This article shall commonly be referred to as the health and
sanitation ordinance.
(Ordinance adopted 9/22/03, sec.
1(A))
It is the intent and purpose of this article to protect the
citizens of the city and visitors from the harmful effects of nuisances
that lower property values and attract vermin and insects, cause odors,
and impose aesthetic harm on the community and lower civic pride.
(Ordinance adopted 9/22/03, sec.
1(C))
This article provides regulatory standards throughout the city’s
incorporated municipal boundaries (i.e., city limits) but not the
extraterritorial jurisdiction (ETJ).
(Ordinance adopted 9/22/03, sec.
1(D))
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this article but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only, and shall not be used in the interpretation of this
article.
The City of Yorktown, an incorporated municipality located
in DeWitt County, Texas, and includes any official, agent or employee
acting on behalf of the city. The term may also refer to the territory
within the municipal boundaries (i.e., city limits) of the City of
Yorktown.
The city council (i.e., the governing body) of the City of
Yorktown.
The person or persons officially designated by the city council
to assist the city council in implementing and enforcing this article.
Such person or persons may be a member of the city council, an employee
of the city, a person or persons contracted by the city or a person
or persons otherwise designated by the city to serve in this capacity,
and such assistance shall include, but is not limited to, investigating
alleged violations of this article.
Weeds that have grown higher than forty-eight (48) inches
and are an immediate danger to the life, health, or safety of any
person, as provided by Texas Health and Safety Code section 342.008,
as may be amended.
An official agent of the city appointed by resolution of
the city council.
Any matter, condition or object which is or should be objectionable,
unsightly or unsanitary to a person of ordinary sensitivities.
An individual, corporation, organization, government agency,
business, trust, partnership, association, or any other legal entity.
Includes, but is not limited to, sewers, privies, septic
systems and on-site sewage facilities.
Heterogeneous accumulation of worn-out, used-up, broken,
rejected, discarded or worthless materials.
Trash, garbage, debris, rubble, stone, discarded or useless
building materials, and other miscellaneous useless waste, discarded
or rejected material.
Harmful to body or mind.
Any brush, grass, vegetation, weeds or any plant, with the
exception of wildflowers, that is not regularly cultivated vegetation,
that exceeds a height of eighteen (18) inches. Any plant, with the
exception of wildflowers, that is not regularly cultivated which exceeds
eighteen (18) inches in height shall be presumed to be objectionable,
unsanitary and unsightly.
(Ordinance adopted 9/22/03, sec.
1(E))
(a)
A
person who is an owner, tenant, resident, occupant, agent or person
having supervision of any lot, tract, or parcel of land, or a portion
thereof, occupied or unoccupied, within the city, must:
(1)
Fill, drain or regulate any hole or place which contains stagnant
water, an unwholesome condition, or any other condition that may produce
disease, as provided by Texas Health and Safety Code section 342.001;
(2)
Keep any building, establishment, or ground free of filth, carrion,
refuse, rubbish or other impure or unwholesome matter, as provided
by Texas Health and Safety Code section 342.003;
(3)
Keep the lot, tract, parcel, or part thereof free from dangerous
weeds, weeds, rubbish, refuse, brush, and other objectionable, unsightly,
or unsanitary matter, as provided by Texas Health and Safety Code
sections 342.004 and 342.008; and
(4)
Build, make, fill, alter, repair, clean, disinfect, maintain and
regulate on-site sewage facilities, sewers, private sewage systems,
and privies in accordance with the laws, regulations and requirements
of the county and the state, as provided by Texas Health and Safety
Code section 342.002.
(b)
The
duties imposed by this section apply to the entire lot and extend
to the edge of the property line. The area included under this section
specifically includes public rights-of-way up to the edge of the street
or alley.
(Ordinance adopted 9/22/03, sec.
2)
(b)
The
code officer, on his/her own knowledge or on the basis of a complaint
by a city resident or property owner, shall investigate the alleged
violation.
(1)
The officer may enter and inspect the private residence where the
violation is alleged to have occurred, at any reasonable time, pursuant
to Texas Health and Safety Code section 161.011, upon receiving:
(2)
Pursuant to subsection (1) above, the officer may enter private or public property where the violation is alleged to have occurred in order to examine the alleged violation and to remove or direct removal of the violation, if necessary.
(3)
[If] The officer determines there is a violation of this article,
the officer shall submit to the city attorney a written report of
violation. The city may then initiate official action to remedy the
violation and enforce the terms of this article.
(Ordinance adopted 9/22/03, sec.
