The city’s solid waste collection, transportation and
disposal program is hereby established for all residents and businesses
of the city.
(Ordinance 2020-05 adopted 2/13/20)
The accumulation of garbage, recyclable material, rubbish, brush
and other refuse constitutes a public nuisance, a health hazard, a
fire hazard and a safety hazard. Therefore, it shall be required that
owners and tenants of private residences, private commercial buildings
and businesses, and the occupants of all private noncommercial buildings
which accumulate refuse, deposit their garbage, rubbish, brush, and
other refuse for removal by the agent designated by the city. Such
owners, renters and occupants shall maintain the premises of the buildings
and property free of accumulations of all other waste materials and
nuisance materials. Such owners, renters and occupants shall not allow
materials intended for recycling to create a nuisance on the premises
of buildings and properties. All waste materials shall be disposed
of in a place and by methods deemed appropriate by the city. The purpose
of this chapter is to provide for a method of collecting and disposing
of garbage, recyclable material, rubbish, brush, and other refuse,
and to maintain neighborhood quality and aesthetics and maintenance
of property values by providing for the general health and welfare.
(Ordinance 2020-05 adopted 2/13/20)
It is hereby prohibited for any individual to utilize the services
of any individual or corporation for purposes of residential solid
waste collection other than the city's designated solid waste franchisee,
except for residential temporary roll-off services. Every residential
occupant and commercial establishment within the city shall subscribe
to the services of the franchisee having the exclusive franchise for
collection and disposal service with the city. It is declared to be
unlawful for the occupant of any of the premises described in this
section to fail or neglect to provide for the removal of solid waste
as required under this article.
(Ordinance 2020-05 adopted 2/13/20; Ordinance
2024-24 adopted 8/8/2024)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
100-year flood.
A flood that has a 1.0 percent or greater chance of recurring
in any given year or a flood of a magnitude equaled or exceeded once
in 100 years on the average over a significantly long period.
Bags.
Plastic sacks designed to store garbage, recyclable material,
rubbish, brush, or other refuse with sufficient wall strength to maintain
physical integrity when lifted by the top. The total weight of a bag
and its contents shall not exceed 35 pounds.
Brush.
Plants or grass clippings, leaves or tree trimmings, including
bags and/or bundles of landscape waste.
Bulky waste.
Any item not measuring in excess of either forty-eight (48)
inches in length or fifty (50) pounds in weight, including, but not
limited to, refrigerators, stoves, washing machines, water tanks,
chairs, couches, and other similar household items with weights or
volumes greater than those allowed for trash collection containers.
Bundle.
Tree, shrub and brush trimmings or newspapers and magazines
securely tied together forming an easily handled package not exceeding
four feet in length or 50 pounds in weight.
Commercial.
Any non-manufacturing commercial facility that generates
and accumulates municipal solid waste, construction and demolition
waste or recyclable materials during, or as a result of, its business,
including, but not limited to, restaurants, stores, warehouses, hotels,
motels, residential structures containing three or more dwellings,
and residential care facilities.
Commercial garbage.
All normal establishment waste products of commercial buildings
or establishments, including multifamily dwellings, other than single-family
and duplex residential development, other than sewage and body waste,
manure, dead animals over ten pounds in weight, special and hazardous
waste, large tree trimmings, demolition or remodeling debris, or any
other waste material that cannot be broken down to fit into commercial
garbage containers herein specified.
Commercial garbage compactor.
All steel or metallic containers provided by the city or
its contractor. Designed to hold compacted commercial garbage shall
specifically include 20, 30 and 40 yard compactors.
Commercial garbage container.
All steel or metallic containers, provided by the city or
its contractor, designed to hold commercial garbage, and shall specifically
include all roll-off containers, roll-off compaction containers, and
all such containers with a volume of between three cubic yards and
ten cubic yards.
Commercial recycling container.
All steel or metallic containers, provided by the city or
its contractor, designed to hold recyclable material, and shall specifically
include such containers with a volume of between six cubic yards and
eight cubic yards.
Commercial recycle material compactors.
