The words and phrases used in this article, unless the context
otherwise indicates, shall have the following meanings:
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.
Includes lumber, plumbing materials, wallboard, sheetmetal,
plaster, brick, cement, asphalt, sand, base, concrete block, roofing
materials, cans of paint and similar materials.
To discharge, deposit, inject, dump, spill, leak, or place
junk, garbage, rubbish, refuse, or other solid waste into or on land
or water.
The city official or employee designated as such by the city
council, or his or her designee.
All decayable wastes from public and private establishments
and restaurants, including but not limited to vegetable, animal, fish
offal and animal and fish carcasses.
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.
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.
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.
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.
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.
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.
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.
Any building, lot, parcel, real estate or land or portion
of land, whether improved or unimproved, including adjacent sidewalks
and parking strips.
Any object of value that a person may lawfully acquire and
hold.
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.
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.
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.
Any agent, lessee, owner or other person occupying or having
charge or control of any premises.
All nondecayable or solid wastes from a public or private
establishment, residence, lot, or parcel.
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:
(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.
(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:
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NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
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(Name and address of person notified)
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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. ______:
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You are hereby notified to abate said condition to the satisfaction
of the undersigned within 10 days of the date of this notice.
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Abatement is to be accomplished in the following manner:
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Dated:
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(Name of enforcement officer)
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By
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(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)
