[1]
Editor's note—Ord. No. B-754-06, § 1, adopted Aug. 10, 2006, superseded former Art. II, which pertained to cleanliness of premises and derived from Code 1983, §§ 7-20—7-22; Ord. No. B-291, adopted August 13, 1981.
(Ord. No. B-754-06, § 1, 8-10-2006; Ord. No. B-791-09, § 1, 11-16-2009; Ord. No. CSO#629-05-2017, § 2, 5-8-2017; Ord. No. CSO#1264-01-2020, § 1, 2-3-2020)
Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances.
(1) 
Maintaining the exterior property area or any structure which is not reasonably free from holes and excavations, sharp protrusions, and other objects or conditions which might be a potential cause of personal injury to the occupants or to the public.
(2) 
Maintaining any cellar, vault, well, drain, sewer or septic tank, which presents a potential injurious threat to the health or safety of the public.
(3) 
Maintaining a fence or screening wall in a manner that constitutes a public hazard to persons or property. All fences shall be maintained reasonably plumb and structurally sound. Any fence or screening wall that is severely deteriorated and constitutes a public hazard to persons or property or is 15 degrees or more out of plumb shall be repaired, replaced or removed.
Exception: This section is not intended to require the removal of any screening device that is otherwise required by the zoning ordinance or subdivision regulations, provided however, that the owner shall keep any such screening device in good repair and replace the same when necessary.
(4) 
Discharging of any sewage waste directly or indirectly onto the ground or into any stream, creek, waterway or other body of water.
(5) 
Maintaining any sanitary plumbing fixtures and facilities not in compliance with the public health laws, ordinances, and regulations of the state, the county and the city.
(6) 
Permitting, maintaining or causing the emission of foul, offensive, noisome, nauseous, noxious or disagreeable odors repulsive to the physical senses of ordinary persons.
(7) 
Permitting any land area, tank, alley, gutter, swimming pool, or open receptacle containing water, whether above-ground or in-ground, or a source of water to become stagnant, foul, nauseous, offensive or unpleasant, or provide harborage for mosquitoes, flies, or other insects.
Exception: This provision shall not prohibit the city from abating, without notice and in the manner described by V.T.C.A., Health and Safety Code ch. 341, any mosquito-related public nuisance as described in V.T.C.A., Health and Safety Code § 341.011(7) that is located on residential property that is reasonably presumed to be abandoned or that is uninhabited due to foreclosure and is an immediate danger to the health, life, or safety of any person.
(8) 
Maintaining a public or private swimming pool, hot tub, and their related accessory structures in an unsafe, unsecured, unclean, unsanitary, or unsound condition, or allowing the clarity of the water to degrade to a point that the main drain is not visible from the water surface in normal lighting conditions.
(9) 
Permitting the accumulation or the dumping of garbage, rubbish, trash, junk, rubble or debris, decaying vegetation, or to make nauseous, foul or putrid discharges, which provides a breeding place for insects or rodents which is offensive, tends to decay, become putrid, become offensive and odorous, or which renders the atmosphere impure or unwholesome and provides harborage for flies, mosquitoes, rodents, rats, snakes, or vermin.
(10) 
Permitting the accumulation or the dumping of garbage, rubbish, trash, junk, rubble or debris, building materials, building rubbish, discarded furniture, tree limbs, leaves, household waste items, ashes, inoperable household appliances, vehicle tires, scrap metal, or automobile parts on any private property and/or depositing the same onto any public right-of-way or private property.
Exception: This provision is not intended to prohibit the operation of a municipal solid waste transfer, processing, storage, or disposal site licensed by the state.
Exception: This provision shall not prohibit the development and operation of a traditional compost activity under the control and management of the property owner, if operated in compliance with city standards.
(11) 
Permitting the accumulation or the burial of rubbish, junk, building material wastes, road material wastes, rubber tires, garbage, trash or refuse, or the depositing of any substance which is detrimental to the public health, safety or the dumping or burying of used motor oils or any other chemical substance which is not permitted by the state commission on environmental quality directly onto or into the ground.
