The following provisions shall be and constitute the Rockport Property, Environmental and Safety Ordinance.
(Ordinance 1083, § 1(1.1), 6-9-98)
[The following statutory references shall apply to this division:]
Sec. 342.001 to 342.007 V.T.C.A., Health and Safety Code. |
Sec. 365.011 to 365.015 V.T.C.A., Health and Safety Code. |
Sec. 54.001 V.T.C.A., Local Government Code. |
Sec. 54.011. to 54.019 V.T.C.A., Local Government Code. |
(Ordinance 1083, § 1(1.2), 6-9-98)
It is deemed by the city council of the City of Rockport, Texas, that it is dangerous to the public health, safety and welfare for property in the city to have accumulations of stagnant water, litter, junk and trash or other unwholesome, impure or unsanitary matter that may produce disease or attract disease carrying pests, and it is dangerous and constitutes a fire hazard to have weeds, tall grass, brush and litter on property in the city. It is recognized that native plants and wildlife are an essential part of the appeal of this city, and this division favors the promotion and preservation of such habitat.
(Ordinance 1083, § 1(1.3), 6-9-98)
As used in this division, the following words and terms shall have the meaning ascribed thereto:
means a statement in writing, made under oath or on affirmation before an authorized magistrate or public notary, by a person(s) who has/have witnessed an incident, which contains enough evidence in the form of documented pictures, witness statements and other undisputed evidence acceptable to the code official.
means a solid waste site permitted by the Texas Natural Resources Conservation Commission (TNRCC) or the Texas Department of Health; a solid waste site licensed by a county under Chapter 361, Health and Safety Code; or a designated collection area for ultimate disposal at a permitted or licensed municipal solid waste site.
see shrub.
means the City of Rockport, Texas.
means to cut or remove to ground level herbaceous plants, woody vegetation, brush or shrubs on property to the greater extent possible.
means the designated authority charged with the enforcement of this division, or his duly authorized representative.
includes but is not limited to tending, maintaining and removal of litter and brush.
means to discharge, deposit, inject, spill, leak or place litter on or into land or water.
means the opposite of unimproved property.
pertains to the following but not limited to:
Decayable waste from a public or private establishment, residence or restaurant, including yard trimmings, leaves or similar materials, animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking or consumption of food, but not including sewage, body wastes or industrial by-products; or
Nondecayable solid waste, except ashes, that consist of:
Combustible waste material, including paper, rags, cartons, wood, furniture, rubber and plastics;
Noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less; and
Discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal.
means to provide for upkeep or support; to keep unimpaired or in proper condition.
means to cut or clip grass and weeds on property to the minimum height possible.
means property, which has no official city record of having been cleared and contains vegetation, which has grown naturally.
means documentation generated by the city or as an affidavit submitted by a person(s) that shows definitive evidence that a property has been maintained (mowed or cleared) within the past three (3) years prior to date of affidavit submittal, that may be used as official record to address the maintenance of property as required herein.
means an individual, corporation, organization, government, business trust, partnership, association or other legal entity.
means any piece or parcel of land, lot or tract, or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record.
means a condition of good order and cleanliness that precludes the probability of disease transmission.
means a singular or multiple-stemmed woody plant, usually, but not necessarily, less than four feet in height. This term shall have the same meaning as hedge, bush or brush.
means grass, flowers, shrubs, brush, weeds and other plant matter that is not maintained and is unattended by human hands, that grows naturally and attains heights in excess of minimum standards as prescribed herein.
means land that contains no habitable structures or no manmade improvements, except for improvements that are utility in nature (surface and subsurface features).
shall have the same meaning as unimproved property.
means undesirable grassy matter that tends to overgrow or choke out more desirable plants (see uncultivated vegetation).
means a manmade area on real property in which vegetation other than grass is planted, grown and cultivated for the purpose of creating a low maintenance natural landscape.
(Ordinance 1083, § 1(2), 6-9-98; Ordinance 1184, § 1, 7-24-01; Ordinance 1449, § 1, 11-5-08; Ordinance 1621, § 1, 1-14-14)
No officer, agent or employee of the city shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this division. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his duties under this division shall be defended by the city attorney until the final determination of the proceedings.
(Ordinance 1083, § 1(8.1), 6-9-98)