This article shall be commonly referred to as the city’s
health, sanitation and litter ordinance.
(Ordinance 09-06-16A, sec. II, adopted 6/16/09)
This article is adopted so the city council may promote the
public health, safety and general welfare within the city through
the regulation of private sewage treatment facilities, trash, construction
or building debris, stagnant filth, carrion, weeds, dangerous weeds
and other unhealthy, unsanitary and unwholesome conditions in the
city. By prohibiting the creation and maintenance of such nuisances,
the city council seeks to protect property values and prevent bodily
injury, death, and property damage within the city.
(Ordinance 09-06-16A, sec. III,
adopted 6/16/09)
The provisions of this article shall apply within the city limits
(i.e., incorporated municipal boundary).
(Ordinance 09-06-16A, sec. IV(a),
adopted 6/16/09)
It shall be unlawful for any person to violate the provisions
of this article.
(Ordinance 09-06-16A, sec. IV(b),
adopted 6/16/09)
For the purpose of this article, the following terms, phrases
and words shall have the meaning given in this section. The words
shall and will are always mandatory:
Animal-proof container.
A container with a secured lid, constructed of material sufficiently
strong to prevent domestic pets or other animals from tearing, opening
or breaking.
Building.
Any structure of any kind or any part thereof, erected for
the support, shelter or enclosure of persons, animals, chattel or
property of any kind.
City.
The City of Horseshoe Bay, Texas.
Code officer.
The person or persons officially designated by the city to
assist the city council in implementing and enforcing this article.
Such person may be a volunteer, member of the city council, an employee
of the city, a person contracted by the city or a person otherwise
designated to serve in this capacity, and such assistance shall include,
but is not limited to, investigating alleged violations of this article.
Construction or building debris.
Wood, metal, glass, cement or masonry product, or other related
material generated as a byproduct and is designated as scrap or waste.
Junk.
Worn out, worthless and discarded material, including odds
and ends, old iron or other metal, glass, paper, bottles or cans.
Litter.
Refuse, rubbish, garbage, trash, objectionable, unsightly
or unsanitary matter, animal carcasses, all structures damaged by
fire, tree and shrub trimmings.
Long term.
In excess of time normally required to complete intended
construction or utilization. In the absence of intended construction
or utilization, long term shall mean a period in excess of ninety
(90) days.
Matter.
That of which any physical object is composed.
Nuisance.
Filth, carrion, stagnant water, rubbish, impure or unwholesome
matter of any kind, unsightly or unsanitary matter of whatever nature.
Nuisance animal.
An animal, wild, feral, or domestic, that carries and transmits
disease, is poisonous or vicious, burrows or digs into or under improved
lots, landscaping, or other vegetation in a manner that causes injury,
death, or the destruction of same, forces entry into habitations or
refuse containers, emits noxious odors, or which causes similar health,
safety, or welfare problems, issues and concerns. Examples include,
but are not limited to raccoons, poisonous snakes, feral pigs, bobcats,
badgers, rats, mice, coyotes, skunks, feral dogs, and feral cats.
Open storage.
Storing, accumulating, keeping or displaying any unsightly
items(s) or material(s) that is open to the public view, regardless
of sheltering or covering, on public or private property for more
than twenty-four (24) hours. This includes, but is not limited to:
litter, junk, landscaping instruments, tools, household effects/goods,
clothing, footwear, inoperable motor vehicles, metal tanks, glass,
broken furniture, tires, motor vehicle parts, oil containers, old
paint containers, inoperable appliances, lawn mowing and trimming
equipment, building material, building rubbish and other similar unsightly
items or materials.
Person.
An individual, corporation, organization, government agency,
business, trust, partnership, association, or any other legal entity.
Privy.
A facility for the disposal of human excreta.
Refuse.
The accumulation of worn out, used, broken, rejected or worthless
materials.
Rubbish.
Trash, garbage, debris, rubble, rocks, wrappings, unused
fragments of building materials, tree trimmings, brush and other miscellaneous
useless waste or rejected matter.
Septic tank.
A covered watertight tank designed for sewage treatment.
Trash enclosure.
A sturdy enclosure constructed of solid metal, expanded metal,
or similar material and capable of containing contents during high
winds.
Weed.
A plant that is not intended for cultivation or is otherwise
unwelcome or unsightly at its location, and specifically includes
dangerous weeds, as that term is used in section 342.008, Health and
Safety Code, but is not limited in meaning to noxious plants or vegetation,
and that has no potential commercial or aesthetic value, use, or purpose.
