To eliminate by removal, repair, rehabilitation or demolition.
Includes all surfaces made of asphalt, cement or concrete.
A structure built for the support, shelter or enclosure of
a person, animal, chattel, machine, equipment or other moveable property.
All decayable wastes, including vegetables or other food
product offal, animal and fish offal and carcasses of such animals
and fish from all public and private establishments and residences
that tends to create a danger to public health, safety and welfare,
but does not include sewage, body waste or an industrial byproduct.
All worn-out, worthless and discarded material in general,
including but not limited to old iron or other metal, glass, paper,
cordage or other waste or discarded materials that tends to create
a danger to public health, safety and welfare.
All garbage, refuse and rubbish as defined herein, and all
other material which, if thrown or deposited as herein prohibited,
that tends to create a danger to public health, safety and welfare.
To stand an occupied or unoccupied vehicle other than temporarily
while loading or unloading merchandise or passengers.
All privately owned property, including vacant land or a
building designed or used for residential, commercial, business, industrial
or religious purposes. The term includes a yard, ground, walk, driveway,
fence, porch, steps or other structure appurtenant to the property.
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 the public for vehicular or pedestrian
traffic.
A container that is composed of durable material and designed
to prevent the discharge of its contents and to make its contents
inaccessible to animals, vermin or other pests.
A self-propelled vehicle designed to be used as temporary
living quarters, such as a motor home.
All garbage, rubbish, paper and all other decayable and nondecayable
waste, including vegetable matter and animal and fish carcasses, except
sewage from all public and private establishments and residences,
that tends to create a danger to public health, safety and welfare.
Property zoned for single-family or multifamily use.
Any owner of private property, occupant, person with legal
right to possess private property, or any person who has a contractual
responsibility to maintain the property. In prosecutions under this
article, there is a rebuttable presumption that any of the following
individuals is the responsible party:
Any person listed as the owner of the private property on county
tax records;
Any person listed on the utility account associated with the
property
In case the owner shall be a corporation, the president, vice-president,
secretary, or treasurer of such corporation or any manager, agent,
or employee of such corporation;
Any person managing the site on behalf of the property owner;
or
Any person in control of the site as a tenant under a contract
or a lease.
All nondecayable wastes, from all public and private establishments
and from all residences that tends to create a danger to public health,
safety and welfare.
A vehicle drawn by another and used for hauling materials
or other vehicles, such as a boat.
A vehicle drawn by another vehicle and used as temporary
living quarters, such as a camper or pop-up trailer.
All rank and uncultivated vegetable growth or matter that:
(Ordinance 09-409 adopted 10/6/09)
The city, acting by and through its duly authorized officers,
agents and representatives as designated herein, shall have the power
to define all nuisances and prohibit the same within the city and
outside city limits for a distance of five thousand (5,000) feet.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any responsible party in control of
any property, public or private, any yards, lots, alleys, stables,
pens, cellars, vaults, drains, pools, wells, cisterns, privies, sewers,
grounds, premises or buildings of any character, to allow litter,
refuse, garbage, rubbish, junk, broken or discarded household appliances,
carrion, filth, dead carcasses, decaying flesh, fish, fowls, vegetables,
stagnant water or other stagnant liquids, flammable liquids, slops,
trash, or other deposits or substances of any and every character,
which are likely to or do become unwholesome, filthy, unsightly, offensive
or unsanitary or likely to create or engender disease to accumulate
on said property and that tends to create a danger to public health,
safety and welfare.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any responsible party in control of
any property to keep or leave open or unclosed any vault, hole, cellar
or other opening on any property, street, sidewalk, alley or other
public thoroughfare, unless the same be sufficiently noticed, protected,
and guarded to insure safety to all passing by or near same.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any responsible party in control of
any property to allow holes, places, pools, or other conditions which
allow stagnant, foul or offensive water to stand or gather upon any
lot, in any premises or part thereof, or under any floor of any building.