A roll off with or without a compactor designed to hold loose
or compacted recycle. Material constructed of steel or metallic material
provided by the city or the contractor.
Container lease charge.
A monthly charge that shall be assessed for the use of trash
collection containers that are provided by the sanitation contractor.
Said charge shall apply to 20-cubic-yard, 30-cubic-yard, and 40-cubic-yard
open-top containers.
Dead animals.
Animals or portions thereof equal to or greater than ten
pounds in weight that have expired from any cause, except those slaughtered
or killed for human use.
Designated contractor.
Such private firm designated by the city for the collection,
transportation, and/or disposal of solid waste, and the collection,
transportation and/or processing of recyclable materials.
Extra accumulations.
Quantities of waste that are containerized or bundled that
cannot be fitted into the 95-gallon residential garbage receptacle,
not exceeding ten bundles of brush or normal bags of waste (for amounts
in excess described herein refer to unusual accumulations).
Garbage.
See “commercial garbage” or “residential
garbage.”
Generator.
Any person whose acts or processes produces or causes solid
waste and/or recyclable materials.
Hauler.
A person, other than the designated contractor, who has obtained
and maintains a valid permit to collect and divert recyclable materials.
Hazardous waste.
Any solid waste identified or listed as a hazardous waste
by the administrator of the U.S. Environmental Protection Agency (EPA)
pursuant to the Federal Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.,
as amended.
Landfill.
Facility operated by and approved by TCEQ.
Municipal solid waste or MSW.
Garbage, trash, refuse, brush, yard waste, and other waste
generated in residences and commercial establishments as well as debris
resulting from traffic accidents in the city (excluding wrecked or
disabled vehicles which are removable by a wrecker service).
Nonresident.
Persons residing other than within the corporate city limits.
Nuisance.
Solid waste that is stored, processed or disposed of in an
unsightly manner that causes the pollution of surrounding land, the
contamination of groundwater or surface water, the breeding of insects
or rodents, or the creation of odors adverse to human health, safety
or welfare.
Permitted recycle contractor.
A company or corporation to transport loose or compacted
recycle material for a manufacture or holding company for recyclable
material and shall be in compliance with this article.
Person.
Any person, firm, corporation, business trust, partnership,
association, organization or municipal entity, incorporated or unincorporated,
other than the city.
Premises.
All public and private establishments, including individual
residences, all multifamily dwellings, residential care facilities,
hospitals, schools, businesses, other buildings and all vacant lots.
Provider.
Entity providing solid waste collection and disposal services.
Recyclable material.
Any material, substance or byproduct that has been recovered
or diverted from the non-hazardous waste stream for purposes of reuse,
recycling or reclamation, and is any material or product designated
in writing by the city’s director of public works or his or
her designee as being suitable for reuse, recycling or reclamation.
Recycle.
To collect, buy, sell, and store and/or produce any material,
substance or product from waste material or byproducts and to keep
such from being included in the waste stream intended for disposal.
Refuse.
All solid waste except hazardous wastes.
Residential garbage.
All normal waste products of single-family and duplex residential
development, other than sewage and body waste, manure, dead animals
over ten pounds in weight, special and hazardous waste, large tree
trimmings, demolition or remodeling debris, or any other waste material
that cannot be broken down to fit into residential garbage receptacles
herein specified.
Residential garbage receptacle.
A plastic or metal receptacle, designed for automated or
semi-automated solid waste collection systems, and having a tight
fitting lid capable of preventing littering and the entrance into
the container by small animals. The weight of the receptacle and its
contents shall not exceed 75 pounds and shall be designed for ease
of movement and use. One receptacle shall be provided in designated
areas unless customer wants to pay for each additional container,
with ownership of the receptacle retained by the contractor.
Residential recycling receptacle.
A plastic receptacle provided by the city or its contractor,
designed for automated or semi-automated recyclable material collection
systems, and having a tight fitting lid capable of preventing littering
and the entrance into the container by small animals. The weight of
the receptacle and its contents shall not exceed 75 pounds and shall
be designed for ease of movement and use. A receptacle shall be provided
in designated areas, with ownership of the receptacle retained by
the contractor.