(Ordinance 09-06-16A, sec. IV(c),
adopted 6/16/09)
A person who is an owner, tenant, resident, occupant or has
supervision or control over any lot, tract, or parcel of land, or
a portion thereof, occupied or unoccupied, or is the owner, tenant,
resident, occupant or has supervision or control over a building,
establishment or structure, occupied or unoccupied, within the municipal
boundaries of the city must:
(1) Fill,
drain or regulate any hole or place which contains stagnant water,
an unwholesome condition, or any other condition that may produce
disease;
(2) Keep
the same free of filth, carrion, refuse, rubbish or other impure or
unwholesome matter; and
(3) Build,
make, fill, alter, repair, clean, disinfect, maintain and regulate
on-site sewage facilities, sewers, private sewage systems, and privies
in accordance with the laws, regulations and requirements of Llano
County and Burnet County, and the State of Texas.
(Ordinance 09-06-16A, sec. IV(d),
adopted 6/16/09)
(a) It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property within the municipal boundaries
of the city to permit the following on said real property:
(1) Long-term storage of construction material, fill material, excavated
material, building supplies and construction equipment.
(2) An accumulation or piling of rocks or debris in an unnatural and/or
unsightly manner, unrelated to landscaping or beautification of residential
and commercial buildings or development.
(3) Open storage of unsightly items or materials.
(4) Storage or accumulation of any material or rubbish which the city
fire marshal determines to be a fire hazard.
(b) Persons,
when building on site, shall be responsible to insure that:
(1) The site and surrounding areas are kept free from construction or
building debris and litter with no significant accumulation outside
of a trash enclosure for more than four (4) days.
(2) Any matter which may blow is secured at all times to prevent a nuisance
to adjoining property owners or residents.
(3) Animal-proof containers are provided for discarded food, drink cans,
unsightly or unsanitary matter of whatever nature.
(4) All animal-proof containers and trash enclosures are not stored on
public streets, rights-of-way, green belt, or other public property.
(5) Building materials are not stored on public streets, right-of-ways,
green belt, or other public property.
(c) Trash
containers shall be kept clean and free from accumulations of any
substance remaining attached to the inside of carts which would attract
or promote the breeding of mosquitoes or other insects.
(d) All
exterior-stored household garbage must be stored in an animal-proof
container and out of view from all streets and neighboring lots.
(e) It
shall be unlawful for any person to throw, dump, leave, or deposit
junk, rubbish, refuse, trash or garbage on any road, right-of-way,
green belt, common area, park or other public or private property.
(f) Transportation
of all rubbish, refuse, trash, garbage, weeds, tree trimmings, and
construction debris shall be transported in a secured manner or in
closed containers, covered pickup truck, [or] covered trailer to prevent
the dislodgement of any material during travel.
(g) A
person who is an owner, tenant, or has supervision or control over
any lot, tract, or parcel of land, or a portion thereof, occupied
or unoccupied, or is the owner, tenant, resident, or has supervision
or control over a building, establishment or structure, occupied or
unoccupied, within the municipal boundaries of the city must comply
with the following restrictions:
(1) All exterior-stored household garbage must be stored in a city-provided,
or its contractor-provided, container and out of view from all streets
and neighboring lots.
(2) All tree and shrub trimmings which must be bundled and tied, and
other matter as approved by contracted trash pickup service. Under
no conditions can any edible residue be placed for pickup other than
city-provided, or its contractor-provided, containers.
(3) Trash and garbage placed curbside for weekly pickup must not be placed
before 6:00 p.m. the day prior to the scheduled day of pickup and
all empty containers must be removed before 7:00 a.m. the day after
pickup.
(4) Nothing in subsection
(g) shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this section and to seek remedies as allowed by law, including, but not limited to the following:
(A) A civil penalty up to fifty dollars ($50.00) a day when it is shown
that the defendant was actually notified of the provisions of this
article and after receiving notice committed acts in violation of
this article or failed to take action necessary for compliance with
this subsection;
(B) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this subsection; and
(h) All
outdoor trash receptacles must have a protective covering to prevent
trash from blowing out of the can.
(Ordinance 09-06-16A, sec. IV(e),
adopted 6/16/09; Ordinance
2021-11 adopted 3/16/21; Ordinance 2023-18 adopted 4/4/2023)
(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 city limits to permit weeds, brush, grass, or any objectional
or unsightly vegetation to grow to a greater height than 12 inches
upon such real property.
(b) It
shall be unlawful to allow brush, underbrush, cacti, cedar trees,
overhanging tree limbs, dead trees, fallen limbs, or other vegetation
to grow or accumulate on an improved or unimproved lot.
(c) It
shall be unlawful to sweep or rake grass clippings or brush into streets
or other rights-of-way. Such items must be picked up on the property,
put into bags and disposed of or carried away to a lawful disposal
site.
(d) The
city may abate, without notice, weeds or grass that has grown higher
than twelve (12) inches and are an immediate danger to the health,
life or safety of any person.
(Ordinance 2018-23 adopted 8/28/18)
It shall be unlawful to allow brush, underbrush, cacti, cedar
trees, overhanging tree limbs, dead trees, fallen limbs, or other
vegetation to grow or accumulate on an improved or unimproved lot
in a manner that constitutes either a fire safety hazard or which
may serve as a habitat, burrow, or dwelling for one or more nuisance
animals.
