This article shall be known and cited as the city's litter, weeds and other prohibited conditions article.
(Ordinance 460, sec. 1, adopted 11/20/95; Ordinance 2019-003 adopted 4/15/2019)
For the purpose of this article, the following words and phrases shall have the meanings herein set forth:
Scrub vegetation and decaying remains of said vegetation.
City of Atlanta, Cass County, Texas.
Kitchen refuse, ordinarily including only food stuffs or related material.
Any commercial, printed or written advertising material, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or any other printed material or literature distributed free of charge.
Herbage in excess of twelve (12) inches tall.
Any garbage, refuse, waste materials, junk, parts, disassembled equipment, appliances and including, but not limited to, all prohibited conditions outlines specifically in section 6.204 of this article, and all other waste material which creates a potential danger to public health safety and welfare if not deposited in an authorized receptacle.
As used herein shall include the singular and plural and shall also mean any individual, firm, owner, corporation, association, family, group, occupant, owner's agent, lessee or tenant.
A garbage can, garbage bag or dumpster, approved by the building official, used to collect and store litter until removed by the authorized garbage service.
Any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. All other property is considered private property.
All solid waste (except body waste) including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.
All solid waste consisting of combustible and noncombustible waste including but not limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway including but not limited to devices used exclusively upon stationary rails or tracks.
(Ordinance 460, sec. 2, adopted 11/20/95; Ordinance 2019-003 adopted 4/15/2019)
Any property owner, tenant, firm or person otherwise in control of property within the city must maintain all vegetation on the property in accordance with the provisions of this section. When property is not maintained in accordance with this section, the condition shall be deemed a nuisance and a danger to public safety.
(1)
All premises and exterior property within the city shall be maintained free from weeds and non-ornamental grasses in excess of 12 inches, including rights-of-way areas between property lines and defined paved surface under the control of a governmental entity. Where an alley or right-of-way exists that has not been paved, maintenance responsibility shall be considered to the centerline of the alley.
(2)
All noxious weeds are prohibited.
(3)
All vegetation on any premises and exterior property within the city shall be maintained so that vegetation does not grow into or hang lower than 14 feet over a street or alley nor 12 feet over a stream, drainageway or public sidewalk.
(4)
It shall be the duty of the property owner, tenant, firm or person in control of the property to cut or trim the vegetation so this it is in compliance with this section. It is unlawful for any person to leave any form of vegetation on the city right-of-way, in a public place, or on the property of another after they have cut or trimmed such growth.
(Ordinance 460, sec. 3, adopted 11/20/95; Ordinance 2019-003 adopted 4/15/2019)
It is unlawful for any property owner, tenant, firm or person otherwise in control of property inside the city to cause, allow or to maintain litter on the property, including, but not limited to:
(1)
Furniture, appliances, sculptures, ornaments, cardboard box containers or items left outside that were not originally intended for outdoor use, items intended for outdoor use that are now broken, or other matter that creates breeding and living places for insects and rodents.
(2)
Containers intended for chemicals, which have not been recently used.
(3)
Dilapidated fences, lumber, junk, debris, garbage, decaying vegetation or tree branches, cans, offal, carrion or other filth.
(4)
Any boat that is not in a useable condition.
(5)
Any trailer that is not in a useable condition.
(6)
Parts typically associated with trucks, cars, motorcycles, boats, farm equipment, construction equipment or other vehicle.
(7)
Storage containers of any type used for personal items, inventory or other storage exceeding 72 hours except those containers provided by the city for solid waste services, roll-off containers for construction or renovation projects approved by the city.
(8)
Any material or item that could provide nesting, harborage or feeding for vermin or pest, or that could negatively affect they city's stormwater system.
(9)
The accumulation of materials that emit any gases, noxious fumes or odors that may become a nuisance or a source of endangerment to the health, safety and welfare of surrounding property or people in the area.
(10)
The accumulation of stagnant water, whether in a pool or not, which creates favorable conditions for mosquito or other insect breeding, to include watering beyond an individual's property resulting in standing stagnant water.
(11)
Other conditions deemed by the city to be unsanitary or detrimental to the health, safety, or welfare of the public.
(Ordinance 460, sec. 4, adopted 11/20/95; Ordinance 2019-003 adopted 4/15/2019)
Property owners and the prime contractor in charge of construction site shall furnish authorized receptacles for construction and remodeling as may be required by the building official. All litter from construction, building or any related activity shall be properly placed or deposited in the receptacle at the end of each day.
(Ordinance 460, sec. 5, adopted 11/20/95; Ordinance 2019-003 adopted 4/15/2019)
It shall be unlawful for any person to dump or deposit any brush, leaves, garbage, litter, trash, waste matter, or refuse of any kind on any street, gutter, sidewalk, parkway, driveway, alley, public property or property belonging to another person anywhere with the city limits. Further it shall be unlawful to burn waste material or litter without the approval of the fire chief. No litter or waste shall be buried within the city limits.