(12) 
Permitting a lawn irrigation system to spray or overflow water into a public street during periods of freezing weather when such water freezes and results in a potentially dangerous condition; or, permitting a lawn irrigation system to spray or overflow water during any periods regardless of the weather into a public street designated as a collector or arterial roadway on the thoroughfare plan; or permitting a lawn irrigation system to spray or overflow water during any periods regardless of the weather if the overflow is excessive or exceeds minimal spills created by the automatic operation of sprinkler systems.
(13) 
The expectoration of mucous, saliva, saliva mixed with tobacco products, remains of any chewed or partly chewed tobacco or snuff, or the remnant of any partially chewed or smoked cigar upon any public sidewalk or upon the floor of any public building or public vehicle; or, the littering of any public place, public building or public vehicle with any tobacco products or with any tobacco product packaging.
(14) 
Capturing, diverting, impounding, and conveying water in a manner that runoff is directed upon the property of another by:
a. 
The roof or eaves of any building or structure that project beyond the vertical projection of any property line, or
b. 
Concentrating stormwater via a pipe, channel, swale, or any system intended to convey stormwater which discharges flow within five feet of a property line and is conveyed directly onto the adjacent property, or
c. 
The discharging of swimming pool drainage or filter backwash.
d. 
It shall be a defense of prosecution under this subsection if:
1. 
Runoff is directed to a public right-of-way, drainage easement, or a swale along a common property line; or
2. 
Gutter downspouts are equipped with diverter or diffuser designed to slow the speed and reduce the force of the rain water exiting the gutter downspout.
(15) 
The parking, storing, or standing of an inoperable vehicle.
Exception:
a. 
Each single-family or two-family residence may park, store, or stand not more than one inoperable vehicle provided the vehicle is screened from view in all directions by a permanent screening fence of masonry and/or wood of redwood, cedar, or other wood material that is approved for outdoor application, not less than six feet in height.
b. 
Each single-family or two-family residence is permitted to park, store, or stand the one inoperable vehicle referenced in subsection (a) in public view while that vehicle is awaiting repair or in the process of being repaired for a period not to exceed 15 days.
(16) 
The storage of personal property such as recreational equipment (including bikes and scooters for rent), ramps, rubbish, trash, or junk in a manner that blocks a public right-of-way, including sidewalks.
(17) 
The burying the carcasses of any heavy animal, including but not limited to, cattle, horses, swine or other heavy domestic farm or wild animal.
(18) 
Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal.
(19) 
The act of casting, draining, throwing or causing to be cast, drained or thrown or distributed in any public street or highway, gutter, alley or any public or private ground within the city any kitchen water, water from exhaust pipes, laundry water, gray water, water from service stations and garages, air conditioners or other wastewater, slop, swill or liquid filth. Gray water means wastewater from clothes washing machines, showers, bathtubs, hand-washing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients. Swimming pool water may be discharged on to the property of the swimming pool owner but it may not be permitted to leave that property and invade adjoining properties.
(20) 
Any act or thing done, suffered, or maintained within the city limits which creates an attractive nuisance to persons of normal sensibilities that may interfere with the health and safety of persons within the community.
(21) 
Permitting or allowing the existence of any dead tree, as determined by a certified arborist, on any private property.
(Ord. No. B-754-06, § 1, 8-10-2006)
The chief of police, police officer, fire marshal, code enforcement officer, their designated representatives, or any other person specifically designated by the city manager are hereby directed and authorized to administer and enforce the provisions of this article. Nothing contained herein is meant to limit discretion of any enforcement officer in evaluating and directing compliance with this article.
(Ord. No. B-754-06, § 1, 8-10-2006)
The chief of police, police officer, fire marshal, code enforcement officer, their designated representatives, or any other person specifically designated by the city manager, acting in good faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against an enforcement officer, because of such act or omission performed in the enforcement of any provision of this article, shall be defended by legal counsel provided by the city until final termination of such proceedings.