(Ordinance 09-06-16A, sec. IV(g),
adopted 6/16/09)
(a) Any
city resident or property owner may file a complaint alleging a violation
of this article. The complaint must:
(2) Provide sufficient details about the violation and location of the
property or building for an investigation to be conducted;
(3) Be signed by the complainant; and
(4) Be filed with the mayor, city secretary, or code enforcement officer.
(b) The
code officer, on his/her own knowledge or on the basis of a complaint
by a resident or property owner of the city, shall investigate alleged
violations of this article.
(c) The
code officer may enter and inspect a private residence or unimproved
or improved lot where a violation of this article is alleged to have
occurred, at any reasonable time, in order to examine the alleged
violation and to remove or direct removal of the same, if necessary,
pursuant to Texas Health and Safety Code section 161.011, upon receiving:
(1) Permission obtained from a lawful adult occupant of the residence;
or
(2) An authorization to inspect the residence for a specific public health
purpose by a magistrate or by an order of a court of competent jurisdiction
on a showing of a probable violation of this article.
(d) If
the code officer determines there is a violation of this article,
the officer shall give notice in writing to such persons violating
the provisions of this article. The notice will inform the person
that he/she has seven (7) days from receipt of the notice to remedy
the violation, and if this action is not taken, the city may, but
is not obligated to:
(1) Authorize that the necessary work be done or improvements made; and
(2) Pay for the expenses incurred in having the work done or improvements
made and charge the expenses to the property owner.
(e) The
notice of a violation must be given to the owner personally in writing
or by certified mail, return receipt requested, addressed to the owner
of the property at the owner’s address as recorded in the Llano
or Burnet County Central Appraisal District, as may be appropriate.
If notice by personal service cannot be obtained, the officer may
give notice by:
(1) Publication of the notice, at least once, in a newspaper of general
circulation;
(2) Posting the notice on or near the front door of each building on
the property to which the violation relates; or
(3) Posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates.
(f) If
such person fails or refuses to comply with the provisions of this
article within seven (7) days after the receipt of notice, the city
may go upon such property and do or cause to be done the work necessary
to obtain compliance with this article.
(g) The
city, in the notice of violation, may inform the owner by 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 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 occurs
within the one-year period, and the city has not been informed in
writing by the owner of an ownership change, the city may take action
to remedy the violation without providing notice.
(h) If
the city incurs expenses for the work done or improvements made, the
city council or its designee shall assess the expenses and create
a lien, including possible foreclosure, against the property as follows:
(1) The code officer shall send a statement of expenses to the owner,
requesting that payment be made to the city within sixty (60) days
after receipt of the statement of charges. The expenses to be charged
shall include:
(A) The amount paid by the city for the work done or improvements made;
(C) The costs of providing notice;
(D) The costs of identifying and notifying the owner of the property;
and
(2) If the person does not pay the expenses within sixty (60) days after
receiving a statement of charges, the mayor, or his/her designee,
shall file with the county clerk of Llano or Burnet County, as applicable,
a statement of expenses, stating the owner’s name, if known,
and the legal description of the property. When such statement is
filed, 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. For such expenditures and interest,
suit may be instituted and recovery and foreclosure had by the city.
The statement of expense filed with the county clerk or a certified
copy thereof shall be prima facie proof of the amount expended in
such work, improvement or correction of the property. The lien is
security for the expenses incurred by the city, plus interest accruing
at the rate of ten percent (10%) per year on the amount due from the
date of payment by the city.
(Ordinance 09-06-16A, sec. IV(h),
adopted 6/16/09)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law. Any
person violating any provision of this article is subject to suit
for injunctive relief as well as prosecution for criminal violations.
Any violation of this article is hereby declared a nuisance.
(Ordinance 09-06-16A, sec. V(a),
adopted 6/16/09)
Any person violating any provision of this article shall, upon
conviction, be fined a sum not more than two thousand dollars ($2,000.00),
except as may be otherwise expressly provided by state law. Each day
that a provision of this article is violated shall constitute a separate
offense. An offense under this article is a class C misdemeanor.
(Ordinance 09-06-16A, sec. V(b),
adopted 6/16/09)
Nothing in this article shall be construed as a waiver of the
city’s right to bring a civil action to enforce the provisions
of this article and to seek remedies as allowed by law, including,
but not limited to the following:
(1) Injunctive
relief to prevent specific conduct that violates this article or to
require specific conduct that is necessary for compliance with this
article;
(2) A
civil penalty up to one thousand dollars ($1,000.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(Ordinance 09-06-16A, sec. V(c),
adopted 6/16/09)
The city may assess expenses and create liens under this section in the same manner as under section
6.02.010.
(Ordinance 09-06-16A, sec. V(d),
adopted 6/16/09)