For the purposes of this article, the word “nuisance”
is hereby defined as any person doing an unlawful act, or omitting
to perform a duty, or suffering or permitting any condition or thing
to be or exist, which act, omission, condition or thing either:
(1) Injures
or endangers the comfort, repose, health or safety of others;
(3) Is
offensive to the senses;
(4) Unlawfully
interferes with, obstructs or tends to obstruct or renders dangerous
for passage any public or private street, highway, sidewalk, stream,
ditch or drainage;
(5) In
any way renders other persons insecure in life or the use of property;
(6) Essentially
interferes with the comfortable enjoyment of life and property, or
tends to depreciate the value of the property of others.
(Ordinance 834 adopted 9/2/82; Ordinance 1107, sec. 1, adopted 6/18/09)
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property any of the following
items, conditions, or actions are hereby declared to be and constitute
a nuisance and are therefore prohibited and unlawful; provided, however,
this list shall not be deemed or construed to be conclusive, limiting
or restrictive:
(1) Grasses
in excess of twelve (12) inches, noxious weeds, brush and/or other
rank vegetation on tracks of land less than 5 acres including adjacent
parkway and alleys.
(2) Accumulation
of rubbish, trash, refuse, junk and other abandoned materials, metals,
lumber, stagnant water or any object or material that may cause injury,
death or disease to human beings.
(3) Any
condition which provides harborage for rats, mice, snakes and other
vermin.
(4) Any
building or other structure which is in such a dilapidated condition
that it is unfit for human habitation, or kept in such an unsanitary
condition that it is a menace to the health of people residing in
the vicinity thereof, or presents a more than ordinarily dangerous
fire hazard in the vicinity where it is located.
(5) All
unnecessary or unauthorized noises and annoying vibrations, including
animal noises.
(6) All
disagreeable or obnoxious odors and stenches, as well as the conditions,
substances and other causes which give rise to the emission or generation
of such odors and stenches including: dense smoke, noxious fumes,
gas, soot or cinders, in unreasonable quantities.
(7) The
carcasses of animals or fowl not disposed of within a reasonable time
after death.
(8) The
pollution of any public well or cistern, stream, lake, canal or body
of water by sewage, dead animals, creamery, industrial wastes or other
substances.
(9) Any
building, structure or other place or location where any activity
which is in violation of local, state or federal law is conducted,
performed or maintained.
(10) Any accumulation of stagnant water permitted or maintained on any
lot or piece of ground.
(11) All appliances intended for indoor use, working or nonworking, used,
stored, abandoned or junked anywhere in the public view.
(12) Fences in a deteriorated condition or subject to falling down due
to the lack of maintenance or damage or that are repaired with materials
that are not compatible to the original.
(13) Graffiti that is visible from public view or any private property
other than on which the same exist.
(14) Excessive accumulation of items intended for use outdoors that are
not screened from public view.
(15) Items on a porch, in a yard, under a carport, or within any area
visible from the public view that are not intended for use outdoors
or not made of material that is resistant to damage or deterioration
from exposure to the outdoors.
(16) Furniture intended for indoor use that is used, stored, abandoned
or junked outside, including on a porch, in a yard, or under a carport.
(17) Human waste or water that is deposited, stored, discharged or exposed
in such a way as to be a potential instrument or medium in disease
transmission.
(18) Violations of Chapter 683 of the Texas Transportation Code regarding
junked vehicles, and as amended.
(19) Vehicles in the yard of any residence excluding improved parking
surfaces, or areas screened from the public view by an opaque fence.
(Ordinance 834 adopted 9/2/82; Ordinance 1107, sec. 1, adopted 6/18/09)
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance of a nuisance.
(Ordinance 834 adopted 9/2/82)
Whenever a nuisance is found to exist within the city or within
the city’s extraterritorial jurisdiction, the health officer
or some other duly designated officer of the city shall give ten (10)
days’ written notice to the owner or occupant of the property
upon which such nuisance exists or upon the person causing or maintaining
the nuisance.
(Ordinance 1107, sec. 2, adopted 6/18/09)
The notice to abate a nuisance issued under the provisions of
this article shall contain:
(1) An
order to abate the nuisance within a stated time, which shall be reasonable
under the circumstances, or to request a hearing within ten (10) days
after service of notice to abate the nuisance. Request for a hearing
shall be in writing and shall be addressed to the municipal judge
in which court the procedure to abate the nuisance is pending.
(2) The
location of the nuisance, if the same is stationary.
(3) A
description of what constitutes the nuisance.
(4) A
statement of acts necessary to abate the nuisance.
(5) A
statement that if the nuisance is not abated as directed and no request
for hearing is made within the prescribed time, the city will abate
such nuisance and assess the cost thereof against such person.
(Ordinance 834 adopted 9/2/82)
A public hearing must be held prior to the abatement of the
nuisance by the city when such a hearing is requested by the owner
or occupant of the property upon which such nuisance exists or by
the person causing or maintaining the nuisance. The hearing shall
be held before the judge of the municipal court. The judge of the
municipal court shall determine at the hearing whether or not a nuisance
exists. If a nuisance is found to exist, the judge shall order the
abatement of the nuisance. Any ruling or order by the judge of the
municipal court at this hearing shall become final unless appealed
within ten (10) days to a court of competent jurisdiction.
(Ordinance 834 adopted 9/2/82)
The notice to abate a nuisance shall be mailed, by certified
mail with a five-day return requested, to the owner or occupant of
the property upon which such nuisance exists or to the person causing
or maintaining the nuisance. If the notice is returned undelivered
by the United States post office, official action to abate such nuisance
shall be continued to a date not less than ten (10) days from the
date of such return.
(Ordinance 834 adopted 9/2/82)
Upon failure of the person upon whom notice to abate a nuisance
was served pursuant to the provisions of this article to abate the
same, or to request a hearing before the judge of the municipal court,
the health officer or other duly designated officer of the city shall
proceed to abate such nuisance and shall prepare a statement of costs
incurred in the abatement thereof.
(Ordinance 834 adopted 9/2/82)
Any and all costs incurred by the city in the abatement of a
nuisance under the provisions of this article shall constitute a lien
against the property upon which such nuisance exists, which lien shall
be filed, proven and collected as provided for by law. Such lien shall
be notice to all persons from the time of its recording and shall
bear interest at the legal rate thereafter until satisfied.
(Ordinance 834 adopted 9/2/82)
Whenever in this code or in any ordinance of the city an act
is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or whenever is such code or ordinance the doing
of any act is required or the failure to do any act is declared to
be unlawful, and no specific penalty is provided therefore, the violation
of any such provisions of this code or any such ordinance shall be
punished by a fine of not exceeding five hundred dollars ($500.00).
However, a fine or penalty for the violation of a rule, ordinance
or police regulation that governs fire safety, zoning or public health
and sanitation including the dumping of refuse may not exceed two
thousand dollars ($2,000.00); provided, however, that no penalty shall
be greater or less than the penalty provided for the same or a similar
offense under the laws of the state. Each day any violation of this
code or of any ordinance shall continue shall constitute a separate
offense. In the event that any such violation is designated as a nuisance
under the provisions of this code, such nuisance may be summarily
abated by the city. In addition to the penalty prescribed above, the
city may pursue other remedies such as abatement of nuisances, injunctive
relief and revocation of licenses or permits.
(Ordinance 1117 adopted 1/7/10)