(Ordinance 09-409 adopted 10/6/09)
(a)
It
shall be unlawful for any responsible party in control of any property
to allow weeds, brush or any vegetation which is unsightly, unsanitary,
objectionable, or unsafe to grow to a height greater than twelve (12)
inches upon said property. It shall be the duty of all persons to
keep the area from the line of their property to the curbline, edge
of asphalt or point at which the roadway begins, regardless of the
type of said roadway adjacent to the property, free and clear of the
matter referenced above and in compliance with the provisions of this
article. All vegetation not regularly cultivated which exceeds twelve
(12) inches in height shall be presumed to be objectionable, unsanitary,
and unsightly.
(b)
Acreage
being utilized for agricultural purposes shall be required to cultivate
and maintain a minimum one-hundred and fifty foot (150') buffer around
the property, tract or lot bordering all adjoining property owners.
Vegetation within this one-hundred and fifty foot (150') buffer exceeding
twelve inches (12") in height shall be presumed to be objectionable,
unsanitary, and unsightly.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any responsible party in control of
a property to place or permit to remain outside of any dwelling, building
or other structure or within any warehouse or storage room or any
unoccupied or abandoned dwelling, building or other structure, under
such circumstances as to be accessible to children, any icebox, refrigerator
or other airtight or semi-airtight container which has a capacity
of one and one half (1-1/2) cubic feet or more and an opening of fifty
(50) square inches or more and which has a door or lid equipped with
a latch or other fastening device capable of securing such door or
lid shut.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for responsible party of any improved or unimproved lot to allow said lot to be in violation of section 3.11.126 et seq., obstruction to traffic view, contained in this code.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for the owner of any motor vehicle, boat,
trailer, motorcycle, personal water craft, recreational vehicle, camper
or other vehicle to display thereon in writing or signage indicating
such vehicle is for sale when parked in or on any area that does not
have both a certificate of occupancy issued by the city for the sale
of vehicles at that location. This provision shall not apply to any
vehicle for sale which is parked in a lawful manner upon or immediately
adjacent to the owner’s residence, or in the parking area of
a commercial establishment or place of business, when the owner is
then and there employed and working or is then and there transacting
business at the establishment or business.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any responsible party to allow any
fence upon their property to exist in a dilapidated condition. Fences
shall not be out of vertical alignment more than one (1) foot from
the vertical measured at the top of the fence. However, for fencing
four (4) feet or less in height, the vertical alignment shall not
be more than six (6) inches from the vertical measured at the top
of the fence. Any and all broken, damaged or missing parts (i.e.,
slats, posts, wood rails, bricks, panels) resulting in openings four
(4) inches or greater shall be replaced or repaired within sixty (60)
days of notification of noncompliance. Fences enclosing swimming pools
or spas shall be repaired immediately. Repairs of any nature shall
be made with 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 such as plywood, corrugated steel,
or fiberglass panels are prohibited from use as fencing materials.
Nothing herein shall be construed so as to prohibit the complete removal
of a fence, unless such fence encloses a swimming pool or spa.
(Ordinance 09-409 adopted 10/6/09)
(a)
It
shall be unlawful for any person to keep, breed or raise animals in
or about any place or premises in such numbers or in such manner that
the same may become annoying, offensive or disturbing to the adjacent
residents of or those passing by such places or premises or which
by reason of number create filth in or about such premises or premises
adjacent thereto that tends to create a danger to public health, safety
and welfare.
(b)
When
any nuisance as defined by the section is found to exist, the animal
control official may enter the premises and take custody of such animals.
(c)
Custody
shall be retained by the city for a period of time not to exceed seventy-two
(72) hours.
(d)
Custody
will be returned to the owner provided arrangements are made that
the animal control official determines will not create a nuisance.
(e)
If
custody is not returned to the owner, the animal control official
shall make arrangements for placement with another owner or organization
or for humane euthanasia.
(f)
If
custody is not returned, the city will follow the procedures outlined
in the abatement provisions below.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any person to place litter in public
receptacles or in authorized private receptacles in such a manner
as to allow it to be carried or deposited by the elements upon any
street, sidewalk or other public place or upon private property.
