For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning, and any words not herein defined shall be construed in the
context used and by ordinary interpretation and not as a word of art:
Brush.
Shrub vegetation or dense undergrowth.
Carrion.
The dead and putrefying flesh of any animal, fowl or fish.
City.
The City of Glenn Heights, Texas, or its agents.
Code enforcement official.
A city employee or person or entity acting under a contract
with the city, authorized to enforce the provisions of this article
and city ordinances, including yet not limited to the building official,
inspector, code enforcement officer or his/her designee.
Dump.
To dispose, discharge, place, deposit, throw, leave, sweep,
scatter, unload or toss.
Filth.
Any matter in a putrescent state.
Garbage.
Any kitchen refuse, foodstuffs or related material, including
all decayable waste.
Impure or unwholesome matter.
Any putrescible or nonputrescible condition, object or matter
that may, could or tends to cause injury, death or disease to human
beings.
Junk.
All worn-out, worthless or discarded material, including
yet not limited to any of the following materials, or parts of said
materials or any combination thereof: new or used iron, steel or nonferrous
metallic scrap, brass or waste materials; used and/or inoperative
household appliances, household electrical or plumbing fixtures, floor
coverings and/or window coverings not currently in use; used lumber,
brick, cement block, wire, tubing and pipe, tubs, drums, barrels and/or
roofing material not currently in use; air-conditioning and heating
equipment not currently in use; used vehicle components and parts
not currently in use; used furniture other than that designed for
outdoor use or what would normally be considered as antique furniture,
used and/or inoperative residential lawn care equipment and machinery
not currently in use; used pallets, windows or doors not currently
in use; new or used sheet metal, structural steel and/or chain not
currently in use; used and/or inoperable vending machines, radios
and/or televisions not currently in use; and, any other type of used
and/or inoperable machinery or equipment not currently in use.
Matter.
That of which any physical object is composed.
Nuisance.
Any condition, object, material or matter that is dangerous
or detrimental to human life or health; or that renders the ground,
the water, the air or food a hazard or likely to cause injury to human
life or health; or that is offensive to the senses; or that threatens
to become detrimental to the public health; and shall include but
not be limited to: any abandoned or uncovered (including unsecured
covered) wells, shafts or basements, abandoned refrigerators, stagnant
or unwholesome water, sinks, privies, filth, carrion, rubbish, junk,
trash, debris or refuse, impure or unwholesome matter of any kind,
and any objectionable, unsightly, or unsanitary matter of whatever
nature.
Owner.
Any person or entity shown as the property owner on the latest
property tax assessment rolls or any person having or claiming to
have any legal or equitable interest in the property, including any
agent who is responsible for managing, leasing or operating the property;
provided, however, an individual who is an employee of the owner or
management company is not personally liable for criminal or civil
penalties if the individual provides the property owner’s name,
street address and telephone number to the code enforcement official,
if the violation relates to a certificate of occupancy or certificate
of completion relative to the construction of improvements on the
property yet not as to violations in construction or development of
the property, consistent with state law as it exists and as it may
be amended.
Person.
Any individual, firm, partnership, association, business,
corporation or other entity.
Property.
All privately owned, occupied or unoccupied property, including
vacant land and/or a building designed or used for residential, commercial,
business, industrial or religious purposes. The term shall also include
a yard, ground, wall, driveway, fence, porch, steps or other structure
appurtenant to the property.
Putrescible.
The decomposition of organic matter with the formation of
foul-smelling, incompletely oxidized products.
Refuse.
Heterogeneous accumulation of worn-out, used, broken, rejected
or worthless materials, including yet not limited to garbage, rubbish,
paper or litter and other decayable or nondecayable matter.
Rubbish.
Junk, trash, debris, rubble, stone, useless fragments of
building materials, and other miscellaneous, useless waste or rejected
matter.
Trash and debris.
All manner of refuse, including yet not limited to: mounds
of dirt, piles of leaves, grass and weed clippings, paper trash, useless
fragments of building materials, rubble, furniture other than furniture
designed for outside use, useless household items and appliances,
items of salvage, such as scrap metal and wood, old barrels, old tires,
objects that hold water for an extended period of time, tree and brush
trimmings, dead standing or fallen trees and other miscellaneous wastes
or rejected matter.
