(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
(2) Chapter
34, "Environment":
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.