For the purposes of this article, the term “nuisance”
is defined to mean any condition or use of premises or of building
exteriors which is detrimental to the property of others, causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located, or any such
condition or use of premises that is dangerous to human health or
welfare. This includes, but is not limited to, the keeping or the
depositing on, or the scattering over the premises, of any of the
following:
(1) Lumber,
building materials, junk, trash or debris;
(2) Storage
of furniture, other than furniture designed for outside use, household
items, and products of a commercial trade or business enterprise,
whether such items are so used or not outside;
(3) Abandoned,
discarded or unused objects or equipment such as automobiles, furniture,
stoves, refrigerators, freezers, cans, or containers;
(4) Items
of salvage such as scrap metals, rags, papers, bottles, cans, and
similar items;
(5) Any
compost pile which is of such a nature as to spread or harbor disease,
emit unpleasant odors or harmful gas, or attract rodents, vermin or
other disease-carrying pests, animals or insects;
(6) Keeping
unsanitary matter on premises. It shall be unlawful for any person
to keep, or permit another to keep, upon any premises, deleterious
or septic material, unless such material is retained in containers
or vessels which deny access to humans, flies, insects, rodents and
animals;
(7) Any
inoperable, dismantled, wrecked or junked vehicles, motorized or otherwise;
(8) Any
dead or damaged tree which poses a serious threat to life or property
on the premises, adjacent premises, or adjacent public right-of-way.
(Ordinance 1007 adopted 8/13/13; 2004 Code, sec. 8.601)
No person owning, leasing, occupying or having charge of any
premises shall maintain or keep any nuisance thereon, nor shall any
such person keep or maintain such premises in a manner causing substantial
diminution in the value of the other property in the neighborhood
in which such premises are located.
(1987 Code, ch. 7, sec. 6B; 2004
Code, sec. 8.602)
(a) Upon
becoming aware of nuisance conditions set forth herein, the police
chief or his designated representative shall make a determination
whether or not the conditions and circumstances constitute a nuisance
as herein defined. If it is determined that the conditions constitute
a nuisance, the police chief shall cause a written notice to be given
to the owner, tenant or person in control of said premises, or an
agent thereof, to remove or abate the nuisance. Such notice shall
state the nature of the nuisance and that it must be removed or abated
within ten (10) days and that failure to do so may cause a complaint
to be filed in municipal court for violation of maintaining a nuisance.
Such notice shall be given by delivering the written notice personally
or by leaving it at his or her dwelling or usual place of abode with
some person of suitable age and discretion residing therein or by
mailing the written notice by certified mail, return receipt requested.
If the whereabouts of the owner of the property are unknown, the notice
shall be mailed by certified mail, return receipt requested, to the
last known address listed on the tax roll and by publication in the
official newspaper on two (2) separate days at least six (6) days
apart. Where the notice is mailed it shall be prima facie evidence
of service if an executed return receipt is received.
(b) Where after diligence has been exercised to serve notice to the owner, tenant, or person in control of said premises or agents thereof, and such notice cannot be delivered and/or where such notice has been served but the nuisance has not been removed or abated within the ten (10) day period, the police chief shall then cause a summons to be obtained and delivered to the owner, tenant or person in control of said premises, or an authorized agent thereof, requiring such condition to be abated or to appear before the municipal court of the city at a stated time and place. The summons shall be served to the defendant by a peace officer by delivering a copy to him personally; or leaving it at his usual place of abode with some person of suitable age and discretion residing therein; or by mailing to the defendant’s last known address by certified mail, return receipt requested. The summons shall state the nature of the nuisance on the property and that it must be removed or abated within ten (10) days or the complaint will be heard in municipal court for violation of maintaining a nuisance as defined in this article, and furthermore, any person found guilty of maintaining such nuisance shall be guilty of a misdemeanor and be subject to a fine in accordance with the general penalty provision set forth in section
1.01.009 of this code for each offense and that the municipal court shall order the removal and abatement of the nuisance.
(1987 Code, ch. 7, sec. 6C; 2004
Code, sec. 8.603)
If the owner, tenant or person in control of said premises,
or agent thereof, fails to comply with the order to remove or abate
any nuisance, then in addition to any fine which may be levied against
such person, the court may allow the city to remove or abate such
nuisance. The city may then cause the said nuisance to be removed
or abated, and the expenses of such procedure shall be charged against
the owner and shall thereupon become a valid and enforceable personal
obligation of the owner of such premises which may be recovered by
the city in a suit brought for that purpose, and the city may assess
the expenses on the property on which the nuisance is located or situated
and make the same a lien thereon.
(1987 Code, ch. 7, sec. 6D; 2004
Code, sec. 8.604)
(a) Whenever
the city shall have performed any work or paid any necessary expenses
in connection with any work done in the removal or abatement of any
nuisance, it shall be the duty of the mayor to immediately prepare
and deliver or mail to the owner of the property upon which the nuisance
was located an itemized statement in the form of an affidavit, duly
sworn to, of all such work performed and all costs and expenses incurred
and paid by the city in connection therewith. Said statement shall
be sent to the owner of said property if his true address is known;
if not, then to the owner of record according to the last official
tax roll of the city at the address carried in connection therewith.
Such affidavit, among other things and provisions, shall contain the
following:
(1) Name and address of the owner, and name and address of the tenant
or agent of the property if known, and if unknown, recite the fact;
(2) Description of the property sufficient to identify same, and where
property has been subdivided, a description by lot and block number
of any particular subdivision shall be sufficient, or the description
as per the revised map of the city;
(3) Statement of the action of the city;
(4) Itemized statement of the work done and performed, together with
the cost thereof opposite each item; and
(5) Statement of payment made by the city to other parties, and to whom
made, or reasonable charges by any concerned city department.
(b) Upon
delivery or mailing of the statement and affidavit provided for above,
the city shall be entitled to the payment of the aggregate amount
so expended, or reasonable charges for city work or costs paid, as
therein set forth. Should the owner fail or refuse to pay the amount
due within thirty (30) days thereafter, the affidavit containing the
information as set out hereinabove, signed by the mayor, shall be
filed with the county clerk of Tarrant County. Such statement, when
filed, shall constitute a lien upon the property on which the expense
was incurred, second only to tax liens and liens for street improvements,
and the amount remaining unpaid on said statement shall accrue interest
at the rate of ten (10) percent per annum from the date of expenditure
by the city, or from the date that the city itself performed such
work and incurred said expense, as provided for in V.T.C.A., Health
and Safety Code, chapter 342.
(1987 Code, ch. 7, sec. 6E; 2004
Code, sec. 8.605)