Urban nuisance.
Any condition that exists and because of violations of this
article, is in a state of disrepair, such that it could reasonably
cause injury, damage, harm or inconvenience to a considerable portion
of the community and the use and enjoyment of property, materially
interfering with the property [proper] use or comfort and enjoyment
of surrounding property, taking into consideration the nature and
use of the properties in the area and the character of the community
in which they are situated, which condition would be substantially
offensive and annoying to persons of ordinary sensibilities, taste
and habits in the community. Such urban nuisance includes yet is not
limited to:
(1)
Fences that are leaning, falling down, missing boards or otherwise
deteriorated;
(2)
Motor vehicles, or parts thereof, that do not qualify as junked
vehicles as defined by city ordinances and state statutes but that
are wrecked, dismantled or partially dismantled, on blocks, stands,
trailers, under tarps or other similar covering.
Weeds.
Any vegetation that because of its height is objectionable,
unsightly or unsanitary, excluding: shrubs, bushes, trees, cultivated
flowers and cultivated crops.
(Ordinance O-05-08 adopted 2/4/08; Ordinance O-09-10 adopted 6/21/10)
(a) It
shall be unlawful and declared a nuisance for any person owning, claiming,
occupying or having supervision or control of any real property, occupied
or unoccupied, within the territorial limits of the city, to knowingly
or intentionally permit or allow any stagnant or unwholesome water,
sinks, refuse, filth, carrion, weeds, rubbish, brush, refuse, trash,
debris, junk, garbage, impure or unwholesome matter of any kind, or
other objectionable or unsightly matter of whatever nature, to accumulate
or remain upon any such real property or within any public easement
on or across such real property or upon any adjacent public street
or alley right-of-way between the property line of such real property
and where the paved surface of the street or alley begins.
(b) It
shall be unlawful and declared a nuisance for any person to knowingly
or intentionally dump, or permit to be dumped, upon or along any drain,
gutter, alley, sidewalk, street, park, right-of-way or vacant lot
into or adjacent to water, or any other public or private property
within the territorial limits of the city, any unwholesome water,
refuse, rubbish, trash, debris, filth, carrion, weeds, brush, junk,
garbage, impure or unwholesome matter of any kind, or other objectionable
or unsightly matter of whatever kind.
(c) It
shall be unlawful and declared a nuisance for any person owing, claiming
or occupying or having supervision or control of any real property,
occupied or unoccupied, within the territorial limits of the city,
to knowingly or intentionally permit or allow an urban nuisance to
exist on any residentially zoned property, or on property that abuts
a residential use. It shall be an affirmative defense that:
(1) A permit was issued for the repair of the fence and such repair work
is being diligently performed within the time frames authorized under
the permit;
(2) The urban nuisance has existed on the property for less than thirty
(30) days and the person has documented proof of anticipated date
or [of] removal;
(3) The urban nuisance is completely contained on an improved surface,
fully screened from public view behind a fence or within a structure.
(Ordinance O-05-08 adopted 2/4/08; Ordinance O-09-10 adopted 6/21/10)
(a) It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the territorial limits of the city to knowingly or intentionally
permit weeds, brush or any objectionable or unsightly matter to grow
to a height greater than ten inches (10") upon such real property
within 200 feet of any property line that abuts street rights-of-way,
alleys, utility easements, subdivided additions, developed property
or any buildings or other structures. It shall be the duty of such
person to keep the area from the line of his property to the curbline
next adjacent to it, if there is a curbline, and, if not, then to
the centerline of the adjacent unpaved street, or to the edge of the
pavement, cleared of the matter referred to above. All vegetation
(including hay unless the hay is cultivated on property that has been
granted an agricultural property tax exemption on the most recent
tax roll as certified by the county appraisal district in the county
in which the property is located), except regularly cultivated row
crops, that exceeds ten inches (10") in height shall be presumed to
be objectionable and unsightly matter; provided further that regularly
cultivated row crops shall not be allowed to grow within the right-of-way
of any public street or easement nor shall such crops be allowed to
obstruct the necessary view to and from adjacent rights-of-way, but
shall be kept mowed as provided herein.
