Commissioners Court give 60 days notice to Junkyard & Salvage Yards to Comply with 2007 Ordinance

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court approved to give notice to a County Junkyard Operator to comply with the subdivision and/or deed restrictions prohibiting any junkyards within residentially-designated properties at Las Brisas Subdivision at their Thursday, June 11, 2015 special meeting.

The Eagle Pass Business Journal first reported on this junkyard problem within Maverick County on February 22, 2013, May 14, 2013, May 16, 2013, and most recently on May 13, 2015.

Jose Sanchez, a resident of Las Brisas Subdivision, and over 30 residents recently spoke up before Commissioners Court on May 13, 2015 to complain of a local junkyard which had illegally expanded into residential properties within the subdivision in violation of the subdivision’s deed restrictions and to request their assistance in ceasing this junkyard from continuing to violate local, County, and state laws regarding real property.

During 2007, Commissioners Court under former County Judge Jose A. Aranda, Jr. approved an Ordinance or regulations prohibiting junkyards from establishing within residential properties in the county. This Commissioners Court-approved Ordinance or resolution was filed with the Maverick County Clerk’s Office as an official action of Commissioners Court. However, when the Las Brisas Subdivision residents went to look for it at the County Clerk’s Office, a copy of the 2007 County Ordinance or Resolution was not found, causing Jose Sanchez and his fellow subdivision residents to go visit Maverick County Attorney Ricardo Ramos to assist them obtain an official copy of this 2007 County Ordinance or Resolution.

At the June 11, 2015 Commissioners Court meeting, County Judge David R. Saucedo called the agenda item to order and local attorney Heriberto Morales of Langley & Banack requested permission to address Commissioners Court.   “I am here with respect to item No. 4. I represent one of the junk yard operators and we are here on behalf of Langley & Banack and me and on behalf of the junkyard operator to just let the Commissioners Court know that we’re willing to work to address any issues that may be present and that we may need to finalize for the junkyard operator to continue working with respect to his business,” said Morales.

“From our end, it’s amicable and we want to assure that any concerns that the Commissioners Court has are addressed to their satisfaction and we have and that we assist the court as well as the public in making sure that they feel comfortable with the junkyard operation,” added Morales.

Commissioners Court opened agenda item No. 4 which called for an Order to regulate junkyards. Maverick County Legal Counsel Woody Wilson advised the Court that he was recommending that they move the discussion into executive session.

Commissioners Court proceeded to go into executive session to consult with their legal counsel over the junkyard issue being addressed at the time.

After returning into Open Session, Judge Saucedo proceeded to ask attorney Wilson if he might have a recommendation to the Court on the matter at hand.

Wilson noted that Commissioners Court had previously issued an Order in 2007 and asked if any Commissioner had any questions, which none did.

Judge Saucedo proceeded to ask if any Commissioner had a motion to make.

County Commissioner of Precinct 2 Rosy Cantu then made a motion on the agenda item no. 4 by stating: “My motion will be to have a notice sent to all the junkyards, automotive wrecking and salvage yards to come into compliance with the Order that Commissioners Court issued back in October 2007 within 60 days.”

Commissioner of Precinct No. 1 Jerry Morales seconded the motion and there was no further discussion and Judge Saucedo called for the vote and it was approved unanimously.

Commissioner of Precinct 3 Jose Luis Rosales was not present during the vote on agenda item No.4.

Commissioners Court have now issued notice to all junkyard, auto wrecking, and salvage yards that they have 60 days to comply with the County’s Order of 2007. Failure to comply with the County’s 2007 Order may result in the County and/or local residents taking legal action to enforce the 2007 Ordinance.