(Ordinance 09-409 adopted 10/6/09)
Editor’s note–Former section 6.05.013
pertaining to substandard structures and deriving from Ordinance 09-409
adopted 10/6/09, was deleted in its entirety by Ordinance 18-12, sec.
14, adopted 2/6/18.
It shall be unlawful for the responsible party of any improved or unimproved lot to allow said lot to be in violation of article 8.06, abandoned and junked motor vehicles.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any responsible party to release or
allow to be released any chemical or waste product directly or indirectly
into surface water that tends to create a danger to public health,
safety and welfare.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any person to park any vehicle with
a length greater than twenty-five (25) feet or any vehicle with a
weight of four thousand (4,000) pounds or greater on any property,
public or private, for a period in excess of twenty-four (24) hours.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any person to park any car, truck,
trailer, boat, personal watercraft, motor home, camper or motorcycle
on any surface, except on all-weather surface.
(Ordinance 09-409 adopted 10/6/09)
It shall be unlawful for any person to park any trailer, travel
trailer or recreational vehicle on any residential street within the
city for a period in excess of twenty-four (24) hours.
(Ordinance 09-409 adopted 10/6/09)
It shall be the duty of any responsible party in control of any lot, tract or parcel of land or portion thereof, or any building or portion thereof, whether occupied or unoccupied, improved or unimproved, or in which any condition prohibited in sections 6.05.003 thru 6.05.018 of this article is found to exist, to remove or cause to be removed the prohibited nuisance at no cost to the city. Failure to remove or cause to be removed such nuisance after notice according to procedures outlined in section 6.05.021(a)(1) and within the timeframe allowed to do so, shall constitute a misdemeanor.
(Ordinance 09-409 adopted 10/6/09)
Whenever any nuisance, as defined in sections 6.05.003 thru 6.05.018 of this article, is found to exist, and no responsible party otherwise having supervision or control of the premises containing such nuisance can be located, or when immediate abatement of said nuisance is deemed necessary by the city for the public health, safety, and welfare of its citizens, the city shall initiate the abatement process in accordance with section 6.05.021 below. Costs associated with such nuisance abatement shall be borne by the responsible party in control of the premises.
(Ordinance 09-409 adopted 10/6/09)
(a)
If any responsible party otherwise having supervision or control of any lot, tract or parcel of land or portion thereof or any building or portion thereof shall fail to comply with the provisions of section 6.05.019 above, said person may, in addition to being charged with a violation of this article, be given notice to comply with the provisions of section 6.05.019 above.
(1)
Notification of violation.
The city shall notify a
responsible party that their property is in violation of one or more
sections of this article before issuing a citation under this article.
Notice shall be given in any one of the following manners:
(A)
In writing given to a responsible party;
(B)
In a letter addressed to the responsible party at the post office
address listed on the county tax records or the utility account associated
with the property in violation, and sent certified mail, return receipt
requested.
(C)
If personal notice cannot be given or the responsible party’s
post office address is unknown, notice may be given as follows:
(D)
Utility companies may request electronic notification by submitting
a written request to the city. The request for electronic notification
must include the e- mail address to which all notifications will be
sent.
(2)
The date of notice and deadline for correction of violation(s) or
filing of appeal will be, respectively:
(A)
For personal notice given under subsection (a)(1)(A), considered received when given to responsible party, and deadline for correction ten (10) days thereafter;
(b)
The
owner cited for a violation under this article may, within seven (7)
days from the date the notice is received, request a hearing from
the city to review the issues related to the violation. The hearing
will be held by the building board and standards commission. The hearing
will include all information related to the parties’ arguments.
Each side will have no more than one (1) hour for its presentation.
A final written decision will be issued by the building board and
standards commission, within ten (10) days of the hearing described
herein.
(c)
City’s right to restore property.
After the expiration of time for correction of violations, as outlined in section 6.05.021(a)(2), and if no hearing is requested, the city or its representatives shall have the right of access to the property containing the nuisance condition(s) in accordance with this article, and do or cause to be done any work necessary to bring such premises into compliance with this article. If a hearing is requested, the city or its representatives shall have the right of access to the property for the purposes as described above, two (2) days from the issuance of the findings under the appeal.