(b) With
respect to lots, tracts or parcels of land of five (5) or more acres,
the provisions of this section shall not apply to any area situated
more than 200 feet from any open public street or thoroughfare, as
measured from the right-of-way line of said street or thoroughfare,
and situated more than 200 feet from any adjacent property under different
ownership and on which any building is located or on which any improvement
exists, as measured from the property line.
(Ordinance O-05-08 adopted 2/4/08; Ordinance O-09-10 adopted 6/21/10)
(a) For
purposes of ascertaining whether violations of this article exist,
the code enforcement official is authorized to inspect the exterior
of a structure and premises that contain no structure.
(b) If
entry onto the property is refused, the code enforcement official
shall have every recourse provided by law, including yet not limited
to an administrative search warrant or an injunction to secure entry.
If the owner, occupant, or person in control cannot be identified
or located, the code enforcement official shall be authorized to enter
the property to the extent allowed by, and in accordance with, law.
(Ordinance O-05-08 adopted 2/4/08; Ordinance O-09-10 adopted 6/21/10)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, as described in sections
6.02.002 and
6.02.003, to:
(1) Remove, drain and/or fill all prohibited matter or conditions and to cut and remove all weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with sections
6.02.002 and
6.02.003 and to use every precaution to prevent the same from occurring or growing on such property.
(2) Maintain
the exterior of all structures, such as fences, in good repair, structurally
sound and sanitary, so as not to pose a threat to the public health,
safety and welfare.
(3) Maintain
all exterior property and premises in a clean, safe and sanitary condition.
(4) Keep
the sidewalks in front of their property free and clear of all such
matter, and to fill up, drain or regrade any lots, ground or yards
that have stagnant water thereon, and to cleanse and disinfect any
house, building, establishment, lot, yard or ground from refuse, rubbish,
trash, filth, carrion, or objectionable, unsightly or unsanitary matter
of any kind, or other impure or unwholesome matter of any kind.
(5) Failure
to so comply shall be a violation of this article.
(Ordinance O-05-08 adopted 2/4/08; Ordinance O-09-10 adopted 6/21/10)
(a) If
such person violating the terms of this article fails or refuses to
comply with the demand for compliance contained in the aforementioned
notice within seven (7) days after the date of notification as provided
herein, the city shall have the authority as provided by law to enter
upon such property and do or cause to be done the work necessary to
obtain compliance with this article. All reasonable costs, charges
and expenses (hereinafter “charges”) incurred in doing
or in having such work done shall be a charge to, and be a personal
liability of, such person.
(b) It
shall be the duty of the chief of police or his/her duly appointed
representative to give a minimum of seven (7) days’ official
notice in writing to such person violating the terms of this article,
subject to the provisions herein stated. The notice shall be in writing
and may be served on such person violating the terms of this article:
(1) By delivering it to him or her in person; or
(2) By letter or written notice addressed to such person at the person’s
address as recorded in the appraisal district in which the property
is located and delivered by United States certified mail, return receipt
requested, with a second copy by United States regular mail; or
(3) Unless required otherwise by state law, by letter or written notice
addressed to such person at the person’s address as recorded
in the appraisal district in which the property is located and delivered
by United States regular mail along with posting the notice on or
near the front door of each building on the property to which the
violation relates; or
(4) If personal service cannot be obtained:
(A) By publication at least once within seven (7) consecutive days in
the city’s official newspaper; or
(B) By posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C) By posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates, if the
property contains no buildings.
(c) If the city mails a notice to the property owner in accordance with subsection
(b) herein and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected and the notice shall be considered as delivered.
(d) The city, in the notice provided herein, may inform the owner by certified mail, return receipt requested, or regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of such notice, the city, without further notice, may correct the violation at the owner’s expense and assess the expense against the property. If the violation covered by a notice under this subsection occurs within said one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by subsection
(a) herein, and assess its reasonable expenses incurred as provided by section
6.02.008, below.
(Ordinance O-05-08 adopted 2/4/08; Ordinance O-09-10 adopted 6/21/10)
(a) The
city may abate, without notice, weeds that:
(1) Have grown higher than forty-eight inches (48"); and
(2) Are an immediate danger to health, life or safety of any person.