3)
(a)
The
city may proceed administratively to remove an alleged violation of
this article by giving notice to the owner of the property where the
alleged violation occurred, in accordance with the following procedures
as set out in Texas Health and Safety Code section 342.006:
(1)
The notice will inform the property owner that the owner has seven
(7) days from receipt of the notice to comply with the violation,
and if this action is not taken, the city may, but is not obligated
to:
(2)
(A)
The notice must be given personally to the property owner in writing
or by certified mail return receipt requested addressed to the owner
at the owner’s address as recorded in the records of the DeWitt
County Central Appraisal District, as may be appropriate; or
(B)
If notice by personal service cannot be obtained, the officer may
give notice by:
(i)
Publication of the notice, at least once, in a newspaper of
general circulation, as defined by subchapter C, chapter 2051, Texas
Government Code;
(ii)
Posting the notice on or near the front door of each building
on the property to which the violation relates; or
(iii)
Posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(3)
If notice by letter is mailed to the owner and the U.S. Postal Service
returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected and the notice is considered
as delivered.
(b)
If
the city incurs expenses for the work done or improvements made, the
city council or its designee shall assess the expenses and create
a lien, including possible foreclosure, against the property in the
manner provided in Texas Health and Safety Code section 342.007.
(1)
The city shall send a statement of expenses to the owner, requesting
that payment be made to the city secretary within twenty (20) days
after receipt. The expenses to be charged to the owner of the property
shall include the amount paid by the city for the work done or improvements
made, the costs of inspection, the costs of providing notice, the
costs of identifying and notifying the owner of the property, and
any incidental expenses.
(2)
If the violator does not pay the expenses within twenty (20) days,
the mayor, municipal health authority or a municipal official designated
by the mayor shall file a statement of expenses with the county clerk,
as applicable, stating the owner’s name, if known, and the legal
description of the property. A lien attaches upon the filing of the
expense statement with the county clerk, as appropriate.
(3)
The lien is security for the expenses incurred by the city and interest
accruing at the rate of ten (10) percent per year on the amount due
from the date of payment by the city.
(4)
The lien is inferior only to tax liens and liens for street improvements.
(5)
The city or its designee may bring a suit for foreclosure in the
name of the city to recover the expenses and interest due.
(6)
The city may foreclose the lien in a proceeding brought under the
Tax Code, chapter 33, subchapter E.
(7)
The statement of expenses or a certified copy of the statement is
prima facie proof of the expenses incurred by the city in doing the
work or making the improvements.
(c)
The city, in the notice of violation, may inform the owner by regular mail and a posting on the property 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. If a violation covered by a notice 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 this section and assess its expenses as provided by subsection (b) of this section.
(Ordinance adopted 9/22/03, sec.
4)
(a)
The
city council or its designee, where it is determined that an immediate
hazard to the safety and health of the citizens of the community exists,
may, without notice, but is not obligated to, abate dangerous weeds
on any lot, parcel, or tract of land, or part thereof, within the
city, in accordance with the procedures in this section.
(b)
If the city pays the cost of abating the weeds, the city or its designee shall assess the expenses and, if necessary, create a lien against the lot or parcel of land, including foreclosure on the property, in the same manner and subject to the same conditions as that described in section 6.03.007 of this article.
(c)
Not later than the tenth (10th) day after the date the city has abated the weeds, the city shall give written notice to the owner of the lot or parcel of land in the manner required by section 6.03.007 of this article. The notice shall contain:
(1)
An identification, which is not required to be a legal description,
of the property;
(2)
A description of the violations that occurred on the property;
(3)
A statement that the city has abated the weeds; and
(4)
An explanation of the property owner’s right to request an
administrative hearing on the abatement of the weeds.
(d)
If,
not later than the thirtieth (30th) day after the date of the abatement
of the dangerous weeds, the property owner files with the city council
or its designee a written request for an administrative hearing, the
city shall hold and conduct the hearing.
(Ordinance adopted 9/22/03, sec.
5)
(a)
Enforcement generally.
The city shall have the power
to administer and enforce the provisions of this article as may be
required by governing law. Any person violating any provision of this
article is subject to suit for injunctive relief as well as prosecution
for criminal violations. Any violation of this article is hereby declared
to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined in accordance with section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to $1,000.00 a day (with each day constituting
a separate offense and separate violation) when it is shown that the
defendant was actually notified of the provisions of this article
and after receiving notice committed acts in violation of this article
or failed to take action necessary for compliance with this article;
and
(3)
Other available relief.
(d)
Abatement of nuisances.
The city or designee can abate
a nuisance in any manner deemed expedient if the nuisance may injure
or affect the public health or comfort.
(Ordinance adopted 9/22/03, sec.
6)
