(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)
Nothing in this article shall prohibit the requirement for abatement
within 24 hours when a nuisance has been declared an immediate threat
to the public health and safety by any enforcement personnel.
(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.