(b) Not later than the tenth (10th) day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section
6.02.006, herein. The notice shall contain:
(1) An identification, which is not required to be a legal description,
of the property;
(2) A description of the violation(s) of the ordinance that occurred
on the property;
(3) A statement that the city abated the weeds; and
(4) An explanation of the property owner’s right to request an
administrative hearing about the city’s abatement of the weeds.
(c) The
city shall conduct an administrative hearing before the city council
on the abatement of weeds under this section if, not later than the
thirtieth (30th) day after the date of the abatement of the weeds,
the property owner files with the city a written request for a hearing.
An administrative hearing conducted under this section shall be conducted
not later than the twentieth (20th) day after the date a request for
a hearing is filed. The owner may testify or present any witnesses
or written information relating to the city’s abatement of the
weeds.
(d) The city may assess reasonable expenses and create liens under this section as it assesses expenses and creates liens under section
6.02.008. A lien created under this section is subject to the same conditions as a lien created under section
6.02.008. The authority granted the city by this section is in addition to the authority granted by section
6.02.008.
(Ordinance O-05-08 adopted 2/4/08)
(a) If
a notice as provided for herein is delivered to the owner of such
real property, and he or she fails or refuses to comply with such
demand for compliance within the seven (7) day time period established
herein, the aforementioned charges shall be, in addition to a charge
to and personal liability of said owner, a privileged lien upon and
against such real property, including all fixtures and improvements
thereon. In order to perfect such lien, the code enforcement official
first shall give such owner written notice of demand for payment of
such charges. Such written notice may be given by any one of the methods
provided for herein for the giving of the initial notice demanding
compliance with the terms of this article.
(b) If
such owner fails or refuses to make complete payment of said charges
within thirty (30) days of his or her receipt of said notice, the
city manager, or designated authorized representative, such as the
code enforcement official, shall file a written statement of such
charges with the county clerk for filing in the county land and deed
records where the property is located. Said statement shall be deemed
sufficient if it contains the following minimum information; however,
it may also contain such other additional information deemed appropriate
by the city manager, the code enforcement official or duly appointed
representative:
(1) The name of the owner of the real property, if known;
(2) A legal description of the real property;
(3) A statement of the charges incurred by the city in doing or in having
such work done as necessary to bring the real property into compliance
with this article; and
(4) A notarized affidavit executed by the code enforcement official stating
that all prerequisites required by this article for the imposition
of the charges and the affixing of the lien have been met and that
all statements and/or representatives [representations] made therein
are true and correct.
(c) All
such charges shall bear interest at the rate of ten percent (10%)
per annum from the date of payment by the city. The lien obtained
is security for the expenditures made and is inferior only to tax
liens and liens for street improvements. The city may bring suit to
collect the charges, institute foreclosure proceedings, or both. The
written statement of such charges provided for herein, or a certified
copy thereof, shall be prima facie evidence of the city’s claim
for charges or right to foreclose the lien. The owner of the real
property or any other persons claiming, occupying or having supervision
or control of the real property shall be jointly and severally liable
for such charges.
(d) The
remedy is in addition to any penal provision provided herein.
(Ordinance O-05-08 adopted 2/4/08)
The provisions of this article shall be enforced by the code
enforcement official and it shall be unlawful for any person to interfere
with or hinder the code enforcement official in the exercise of their
duties under this article. Notwithstanding any provisions contained
herein to the contrary, the code enforcement officials are hereby
granted the authority to issue immediate citations to persons violating
any provision of this article in their presence.
(Ordinance O-05-08 adopted 2/4/08)
(a) Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fail to comply with same within seven (7) days after notice is given and received as set forth in section
6.02.006, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00, such offense being a violation of the health and safety ordinances of the city. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement of the nuisance by the city and charging the cost of same against the owner of the property.
(b) Notwithstanding
the foregoing, any violation of any provision of this article that
constitutes an immediate danger or threat to the health, safety and
welfare of the public may be enjoined in a suit brought by the city
for such purpose.
(c) In
addition to any other remedies or penalties contained herein, the
city may enforce the provisions of this article pursuant to the applicable
provisions of chapter 54 of the Texas Local Government Code, which
provides for the enforcement of municipal ordinances.
(Ordinance O-05-08 adopted 2/4/08)