Residential temporary roll-off services.
A container used to collect large amounts of construction
waste and debris for short-term projects and can be removed when the
project is complete. They are often used for residential construction,
demolition, remodel or renovations.
Residents.
Persons residing within the corporate limits of the city.
Rubbish.
Any nonputrescible solid waste, including aluminum cans,
paper, boxes, glass, yard trimmings, leaves, feathers and any other
matter commonly understood to be rubbish.
Solid waste.
Garbage, rubbish, refuse, sludge from a wastewater treatment
plant, water supply treatment plant or air pollution control facility,
and other discarded material, including solid, liquid, semi-solid
or contained gaseous material resulting from industrial, municipal,
commercial, mining and agricultural operations and from community
and institutional activities. The term does not include:
(1)
Solid or dissolved material in domestic sewage, or solid or
dissolved material in irrigation return flows, or industrial discharges
subject to regulation by permit issued under V.T.C.A. Water Code,
ch. 26, as amended;
(2)
Soil, dirt, rock, sand or other natural or manmade inert solid
materials used to fill land if the object of the fill is to make the
land suitable for the construction of surface improvements;
(3)
Waste materials that result from activities associated with
the exploration, development or production of oil or gas or geothermal
resources and other substance or material regulated by the Railroad
Commission of Texas under V.T.C.A. Natural Resources Code, chapter
91, as amended, unless the waste, substance or material results from
activities associated with gasoline plants, natural gas liquids processing
plants, pressure maintenance plants or re-pressurizing plants and
is hazardous waste as defined by the administrator of the United States
Environmental Protection Agency under the Federal Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, as
amended (42 U.S.C. § 6901 et seq.); or
(4)
Recyclable material; however, recyclable material may become
solid waste at such time, if any, as it is abandoned or disposed of
as other solid waste, rather than recycled, whereupon it will be solid
waste with respect only to the party actually abandoning or disposing
of the material.
Special waste.
Solid waste or a combination of wastes that, because of its
quantity, concentration, physical or chemical characteristics or biological
properties, requires special handling and disposal to protect the
human health or the environment. If improperly handled, transported,
stored, processed or disposed of or otherwise managed, it may pose
a present or potential danger to human health or the environment.
Special waste includes, but is not limited to:
(1)
Hazardous waste from conditionally exempt small-quantity generators
that may be exempt from full controls under 30 V.T.C.A. Texas Administrative
Code §§ 335.401–335.419, as amended, relating to household
materials which could be classified as hazardous waste;
(2)
Class I industrial nonhazardous waste not routinely collected
with municipal solid waste;
(3)
Special waste from health-care-related facilities (refers to
certain items of medical waste);
(4)
Municipal wastewater treatment plant sludge’s, other types
of domestic sewage treatment plant sludge’s, and water-supply
treatment plant sludge’s;
(6)
Grease and grit trap wastes;
(7)
Wastes from commercial or industrial wastewater treatment plants,
air pollution control facilities, and tanks, drums, or containers
used for shipping or storing any material that has been listed as
a hazardous constituent in 40 C.F.R. ch. 261, appendix VIII, as amended,
but has not been listed as a commercial chemical product in 40 C.F.R.
§ 261.33(e) or (f), as amended;
(10)
Drugs, contaminated foods, or contaminated beverages, other
than those contained in normal household waste;
(11)
Pesticide (insecticide, herbicide, fungicide, or rodenticide)
containers;
(12)
Discarded materials containing asbestos;
(14)
Soil contaminated by petroleum products, crude oils, or chemicals;
(16)
Light ballasts and/or small capacitors containing polychlorinated
biphenyl (PCB) compounds;
(17)
Waste from oil, gas, and geothermal activities subject to regulation
by the state railroad commission when those wastes are to be processed,
treated, or disposed of at a solid waste management facility permitted
under this chapter;
(18)
Waste generated outside the boundaries of the state that contains:
(B)
Any waste associated with oil, gas and geothermal exploration,
production or development activities; or
(C)
Any item listed as a special waste in this definition;
(19)
Any waste stream other than household or commercial garbage,
refuse or rubbish;
(20)
Lead acid storage batteries; and
(21)
Used-oil filters from internal combustion engines.