(Ord. No. B-754-06, § 1, 8-10-2006)
Whenever it becomes necessary to make an inspection to enforce the provisions of this article, or whenever there is reasonable cause to believe that there exists in any structure or upon any property a condition which violates the provisions of this article, any enforcement personnel may enter such property at all reasonable times to inspect the same, or to enforce a provision of this article; provided, that if such property is occupied, the enforcement officer shall first present proper credentials and request entry. If such property is unoccupied, the enforcement officer shall first make a reasonable attempt to locate the owner, or other persons having charge or control of the property, and request entry, and if entry is refused, the enforcement personnel may attempt to secure entry by any legal means.
(Ord. No. B-754-06, § 1, 8-10-2006)
Whenever it is determined that a violation of this article exists, except where a different notification requirement is established in this chapter, the enforcement officer shall give notice of such violation or alleged violation to the person responsible for such violation as provided in this article.
(Ord. No. B-754-06, § 1, 8-10-2006; Ord. No. CSO#629-05-2017, § 3, 5-8-2017)
(a) 
Notice.
(1) 
The city is hereby authorized to give notice to the owner of any property which is in violation of the provisions of section 34-31, instructing the owner to abate the nuisance.
(2) 
If the owner of the property does not comply with the provisions of said abatement notice issued by the city within seven days after the date the notice is received, the city may:
a. 
Enter the property and do or cause to be done the work required to abate the nuisance; and
b. 
Pay for the work done and charge the expenses to the owner of the property.
(3) 
The notice must be given:
a. 
Personally to the owner in writing; or
b. 
By letter addressed to the owner at the owner's last known address as recorded in the appraisal district records of the appraisal district in which the property is located; or
c. 
If personal service cannot be obtained and the owner's post office address is unknown:
1. 
By publication at least once in the official newspaper of the City of Burleson; or
2. 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
3. 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(4) 
Any notice that is mailed to a property owner in accordance with this article, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered.
(5) 
Notice will be deemed to have been received:
a. 
For personal service, as of the date the notice was given personally to the owner;
b. 
For mailed notice, three days after date of postmark;
c. 
For notice by publication, on the date that the last notice was published in the official newspaper; or
d. 
For notice by posting, ten days after the notice was posted.
(6) 
In the notice of a violation, the city 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.
(7) 
If a violation covered by a notice under section 34-36 occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by section 34-38 and assess the expenses as provided by section 34-40.
(b) 
Placement of notice on vehicle.
The placement of a notice of violation on a vehicle in violation of section 34-36 shall be considered adequate notice under this article.
(c) 
Period for compliance.
The notice described in this section shall require compliance within seven days of the notice of violation.
(Ord. No. B-754-06, § 1, 8-10-2006; Ord. No. CSO#629-05-2017, § 4, 5-8-2017)
To enforce any requirement of this article, after the city has given an abatement notice to the property owner pursuant to section 34-36 and the property owner has not complied with such notice within seven days after receipt of the notice, the city may:
(1) 
Do the work for make the improvements required;
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property; and
(3) 
Cause appropriate action to be instituted by a court of competent jurisdiction.
(Ord. No. B-754-06, § 1, 8-10-2006)
Whenever the property owner, agent, or tenant, fails to abate the nuisance within the time allowed, the enforcement officer is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance.
(Ord. No. B-754-06, § 1, 8-10-2006; Ord. No. CSO#629-05-2017, § 5, 5-8-2017)
(a) 
All expenses incurred by the city to abate the nuisance, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property. If the charge is not paid to the city within 30 days after billing, it will become a charge against the property and the city may file a lien upon the property.
(b) 
To obtain a lien upon the property, the city shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) 
The lien shall be security for the expenditures made and interest accruing at the rate of ten percent per annum on the amount due from the date of payment by the city.
(d) 
The city may take necessary steps to release a lien file under this section when the city determines that it is in the best interest of the citizens of Burleson for a property to be kept or returned to the property tax rolls.
(Ord. No. B-754-06, § 1, 8-10-2006; Ord. No. CSO#629-05-2017, § 6, 5-8-2017)
An offense as defined under this article is a misdemeanor punishable by a fine not to exceed $2,000.00. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense.