It shall be unlawful for any person or entity who shall own
or occupy any property within the city limits to knowingly allow:
(1)
The
accumulation of refuse, vegetation, or other matter that creates breeding
and living places for insects and rodents;
(2)
The
accumulation of materials or matter that creates a public safety hazard;
(3)
The
existence of a dangerously damaged or deteriorated structure or improvement;
or
(4)
The
discharge of a pollutant, other than from a non-point source, into
a sewer system, including a sanitary or stormwater sewer system, owned
or controlled by the city.
(Ordinance 2014-395A, sec. 1, adopted 10/14/14; Ordinance adopting Code)
The provisions of Texas Local Government Code, chapter 54, Enforcement
of Municipal Ordinances, subchapter C, Quasi-Judicial Enforcement
of Health and Safety Ordinances, are hereby implemented by the city.
(Ordinance 2014-395A, sec. 2, adopted 10/14/14)
The commonly accepted meanings of the terms used herein shall
control the enforcement of this article.
includes discarded automobiles, appliances, building materials
or implements.
refers also to “garbage,” “junk,”
or “rubbish” and shall mean and include all material,
new or used, decayable or non-decayable, which when kept, stored,
or allowed to accumulate upon property, creates or tends to create
an unsafe, unsightly, or unsanitary environment, promotes the breeding
and habitat for insects, rodents or other vermin, or has a blighting
influence on the property in question or on the neighborhood.
refers also to any plant matter, weeds, shrubs, brush, vines,
or grasses which have achieved such growth, or to clippings, fallen
leaves or branches which, by their accumulation, create or tend to
create an unsafe, unsightly, or unsanitary environment, promote the
breeding and habitat for insects, rodents or other vermin, or have
a blighting influence on the property in question or on the neighborhood.
(Ordinance 2014-395A, sec. 3, adopted 10/14/14)
(a)
Violations
of this article may be noted by an employee of the city or by any
citizen who files a written complaint with the city secretary or the
chief of police. Such complaint shall set forth with specificity the
matters complained of.
(b)
Before
the imposition of any penalties under this article, the property owner
shall be notified in writing by an official of the city authorized
to provide such notice of the specific property conditions complained
of and of the requirement to implement corrective measures within
a reasonable period. For purposes of this article, thirty days following
receipt of notice is deemed to be reasonable. Thereafter the offending
party shall be cited to appear and answer in the city municipal court
as in any other criminal proceeding. Nothing herein is intended to
limit the initiative of city officials to encourage compliance with
this article without the necessity of enforcement proceedings.
(c)
Notice
shall comply with the requirements of Local Government Code, chapter
54.
(Ordinance 2014-395A, sec. 4, adopted 10/14/14)
(a)
A violation of this article shall be a class C misdemeanor, punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. The city municipal court shall have the authority to assess fines and penalties necessary to enforce this article.
(b)
On
a two-thirds vote of the members present, the city council may remit
a fine or penalty, or part of a fine or penalty, imposed or incurred
pursuant to this article.
(c)
Nothing
herein shall be considered as a limitation upon the city’s right
to seek injunctive relief and civil penalties as provided for by Local
Government Code chapter 54.
(Ordinance 2014-395A, sec. 5, adopted 10/14/14; Ordinance adopting Code)