Unusual accumulation.
(1)
For residences, each regular collection that cannot fit into
a residential garbage receptacle;
(2)
For commercial establishments, accumulations that would not
occur in the ordinary course of business;
(4)
Materials judged by the director of public works or his duly
appointed representative to be hazardous, such as oil, acid or caustic
materials; and
(5)
Existing conditions favorable to the harboring and/or breeding
of any agent, such as an insect, reptile, rodent or other agents capable
of transferring a pathogen from one organism to another.
(Ordinance 2020-05 adopted 2/13/20; Ordinance
2024-24 adopted 8/8/2024)
Deposits and fees are as specified in the master rates and fee
schedule adopted by the city council and on file with the city secretary
which may be amended from time to time shall be required of all customers
requesting the collection and disposal of refuse by the city’s
designated contractor. All utility customers shall receive solid waste
and recyclable material collection service. The charges for collection
service shall be included on the monthly utility bill of the customer.
For partial months, such charges shall be prorated for each and every
day of the month during which such service is available and provided
to the residential customers. An increase in monthly fees may be made
upon approval of the city council. A penalty for overdue payment of
the monthly utility bill may be charged.
(Ordinance 2020-05 adopted 2/13/20)
The storing or keeping of garbage, rubbish, brush, refuse and/or
recyclable material that is unsightly or a health, fire or safety
hazard or a harbor for reptiles, rodents, insects, or other animals
is prohibited and shall constitute a public nuisance. Removal of all
such materials is the owner’s responsibility and shall be done
at the owner’s expense.
(Ordinance 2020-05 adopted 2/13/20)
Dumping of any garbage, solid waste, recyclable material, rubbish,
brush and/or other refuse in any place and in any manner other than
that designated in this chapter is prohibited.
(Ordinance 2020-05 adopted 2/13/20)
(a) Every
owner, tenant, occupant or lessee using or occupying any building,
house, or structure within the corporate city limits of the city for
residential, church, school, commercial, business or other purpose
shall use a collection container that is only in designated areas
or receptacle authorized by this article provided by the city, its
designated contractor, or a hauler. All garbage and trash mixed with
water or other liquids shall be drained before being placed in the
collection container or receptacle.
(b) Every
owner, tenant, occupant or lessee using or occupying any building,
house or structure within the corporate city limits for residential,
church, school, commercial, business or other purpose shall notify
the city of any loss, theft or damage to the collection container
or receptacle and shall be responsible for replacement costs unless
the damage is a result of collection by contractor.
(c) It shall
be the duty of every residential customer to keep the residential
garbage and recycling receptacle in a clean and sanitary condition.
(d) Except
when placed for collection, residential garbage and recycling receptacles
shall be stored behind the front building line if collection occurs
from a public street, or stored adjacent to the main structure if
collection occurs from an alley. Commercial collection containers
or receptacles shall be kept in a screened area, unless such requirement
is waived by the director of public works or his duly appointed representative.
(e) Brush
that cannot fit into the residential garbage receptacle shall be tied
in bundles not to exceed four feet in length with no limbs exceeding
six inches in diameter. Bundles of brush shall be comparable in size
and weight with bags of garbage, not to exceed 50 pounds each.
(f) The city
manager or his designated representative shall cause regular inspections
to be made to ensure compliance with the terms of this section, and
if any unsanitary collection container or receptacle is found, a notice
shall be placed upon such collection container or receptacle informing
the owner to clean the same within five days. Failure to comply with
such notice shall constitute a violation of this section.
(Ordinance 2020-05 adopted 2/13/20)
(a) There
shall be solid waste collection once weekly, once every other week
for recyclable items, and as scheduled in designated areas for bulky
waste.
(b) It shall
be the duty of the owner, occupant, tenant or lessee of a residence,
commercial establishment or other building to place the garbage or
recyclable material in proper receptacles at the curb line or at the
alley most accessible to the collection crew vehicle as determined
by the contractor and the director of public works or his duly appointed
representative.