(d)
In
a notice provided under this section, the city may also include terms
of an annual notice which conforms to this subsection. The annual
notice terms shall inform the owner that if the owner commits another
violation of the same kind or nature that poses a danger to the public
health, safety or welfare, on or before the first anniversary of the
date of the notice, the city without further notice may correct the
violation at the owner’s expense and assess the expense against
the property. If a violation covered by the terms of the annual notice
occurs within the one-year period, and the city has not been informed
in writing by the owner of an ownership change, then the city without
further notice may do the work or make the improvements required and
pay for the work done or improvements made and charge the expenses
to the owner of the property as provided in this section.
(e)
The
expenses incurred in correcting the condition of such property, including
the cost of delivering and posting notice and of publishing notice
in the newspaper, shall be initially paid by the city and charged
to the owner of such property, and the city may cause the expense
thereof to be assessed on the real estate, lot or lots upon which
such expense was incurred. On filing with the county clerk a statement
of the expense incurred in correcting the condition on the property,
the city shall have a privileged lien on such property, second only
to tax liens and liens for street improvements, to secure the payment
of the amount so expended. Such amount shall bear interest at the
rate of ten percent (10%) from the date the city incurs the expense.
The lien statement shall be filed by the director of community development
or his designee, and shall state the name of the owner, if known,
and the legal description of the property. For any such expenditures
and interest, suit may be instituted and recovery and foreclosure
may be had by the city. The statement of expenses filed with the county
clerk or a certified copy thereof shall be prima facie proof of the
improvements as particularly specified in the Texas Health and Safety
Code section 342.0007. The procedures set out herein are civil in
nature and shall in no way restrict or prohibit the prosecution of
criminal charges under the provisions of this article.
(f)
Any
police officer of the city or any other peace officer is empowered
to stop the transportation of and detain any nuisance found being
transported illegally until the appropriate officials, which are hereafter
designated, can be notified in order that the said nuisance may be
seized and destroyed, in accordance with the terms of this article,
to protect the public health, safety and welfare.
(g)
Notwithstanding
any penal, lien or notice provision of this article, the attorney
of the city is authorized to file suit on behalf of the city for such
injunctive relief as may be necessary to prevent unlawful storage,
transportation, keeping or using of a nuisance and to aid the hereinafter
designated officials in the discharge of their duties and to particularly
prevent any person from interfering or attempting to interfere with
the seizure and destruction of such nuisance.
(h)
Right of entry.
The hereinafter designated officials
are hereby authorized to enter the public areas of any building or
premises, not a private residence or dwelling, at all reasonable times
where the unlawful presence of a nuisance is suspected, in order to
inspect the same for the presence of such nuisance or to abate or
destroy the nuisance, if such building or premises are occupied and
conducting business. Such official shall first present proper credentials
and demand entry, unless otherwise permitted by law. If such building
or premises are unoccupied, a reasonable effort shall be made to locate
the owner or other persons having charge or control of the building
or premises and request entry. If such entry is refused, or if no
owner or other person having charge or control of the building or
premises can be located, or the area to be inspected is not a public
area, the hereinafter designated officials shall have recourse to
every remedy provided by law to secure entry.
(Ordinance 09-409 adopted 10/6/09)
Editor’s note–Former section 6.05.022
pertaining to authority to enforce and deriving from Ordinance 09-409
adopted 10/6/09, was deleted in its entirety by Ordinance 18-12, sec.
15, adopted 2/6/18.
(a)
Any person, firm, corporation, responsible party or business entity violating this article shall be deemed guilty of a class C misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each continuing day’s violation under this article shall constitute a separate offense.
(b)
The
penal provisions imposed under this article shall not preclude the
city from filing suit to enjoin the violation. The city retains all
legal rights and remedies available to it pursuant to local, state
and federal law.
(Ordinance 09-409 adopted 10/6/09)
