[1]
Editor's note—Ord. No. B-754-06, adopted Aug. 10, 2006, superseded former Art. I, which, pertained to similar subject matter and derived from Ord. No. B-16, adopted May 28, 1962; Ord. No. B-56, adopted Jan. 27, 1966; Code 1983, §§ 7-1, 7-2; Ord. No. B-398, adopted Sept. 26, 1985.
(Ord. No. B-754-06, § 1, 8-10-2006)
Any real property, building, or portion thereof, or the premises, including a vacant lot, in which there exists a condition not in compliance with this article shall be deemed and is hereby declared to be a public nuisance and shall be a violation of this article and shall be subject to the penalty clauses of this Code.
(Ord. No. B-754-06, § 1, 8-10-2006; Ord. No. B-791-09, § 1, 11-16-2009; Ord. No. CSO#629-05-2017, § 1, 5-8-2017)
Terms, words, phrases and their derivatives used, but not specifically defined in this division, shall have the meanings defined in the American Heritage Dictionary of the English Language, Third Edition. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. For purposes of this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended.
DEBRIS
All putrescible and non-putrescible solid wastes, including garbage, trash, litter, junk, dead tree limbs or brush, rubbish, rubble, debris, ashes, wreckage, street cleanings, dead animals, abandoned or inoperable household appliances, moveable furniture and/or appliances not designed for or modified to withstand the elements and outdoor use, and industrial wastes.
ENFORCEMENT OFFICER
The chief of police, police officer, fire marshal, code enforcement officer, their designated representatives, or any other person specifically designated by the city manager and charged with any enforcement and administration of this article.
EXTERIOR PROPERTY AREA
The open space on the premises and on adjoining property under the control of the owner or agent of such premises.
GARBAGE
All putrescible waste, except body waste, including animal and vegetable waste resulting from handling, preparation, cooking, storage or consumption of food.
INOPERABLE VEHICLE
A vehicle that is rendered temporarily or permanently inoperable due to conditions such as, but not limited to, flat tire or tires, missing tires or wheels, partially wrecked or dismantled, in a state of disrepair or otherwise unserviceable or not drivable.
INSPECTION
The examination of property by the enforcement officer or authorized representative for the purpose of evaluating its condition as provided for in this article.
JUNK
All worn-out, worthless or discarded material including, but not limited to, any of the following materials, or parts of such 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 that which 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.
OWNER
Any person, agent, firm, corporation, association or other entity having legal or equitable interest in a property as shown on the most recent tax roll.
PERSON
Any person, agent, firm, corporation, association or tenant.
PUBLIC NUISANCE
Any act, condition or thing existing, done or in being, which act, condition or thing endangers the peace, property, health, and safety of the citizens of the city.
PUTRESCIBLE
Capable of becoming putrid, rotten, foul and offensive.
RUBBISH OR TRASH
All non-putrescible wastes including, but not limited to, debris, tin cans, bottles, papers, grass and weed cuttings, paper boxes, wood or building materials and tree limbs generally not exceeding three feet in length and generally not exceeding a weight of more than 50 pounds.
RUBBLE
Solid waste larger and heavier than rubbish, including but not limited to, discarded appliances and furniture, large tree limbs, discarded fences, generally exceeding three feet in length and 50 pounds in weight.
TENANT
Any person, agent, firm, corporation, or association who occupies a property or premises and who is not the owner.
VEHICLE
Any motor vehicle subject to registration under the Certificate of Title Act (Chapter 501, Transportation Code) and also including, but not limited to, trailers, recreational trailers, camper tops, boats and boat trailers or any associated body or mechanical parts.
YARD, FRONT
The area extending across the entire width of the lot and situated between the front lot line and the most extreme front corners of the building, or, in the absence of a building, the area extending across the entire width of the lot to the front building setback line.
YARD, REAR
The area extending across the entire width of the lot and situated between the rear lot line and the most extreme rear corners of the building, or in the absence of a building, the area extending across the entire width of the lot to the rear of the rear building setback line.
YARD, SIDE
The area extending between the side lot line and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line and extending from the front yard to the rear yard. This definition does not apply to a side yard adjacent to a street of corner lots.
YARD, SIDE ADJACENT TO A STREET
The area extending between the side lot line adjacent to a street and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line adjacent to a street and extending from the front yard to the rear property line.
(Ord. No. CSO#886-09-2018, § 1, 9-17-2018)
The following articles and sections of the Code of Ordinances, City of Burleson, as they may be amended, defining and prohibiting nuisances, are declared to be necessary to prevent and abate nuisances and shall hereafter be enforced in areas located in the ETJ within 1,000 feet of the corporate boundaries of the city:
(1) 
Chapter 10, "Buildings": Article XIII, "Dangerous and Substandard Buildings" save and except for the following:
a. 
Paragraphs 3, 4, 6, 11 and 17 of section 10-454; and
b. 
Section 10-455.
(2) 
Chapter 34, "Environment":
a. 
Article I, "In General",
b. 
Article II, "Public Nuisances" save and except for subsection 34-31(17),
c. 
Article III, "Weeds and Excessive or Wild Growth", and
d. 
Article IV, "Junked, Wrecked, Abandoned Property".
(3) 
Chapter 38, "Fire Prevention": Article IV, "Storage of Tires".
(4) 
Chapter 54, "Miscellaneous Offenses":
a. 
Article IX, "Supervision of Community Homes".
(5) 
Chapter 82, "Utilities": Article IV, "Stormwater Pollution Control," sections 82-161 through 82-166 and section 82-172 through the end of the article.