(c) Garbage
and recyclable material shall not be placed at the point of collection
before 6:00 p.m. prior to the designated day of collection and any
garbage receptacles or recycling receptacles shall be removed within
24 hours from the point of collection and stored in accordance with
this Article.
(d) Unusual
accumulations, brush or bulky wastes shall not be placed for regular
garbage pickup. Removal of unusual accumulations, brush or bulky wastes
may be requested for a special collection, and there shall be an additional
fee for such service as determined from time to time by city council.
The city shall be the authority to determine what constitutes unusual
accumulations if there is a difference of opinion between a customer
and the contractor.
(e) Materials
intended for recycling shall not be placed for collection with waste
materials. Recycling collection activities are to be separate from
garbage collection activities.
(f) It shall
be the duty of the owner, occupant, tenant or lessee of any premises
to report the failure to collect properly prepared property garbage
and recyclable material for a consecutive period of two weeks to the
city where the holder of a franchise granted by the city is responsible
for such collection; and if the owner, occupant, tenant or lessee
elects to regularly remove garbage and recyclable material from his
premises, it shall be unlawful for such owner, occupant, tenant or
lessee to remove such accumulation less often than required under
this section.
(g) All putrescible
waste must be placed in the residential garbage receptacles.
(h) From the time of placement of solid waste and of recyclable material at the point of collection by the owner, occupant, tenant or lessee of a residence for collection in accordance herewith, such solid waste and recyclable material shall be delivered by the designated contractor, as specified in section
6.114, to the appropriate facility for disposition pursuant to contract with the city.
(Ordinance 2020-05 adopted 2/13/20)
(a) For the
collection and removal of solid waste and brush in a residential garbage
receptacle and collection of recyclables in a residential recycling
receptacle once a week, a monthly charge shall be as determined from
time to time by the city council.
(b) For each
additional residential garbage receptacle, or residential recycling
receptacle, the monthly charge shall be as determined from time to
time by the city council.
(c) For the
collection of unusual accumulations, there shall be a fee as determined
from time to time by the city council.
(d) For other
solid waste collection or disposal services not listed, the city and
contractor shall work together to determine a reasonable fee, pending
council approval of the fee within 60 days.
(Ordinance 2020-05 adopted 2/13/20)
(a) Collection
containers commonly used by commercial garbage and recycling collectors,
including residential garbage and recycling receptacles (for commercial
use), shall be placed at a location on the premises mutually agreeable
to the customer, the city, and its designated contractor. The director
of public works or his duly appointed representative may authorize
the use by a commercial customer of residential garbage or recycling
receptacles on a case by case basis after the commercial customer
makes request for use of such residential receptacles. The collection
and removal of garbage and recyclable material from buildings and
premises used for commercial and institutional purposes shall not
be made less than one time per week and as often as necessary in order
to maintain such premises free of accumulations of garbage, trash
and brush. Materials for recycling shall not be placed for collection
with waste materials. Recycling collection activities shall be separate
from garbage collection activities. A commercial business shall be
responsible for the collection and lawful disposal of hazardous waste
generated by that commercial business.
(b) From the
time of placement of solid waste and of recyclable material at the
point of collection by the commercial business for collection in accordance
herewith, such solid waste and recyclable material shall be delivered
by the designated contractor to the appropriate facility for disposition
pursuant to contract with the city.
(Ordinance 2020-05 adopted 2/13/20)
The service charge for commercial collections shall be based
on the frequency of collection necessary and the amount regularly
collected.
(1) Minimum
service level.
The minimum service level is one 96-gallon
garbage collection container picked up one time a week and one recyclable
material collection container picked up once every other week for
a fee as determined from time to time by the city council. Additional
collection containers can be requested for an additional fee as determined
from time to time by the city council. The property owner is responsible
for replacement of the collection containers in the case of theft,
loss, or damage. There shall be a fee as determined from time to time
by the city council charged for collections of unusual accumulations.
(2) Other
solid waste collection and disposal services.