(Ordinance 460, sec. 6, adopted 11/20/95; Ordinance 2019-003 adopted 4/15/2019)
It shall be unlawful to operate any truck or other vehicle within the city which allows any of the contents of the truck or vehicle to be blown or deposited on any street, alley or other public or private property.
(Ordinance 2019-003 adopted 4/15/2019)
The provisions of this article may be enforced by the city manager, peace officer, code enforcement officer or the city building official.
(1)
The city manager or any other enforcement official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection as may be necessary to carry out enforcement of this article.
(2)
It is a violation of this article to interfere with a peace officer or other city official enforcing provisions of this article.
(Ordinance 2019-003 adopted 4/15/2019)
(a)
A person is guilty of a misdemeanor and is subject to a fine upon conviction in municipal court, pursuant to the general penalty found in section 1.106 of this code, if the person:
(1)
Is the owner, tenant or person in control of property within the city wherein litter is caused or maintained or wherein any of the prohibited conditions are present as outlined in section 6.204 of this article;
(2)
Is the owner, tenant or person in control of property within the city where there is an accumulation of garbage, refuse, offensive matter, brush or waste;
(b)
Municipal criminal court citations for violations of this article may be issued to the owner of the property, tenant, or both.
(Ordinance 2019-003 adopted 4/15/2019)
(a)
When property is not maintained in accordance with all provisions of this article, the property shall be deemed a nuisance a nuisance and a danger to public safety. The city reserves the right to abate any nuisance as described in this article at the cost of the property owner or person in control of the property if the property owner or person in control of the property fails to comply with this article after being given notice of the violation. Ten days after the property owner or person in control of the property has been given notice of the violation and fails to remedy the situation, the city may:
(1)
Remove any litter, garbage, waste, refuse, rubbish or vegetation from the property at the property owner's expense;
(2)
Pay for removal of any litter, garbage, waste, refuse, rubbish or vegetation from the property and charge the expenses to the property owner;
(3)
Do the work or make any improvements required at the owners expense; or
(4)
Pay to have the work done or improvements made and charge the expenses to the property owner.
(b)
If the property has weeds in excess of 48 inches in height it is a danger to the health, life and safety of the public and is hereby declared a nuisance. The city reserves the right to immediately abate the nuisance at the expense of the property owner or person in control of the property without giving notice to the property owner or person in control of the property.
(c)
The city vests the city manager with the authority and right to summarily abate any public nuisance posing an imminently serious and immediate threat to the health, life and safety of the public at the expense of the property owner or person in control of the property without giving notice to the property owner or person in control of the property.
(Ordinance 2019-003 adopted 4/15/2019)
The city may give written notice of a violation to a property owner prior to issuance of a citation and/or prior to abatement of the nuisance. The notice shall outline the ordinance violation and shall give the property owner ten (10) days from the mailing or posting of the violation to correct the ordinance violation. The notice must be given:
(1)
Personally by delivering either a letter or citation to the owner, tenant, firm or person in control of the property;
(2)
By letter addressed to the owner, tenant, firm or person in control of the property at their last known address; or
(3)
If personal delivery or mailing cannot reasonably be accomplished because the address is unknown the notice may be given by:
(4)
The notice and/or placard shall also inform the owner, tenant or person in control of the property that any subsequent violation of the same kind or nature on or before the first anniversary date of the notice, the city may, without further notice correct the violation at the owners expense and/or issue a written citation to either the owner or person in charge of the premises, or both.
(Ordinance adopting Code; Ordinance 2019-003 adopted 4/15/2019)
Should any owner, tenant or person in control of said property fail to correct the cause(s) of the violation(s) the city may issue citations and/or cause the work to be done by either city crews or private contractors at the owners or tenants expense.
(Ordinance adopting Code; Ordinance 2019-003 adopted 4/15/2019)
The city manager is authorized to either place the costs of correcting any property onto the utility bill of the owner, tenant or person in control of the property or file a statement of lien against the property with the county clerk. In cases where the city manager places the cost of cleanup onto the utility bill, the city manager may negotiate a payment arrangement for those persons who may not have been able to afford to pay up front for the abatement of the nuisance or litter.
(Ordinance 2019-003 adopted 4/15/2019)
The city manager shall file a statement of such expense incurred under this article, as the case may be, giving the amount of such expense, the date on which said work was done or improvements made, with the county clerk and the city shall have a privileged lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of said article 4436, Revised Civil Statutes of Texas, which said lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten percent (10%) interest from the date said statement was filed. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the city; and the statement of expense so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(Ordinance adopting Code; Ordinance 2019-003 adopted 4/15/2019)
Any person, firm or individual who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined in accordance with the general penalty provision found in section 1.106 of this code. Each and every day's violation shall constitute a separate offense, in case the owner or occupant of any lot, lots or premises under the provision of this article shall be a corporation, and shall violate any provision of this article, the president, vice-president, secretary, treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided.
(Ordinance adopting Code; ; Ordinance 2019-003 adopted 4/15/2019)