

b) Such that there are broken, loose, damaged, removed or missing parts (i.e. pickets, slats, posts, wood rails, bricks, panels). Replacement or repair of fence shall be made with comparable materials of comparable composition, color, size, shape and quality of the original fence to which the repair is being made. Products manufactured for other uses including but not limited to plywood, corrugated steel, or fiberglass panels are prohibited as fencing materials.

c) Braced by guy wires, braces or any other material that may be viewable from any public streets, rights-of-way, alleyways, or property and easements over which the City or the general public has dominion and control.

d) With symbols, writings, or graffiti on it, except those which are permitted as a sign under Title IS, Chapter lSI of the Code ofOrdinances or which pertain to the address ofthe property.

Sec. 16-93. Enforcement.

Any person who violates the Ordinance is guilty ofa misdemeanor and upon conviction shall be punished by a fine of not less than $200.00 and not more than SI,OOO.OO. Each day that one or more of the provisions in this Ordinance is violated shall constitute a separate offense. In addition, suitable assurance must be given to the City of Fort Stockton that the same action shall not be repeated while the Ordinance is in effect.

Sec. 16-94.-Sec:.16-100. Reserved

It is the intention of the City Council of the City of Fort Stockton that if any phrase, sentence, section, or paragraph of this Ordinance shall be declared unconstitutional or otherwise invalid by final judgment of a court of competent jurisdiction, such unconstitutionally or invalidity shall not affect any of the remainder of this ordinance since the same would have been enacted by the City Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or paragraph.

The importance of this Ordinance is of public necessity and shall become effective immediately for and after its passage and publication, as required by law.

It is ordered and ordained that this ordinance take effect immediately upon its passage and publication, as required by law.

PASSED, APPROVED AND ADOPTED TIllS THE 12TH DAY OF AUGUST, 2013.

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Raul B. Rodriguez, City Manager

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