For other
solid waste collection or disposal services not listed, the city and
contractor shall work together to determine a reasonable fee, pending
city council approval of the fee within 60 days.
(3) Additional
services.
Service charges for additional services shall
be by customer agreement with the contractor.
(Ordinance 2020-05 adopted 2/13/20)
(a) The disposal
of commercial garbage, recyclable material, rubbish and brush by placing
the same in public trash receptacles located on public streets in
the city is prohibited. The collection and removal of garbage, recyclable
material, rubbish, and brush from buildings and premises used for
commercial or institutional purposes shall be made not less than one
times per week and as often as necessary in order to maintain such
premises free of accumulations of garbage, trash and brush.
(b) Fee charges
for private haulers of recyclable materials shall be by customer agreement.
(c) No annual
private haul vehicle will apply using the authorized solid waste and
recycle franchise hauler.
(Ordinance 2020-05 adopted 2/13/20)
(a) The city
shall designate a contractor to regularly collect and remove all garbage,
recyclable material, rubbish, and solid waste, excluding hazardous
waste, from all premises within the corporate city limits. This agent
shall operate by contract with the city. The city manager shall take
action to see that the terms of the contract are fulfilled. In the
event of any conflict between the terms of the contract and the city’s
ordinances on the collection of solid waste, the ordinances shall
control. The designated collection contractor shall not be responsible
for the collection of hazardous waste except.
(b) In the
event that the designated collection contractor lacks adequate and/or
appropriate resources to collect and remove solid waste from public
improvement projects, the director of public works may authorize solid
waste removal by another contractor.
(Ordinance 2020-05 adopted 2/13/20)
(a) Individual
residents may remove garbage, recyclable material, rubbish, brush
or unusual accumulations from their own residences, provided that
the garbage, recyclable material, rubbish, brush or unusual accumulations
are secured.
(b) It shall
be unlawful for any person to engage in the business of collecting
solid waste within the city except as may be specifically authorized
by contract with the city and the payment of a license fee to so operate.
(c) It shall
be unlawful for any person to engage in the business of collecting
solid waste within the city except as may be specifically authorized
in accordance with this article.
(Ordinance 2020-05 adopted 2/13/20)
(a) Pilfering,
scattering contents or meddling with garbage, recyclables, rubbish,
or collection containers or receptacles by any person other than the
owner, occupant or authorized agent is prohibited.
(b) It shall
be unlawful for any person to deposit any burning match, charcoal,
ember or other burning material in any collection container or receptacle
used for the disposal of garbage, recyclable material, rubbish, or
brush.
(c) It shall
be unlawful for any person to deposit any materials not included in
the definitions of garbage, recyclable material, rubbish and brush
in any collection container or receptacle used for the disposal of
garbage, recyclable material, or rubbish.
(d) It shall
be unlawful for any unauthorized person, other than the commercial
customer or its employees or agents, to deposit any materials in a
commercial collection container or receptacle.
(e) It shall
be unlawful to deposit solid waste generated from within the corporate
city limits in any place other than a landfill unless authorized by
the executive director of public works or his duly appointed representative.
(f) It shall
be unlawful to store or place in a screening enclosure that is provided
for garbage and/or recycling containers and/or receptacles any debris,
solid waste or any other item for storage that is not a solid waste
and/or a recycling container and/or receptacle.
(g) It shall
be unlawful to bring in waste for disposal from outside of city limits.
(Ordinance 2020-05 adopted 2/13/20)
(a) Individual
residents may remove recyclable material from their own residences;
provided that the recyclable materials are secured.
(b) It shall
be unlawful for any person, including, without limitation, a resident
or commercial business customer, to cause a diversion of recyclable
materials at any location in violation of state law.
(c) No person,
including, without limitation, a resident or commercial business customer,
may contract for the diversion of recyclable materials with any contractor
other than the designated contractor of the city.
(Ordinance 2020-05 adopted 2/13/20)
It shall be the duty of any person employing a contractor, tree-trimmer,
or other person to trim or prune trees or shrubs to have said trimmings
removed from the premises at his own expense.
(Ordinance 2020-05 adopted 2/13/20)
(a) The provisions
of this article are adopted under V.T.C.A., Health and Safety Code
ch. 361.
(b) The regulations
promulgated in this article cover all aspects of municipal solid waste
management under the authority of the state and are based primarily
on the stated purpose of V.T.C.A. Health and Safety Code ch. 361,
as amended, hereafter referred to as the Texas Solid Waste Disposal
Act. The owner or operator of a municipal solid waste landfill (MSWLF)
facility shall comply with any other applicable federal rules, laws,
regulations or other requirements.
(Ordinance 2020-05 adopted 2/13/20)
The provisions of this article shall be enforced by the director
of public works or his duly appointed representative, and it shall
be unlawful for any person to interfere with or hinder the director
of public works or his duly appointed representative in the exercise
of his duties under this article. Notwithstanding any provisions contained
herein to the contrary, the director of public works or his duly appointed
representative are hereby granted the authority to issue immediate
citations to persons violating any provision of this article.
(Ordinance 2020-05 adopted 2/13/20)
(a) Any person
violating or failing to comply with any provision or requirement of
this article, who continues to violate or fails to comply with same,
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
offenses listed herein being violations of the health and safety ordinance
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 by the city of any nuisance created
by the violation of this article and the charging of the cost of abatement
of said nuisance against the owner of the property.
(b) Notwithstanding
the foregoing, any violation of any provision of this article which
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 V.T.C.A. Local Government Code ch.54, which chapter
provides for the enforcement of municipal ordinances.
(d) Allegation
and evidence of a culpable mental state is not required for the proof
of an offense defined by this article.
(Ordinance 2020-05 adopted 2/13/20)
Brush.
Trees and shrubs on premises will be picked up by the city.
Brush shall not include trash, garbage, yard trimmings, leaves, lumber
or any other debris. Nor does the service include the removal of trees
and brush which has resulted from the clearing of land by heavy equipment,
i.e. bulldozers etc.
(Ordinance 2020-05 adopted 2/13/20)
Brush shall be processed in manageable sizes. Any trunk or limb
exceeding eight inches (8") in diameter shall be cut into a manageable
size of four (4) foot or less. No single branch shall exceed forty
(40) pounds in weight and shall be processed in a manageable size.
(Ordinance 2020-05 adopted 2/13/20)
Brush pickup service shall be provided to each applicable residential
and business premises weekly whether the brush or trimmings or cut
by the resident or a professional tree trimming service as long as
the resident pays brush pick-up fees. In the interest of ensuring
brush collection for the entire city in a timely manner, the brush
department shall not normally deviate from the established routes.
Each neighborhood within the city limits has a designated brush pick
up day. No collection of brush shall be made on Saturday, Sunday or
holidays observed by the city. Brush shall be placed at the curbside
in a manageable pile no later than 7:00 a.m. on the designated scheduled
collection day.
(Ordinance 2020-05 adopted 2/13/20)
Brush shall be placed at the customer’s curbline. Brush
will be picked up at no other location, and in no case shall brush
department crews enter private property to cut or remove brush and
debris.
(Ordinance 2020-05 adopted 2/13/20)
There shall be charged, assessed, and collected from each person,
firm, or corporation within the city limits for brush collection and
disposal at the rates set out to-wit:
A fee of five (5) dollars will be charged each month where actual
loading time is not more than fifteen (15) minutes per pick-up. In
the event the city’s designated brush department representative
estimates that the time required for removal of brush from a particular
residence or commercial business will exceed fifteen (15) minutes
in duration, additional charges shall be levied to cover the cost
of city work hours and equipment. A time limit of one hour per residence
per week is preferred. Subsequent to the removal of brush from the
customer’s premises, the city’s representative shall determine
the actual work time taken, and a corresponding charge shall be levied
on the customer’s utility bill of $20.00 for each additional
fifteen (15) minute period of actual work time required for brush
removal. Charges shall not be prorated for periods of less than fifteen
(15) minutes.
(Ordinance 2020-05 adopted 2/13/20)