Whatever renders the ground, water, air or food hazardous or
injurious to human life or health or is offensive to the senses or
whatever is or threatens to become detrimental to the public health
is hereby declared to be a nuisance, prohibited and made unlawful.
(Ordinance 2019-07 adopted 5/7/19)
(a) It shall be the duty of the owner, or the owner’s agent, or
the occupant or the occupant’s agent, of any lot, building,
premises or place of any kind within the city where any nuisance may
exist or of any person who commits, causes, creates, permits, keeps
or otherwise maintains a nuisance to remove, abate or destroy the
same without delay.
(b) Summary abatement authority rests in the city’s enforcement
or health officials when imminent threat to the public health, safety,
or welfare may arise.
(Ordinance 2019-07 adopted 5/7/19)
(a) Any person who violates, or any person who causes or allows another person to violate, any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by as provided in section
1.01.009. Each occurrence of any violation of this article shall constitute a separate offense. Each day in which any violation of this article occurs shall constitute a separate offense.
(b) Whenever the prosecution of a nuisance results in a conviction and
the court presiding over such prosecution finds the nuisance continues
at the time of conviction, such court shall order and adjudge the
removal, abatement or destruction of the nuisance, as the case may
require, and shall issue a separate warrant therefor. The court shall
inquire into the probable costs of such removal, abatement or destruction
and shall tax the costs thereof against the defendant as costs in
the case.
(Ordinance 2019-07 adopted 5/7/19)
Under authority of the Texas Local Government Code, section
217.042, any violation of provisions of this article is here declared
a nuisance and extends to and shall be applicable within both the
corporate limits of the city and within five thousand (5,000) feet
outside the limits.
(Ordinance 2019-07 adopted 5/7/19)
(a) Any unreasonably noxious, unpleasant, or strong odor, which causes
material distress, discomfort or injury to persons of ordinary sensibilities
and extends beyond the boundaries of the property on which such odor
originates, is hereby declared to be a nuisance, is prohibited and
is made unlawful.
(b) Any odor of such character, strength and continued duration which
substantially interferes with the comfortable enjoyment of private
homes by persons of ordinary sensibilities is hereby declared to be
a nuisance, is prohibited and made unlawful.
(c) The following things, among others, are declared to be offensive
odors and health and sanitation nuisances in violation of this article
and are hereby prohibited and made unlawful, but said enumerations
shall not be deemed to be exclusive:
(1) Chemicals.
Offensive odors from the use or possession
of chemicals or from industrial processes or activities which shall
disturb the comfort and repose of persons of ordinary sensibilities.
(2) Smoke.
Offensive odors from smoke from the burning of
rubbish, trash, rubber, chemical substances or other things or substances
which shall disturb the comfort and repose of persons of ordinary
sensibilities.
(3) Stagnant pools, refuse, and composting.
Offensive odors
from stagnant pools, rotting garbage, refuse, offal, or composting
which shall disturb the comfort and repose of persons with ordinary
sensibilities.
(4) Dead animals.
Offensive odors from dead animals which
shall disturb the comfort and repose of persons with ordinary sensibilities.
(Ordinance 2019-07 adopted 5/7/19)