The words and phrases used in this article, unless the context otherwise indicates, shall have the following meanings:
Abate.
To repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
Building materials.
Includes lumber, plumbing materials, wallboard, sheetmetal, plaster, brick, cement, asphalt, sand, base, concrete block, roofing materials, cans of paint and similar materials.
Dispose.
To discharge, deposit, inject, dump, spill, leak, or place junk, garbage, rubbish, refuse, or other solid waste into or on land or water.
Enforcement officer.
The city official or employee designated as such by the city council, or his or her designee.
Garbage.
All decayable wastes from public and private establishments and restaurants, including but not limited to vegetable, animal, fish offal and animal and fish carcasses.
High grass.
All varieties of ornamental grasses normally cultivated and/or manicured for purposes of ground cover, landscaping, erosion control, or forage for domesticated livestock that have grown to a height of more than 12 inches, or, regardless of height, may create a fire hazard or an unsanitary condition, or become a harborage for rodents, vermin, or other disease-carrying pests.
Junk.
All worn-out or worthless material or discarded material, including odds and ends, iron or other metal, glass, cordage, and unused vehicles or equipment, or parts thereof.
Lot.
Any tract of land located within a platted subdivision. A lot shall include, in addition to land within its boundaries, all land adjacent to and extending beyond the property line to the curbline of adjacent streets, and, where no curbs exist, to the existing street surface, and all land lying between the property line and the center of adjacent alleyways.
Neighborhood.
A platted subdivision, or property contiguous to a platted subdivision and within 100 feet thereof, or property adjacent to a public street and within 100 feet thereof.
Parcel.
Any tract of land which is not part of a platted subdivision, and shall also include, in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curbline of adjacent streets, and, where no curb exists, to the existing street surface, and all land lying between the property line and the centerline of adjacent alleyways.
Person.
Any natural person, corporation, government or governmental subdivision or agency, estate, trust, partnership or association, limited liability company, two or more natural persons having a joint or common interest, or any other legal or commercial entity, whether acting by themselves or by an agent or employee thereof.
Platted subdivision.
A subdivision that has its approved or unapproved plat recorded with the county clerk or the city and is described in lots and blocks in lieu of strictly metes and bounds.
Premises.
Any building, lot, parcel, real estate or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
Property.
Any object of value that a person may lawfully acquire and hold.
Public street.
The entire width between property lines of a road, street, way, thoroughfare, or bridge if any part of the road, street, way, thoroughfare, or bridge is open to public or private vehicular or pedestrian traffic.
Receptacle.
A container that is composed of durable material and designed in a way that prevents the discharge of its contents and makes its contents inaccessible to animals, vermin, or other pests.
Refuse.
Garbage, rubbish, paper, and other decayable and nondecayable waste from a public or private establishment, residence, lot, or parcel, including vegetable matter and animal and fish carcasses, with the exception of neatly stacked brush piles.
Responsible person.
Any agent, lessee, owner or other person occupying or having charge or control of any premises.
Rubbish.
All nondecayable or solid wastes from a public or private establishment, residence, lot, or parcel.
Weeds.
All rank and uncultivated vegetable growth or matter that has grown to more than 24 inches in height, or, regardless of height, may create an unsanitary condition or become a harborage for rodents, vermin, or other disease-carrying pests, or that may create a fire hazard, but excluding shrubs, trees, bushes or vines.
(2002 Code, sec. 8.201)
(a) 
Any person violating this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(b) 
Any person violating this article is subject to a suit for injunction as well as prosecution for criminal violations.
(2002 Code, sec. 8.208)
The following is a nonexclusive enumeration of public nuisances subject to the provisions of this article:
(1) 
Keeping, storing, or accumulating refuse on premises within the territorial limits of the city unless the refuse is entirely contained in a closed receptacle.
(2) 
Keeping, storing, or accumulating rubbish or any unused, discarded, or abandoned object, including newspapers, vehicles, refrigerators, stoves, furniture, tires, and cans, on premises within the territorial limits of the city unless the rubbish or object is completely enclosed within a building or is not visible from a public street or public area, or private property under other ownership.
(3) 
Maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests or organisms.
(4) 
Allowing high grass and/or weeds to grow on any premises, with the exception of:
(A) 
Vegetation cultivated for the purpose of animal grazing or crops within a fenced parcel; or
(B) 
Lots or parcels zoned as RR, AG, or DR according to the zoning regulations of the city; but in no event shall any high grass or weeds be allowed within fifteen (15) feet of any public right-of-way.
(5) 
Maintaining any premises in a manner that is unsafe or constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, fire hazard, disaster, or abandonment.
(6) 
Any object, item, situation, or condition specifically identified as a public nuisance in any other statute or ordinance which the city is responsible for enforcing.
(7) 
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, to wit: the erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any street, avenue, alley, park, parkway, parcel, lot, premises or other public or private place in the city of any one or more of the following conditions or acts to the prejudice, danger or annoyance or others:
(A) 
Accumulations of refuse, rubbish, or manure, except a compost or brush pile covered or concealed so as not to affect the health, safety, or depreciation of adjoining property.
(B) 
Any outdoor burning of any material of any kind or nature, including but not limited to garbage, junk, refuse, rubbish, weeds, or building material, inconsistent with the Texas Clean Air Act, Texas Health and Safety Code, chapter 382, and the rules, regulations, or orders of the state commission on environmental quality pursuant to said act, including but not limited to title 30 Texas Administrative Code, sections 111.201 through 111.221. The city hereby designates Travis County Emergency Services District No. 6, Hudson Bend Fire Department, as the local governmental agency for notification before any outdoor burning may be conducted within the territorial limits of the city.
(C) 
Disposal, use, or storage of dirt, soil, mud, or loam in such a manner as to permit such material being deposited on any public street or alley of the city so as to create a condition annoying or injurious to the health, comfort, safety, or repose of the general public.
(D) 
Allowing limbs of trees, shrubs, or other natural or ornamental vegetation to overhang a sidewalk, public street or alley, which are less than 16 feet above the surface of the natural elevation.
(E) 
The existence of any vines or climbing plants growing into or over any street, hydrant, pole, street sign, or public safety or information sign, or the existence of any shrub, vine, or plant growing on, around, or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view of thereof or impair access thereto or obstruct or interfere with the proper diffusion of the light of any street lamp or light.
(F) 
Any use of property abutting a public street or sidewalk which causes any obstruction of traffic and the free use of the streets or sidewalks, provided that this subsection shall not apply to events, programs, or parades authorized by the city council.
(G) 
Leaving any provisions [poisonous] or harmful substance accessible to persons or animals, provided that normal residential or nonresidential use of pesticides for the cultivation of grass or other ornamental vegetation shall be excepted.
(H) 
Leaving any unused, abandoned, or discarded refrigerators, iceboxes, or freezer-like containers which are left in any place exposed or accessible to children.
(I) 
Allowing the existence of any dead, diseased, infested, or dying tree, or part thereof, so as to cause a danger to other existing plants, vegetation, persons, or property.
(J) 
Allowing the accumulation of any dead shrubs, bushes, trees, grass, or other vegetation that may constitute a fire hazard.
(K) 
Allowing the storage, disposal, or keeping on any premises for more than 60 days of any new or used building materials, without a permit from the city; providing that nothing herein shall:
(i) 
Prohibit such storage without a permit when held in conjunction with a construction, refurbishment, or remodeling project for which a permit has been issued and that is being diligently prosecuted by the responsible person to completion;
(ii) 
Prohibit such storage without a permit on the premises of a bona fide lumberyard, dealer in building materials, or other commercial enterprise when the same is permitted under any other ordinance;
(iii) 
Make lawful any such storage, disposal, or keeping when it is prohibited by any other ordinances or laws.
(L) 
The existence of any fence or other structure or other like thing on private property abutting or fronting upon any public street, sidewalk, or place that is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition, or otherwise prohibited by ordinance or statute.
(M) 
The existence of any drainage or runoff onto or over any public street, alley, or other adjacent property that causes the collection of sedimentation or standing water and may constitute a danger to life, health, or safety.
(N) 
Any accumulation of cans, bottles, glass, ashes, scrap metal, wire, cordage, metal articles, bric-a-brac, odds and ends, broken stone or concrete, broken crockery, garbage, refuse, rubbish, glass, or plaster, unless the same is entirely contained in a closed receptacle.
(O) 
Any garbage, refuse, junk, rubbish, weeds, litter, rags, barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, or lumber, metal, wood, or other material not neatly piled or entirely contained in a closed receptacle, as appropriate.
(P) 
Allowing a dangerous building, billboard, or other structure, either partially destroyed or unfinished, to remain on any premises.
(Q) 
Allowing, without proper fencing or screening, junkyards, dumping grounds, waste, refuse, rubbish, or garbage collection facilities, or facilities for the wrecking, disassembling, storage, repair, or rebuilding of automobiles, trucks, tractors, boats, or other machinery of any kind, or parts thereof, whether such machinery is used by contractors, builders, or other persons, so as to annoy or create a nuisance to the life, safety, or property of others.
(R) 
The repair of an automobile, truck, boat, tractor, or other machinery or motor vehicle of any kind upon the public streets, alleys, or other public property of the city, except in the event of an emergency, or to deposit, keep, or leave, or permit to be deposited, kept, or left, in any place accessible to the public, or in any place viewable from a public street, alley, right-of-way, or other public place, any abandoned, unused, nonrunning, discarded, or junked vehicle or any part thereof in violation of article 26.04 of this code of the city.
(S) 
The accumulation of any human or animal waste, garbage, refuse, rubbish, renderings, trimmings, bones, meats, hides, skins, or carcasses of any dead animal, fish, or fowl, except as entirely contained within a closed receptacle appropriate for such temporary storage.
(T) 
Maintaining any premises in an unguarded, unfenced, overgrown, or abandoned condition, including any excavation, pit, well, drainage basin, or pond, or hole that may be a danger to life, safety, or any other property.
(U) 
Allowing any violation of chapter 4, chapter 6, chapter 8, article 16.03, chapter 20, chapter 24, chapter 26, or chapter UDC - Unified Development Code of this code of the city.
(V) 
Allowing the manufacturing, storing, igniting, or using of gunpowder, black powder, nitroglycerin, fireworks, or other explosive substances, or the discharge of firearms or weapons which utilize a projectile of any type.
(2002 Code, sec. 8.202; Ordinance 517 adopted 9/26/2023)
(a) 
Any person, or any person who allows or permits another person, who disposes of junk, garbage, rubbish, refuse, or solid waste on a public street, highway, right-of-way, other public or private property, or into the land or water within or of the city, or otherwise violates any provision of section 14.02.003 of this article, shall be prosecuted as allowed herein, or under the provisions of the Texas Litter Abatement Act or chapter 683 of the Texas Transportation Code.
(b) 
A person commits an offense if that person causes, permits, allows, or maintains a public nuisance as defined in section 14.02.003 of this article on premises under the person's ownership, occupancy, or control.
(c) 
The municipal court may order abatement and removal of the nuisance upon conviction in addition to any criminal penalty allowed herein.
(d) 
A person commits an offense if the person maintains a public nuisance described in section 14.02.003. Each day an offense occurs shall be a separate offense.
(e) 
An offense under this article is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(f) 
The municipal court of the city shall order abatement and removal of the nuisance upon conviction.
(g) 
Any person violating this article is subject to a suit for injunction as well prosecution for criminal violations.
(2002 Code, sec. 8.203)
(a) 
It shall be the duty of the enforcement officer to take the necessary action for the enforcement of this article.
(b) 
The enforcement officer or his authorized representative may enter any building, structure, or premises at all reasonable times to make an inspection or enforce any provision of this article.
(c) 
When entering a building, structure, or premises that are occupied, the enforcement officer shall first identify himself, present proper credentials, and request entry. If the building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the premises and request entry, if practical. If entry is refused, or the premises are unoccupied and the owner or responsible person cannot be located, the enforcement officer may obtain a search warrant pursuant to the requirements herein.
(d) 
The enforcement officer shall be the sole code enforcement officer to whom a search warrant may be issued pursuant to the Texas Code of Criminal Procedure art. 18.05.
(e) 
A search warrant may be issued to the enforcement officer for the purpose of allowing the inspection of any specified premises to determine the presence of any violation of this article that may be classified as a fire or health hazard, or an unsafe building condition.
(f) 
A search warrant may not be issued under this section except upon the presentation of evidence in the form of a sworn affidavit of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present on the premises sought to be inspected.
(g) 
In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following:
(1) 
The age and general condition of the premises;
(2) 
Previous violations or hazards found present in the premises;
(3) 
The type of premises;
(4) 
The purposes for which the premises are used; and
(5) 
The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.
(h) 
Upon proper presentation of evidence by the enforcement officer, a search warrant may be issued by any magistrate of a court having jurisdiction.
(i) 
Nothing in this section shall be construed to limit the authority of the enforcement officer to enter any premises pursuant to any valid court order.
(2002 Code, sec. 8.210)
(a) 
Whenever the enforcement officer determines that a public nuisance exists upon any premises, the officer may require or provide for the abatement thereof pursuant to this article. The enforcement officer, upon personal observation or receipt of a written complaint of any public nuisance, and upon verification that such a violation may exist, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 calendar days after notice, or other reasonable period. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
(Name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at ________, you are hereby notified that the undersigned pursuant to Ordinance No. ______ of the City of Bee Cave has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection ______ of Ordinance No. ______:
You are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice.
Abatement is to be accomplished in the following manner:
Dated:
(Name of enforcement officer)
By
(b) 
The abatement of a public nuisance does not preclude the right of any person to recover damages for its past existence.
(2002 Code, sec. 8.204)
In all cases where the enforcement officer has determined to proceed with abatement, 10 days after giving notice the city shall acquire jurisdiction to abate the condition.
(2002 Code, sec. 8.205)
(a) 
If and when an owner or other responsible person undertakes to abate any condition described in this article, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions.
(b) 
Nothing in this article shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to abatement.
(2002 Code, sec. 8.206)
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same.
(2002 Code, sec. 8.207)
(a) 
In addition to any other remedy which may be available at law or in equity, the city may take action to administratively abate a public nuisance if the owner or person in control of the premises upon which the public nuisance exists fails to do so. The city may then assess the expense of removal or abatement of the public nuisance from the premises, and the city shall have a lien against the subject property to secure the payment of such expense. An action to abate a nuisance under this section shall have no effect upon a prosecution in the municipal court under this article.
(b) 
The city manager, or his designee, may order the summary abatement of a nuisance which threatens a public calamity or otherwise poses an immediate risk of serious harm to public health, safety, or comfort.
(c) 
Except as provided in subsection (b), the abatement procedures must conform to the following:
(1) 
Notice shall be posted upon the premises on which or adjacent to which the nuisance is located. Notice shall also be personally served by either certified mail with five-day return receipt to the property owner's address as indicated in the tax rolls of the county, or by personal service to the owner.
(2) 
If personal notice cannot be service by either method indicated in subsection (c)(1) above, a synopsis of the notice may be published once in a newspaper of general circulation within the city, and a publisher's affidavit shall be considered proof of service to the property owner.
(3) 
Notice shall additionally be served by certified mail, with five-day return requested, upon any lienholder of record and any occupant of the property upon which the nuisance is located.
(4) 
At a minimum, the notice required by this section shall contain the following information:
(A) 
A legal description of the property upon which the nuisance is located, or, if the nuisance is located on a public right-of-way, then a legal description of the adjacent property;
(B) 
A description of the public nuisance; and
(C) 
A statement that, if the public nuisance is not abated within 10 days of the date the notice was mailed, the city may cause the abatement of the public nuisance and assess the expenses thereof against the subject property.
(5) 
If any notice required by this section is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of return.
(6) 
The city council, or a board, commission, or official designated by the city council, may provide for the conduct of hearings under the procedures adopted under this article.
(7) 
If a hearing is requested by a person for whom notice is required under this section, the hearing shall be held not earlier than the eleventh day after the date on which the notice was mailed.
(d) 
The city shall keep an accurate record of all expenses incurred for the removal and/or abatement of the public nuisance under this section, including man-hours, equipment hours or rental materials, and fuel, among other expenses.
(e) 
Property classified as a homestead as defined in the state constitution and property owned by the city shall be exempt from the provisions of this section relating to the imposition of liens upon property for recovery of city expenses in abating public nuisances.
(2002 Code, sec. 8.209)
This article shall apply within the city limits and an additional 5,000 feet outside of the city limits.
(Ordinance 149 adopted 6/11/13)