(a)
Whenever the city is made aware of the existence of a donation box that is in violation of this article, the city shall issue a notice of the violation and a written order to remove or abate the violation within five business days of the mailing or personal delivery or publication or posting. The notice shall be sent to the landowner and operator of the donation box, provided that notice shall not be required prior to an abatement of an emergency nuisance described in section 4.09.092 of this code. Any required notice under this subsection shall also be given in compliance with the applicable provisions of section 342.006 of the Texas Health and Safety Code, as amended.
(b)
If a landowner or operator fails to remove or abate a violation
of this article within five business days of the city's mailing
or personal delivery or publication or posting of notice of the violation,
then the city shall be authorized to carry out any and all abatement,
which includes, but is not limited to, the following actions:
(c)
Any donation box placed or maintained on real property without consent of the landowner or any donation box that blocks the right-of-way shall be subject to removal and impoundment by the city, provided that notice under subsection (a) of this section shall not be required prior to removal or impoundment.
(d)
For any abatement that is carried out by the city under this
section, the city may assess its expenses related to such abatement,
including applicable overhead expenses, and place a lien on any real
property on which the donation box was placed. After determining the
amount of expenses and charging the same against the applicable landowner
or operator, the city shall certify a statement of such expenses and
shall file the same with the county clerk of the county in which the
premises or real property is located. Upon filing such lien with the
county clerk, the city shall have a privileged lien, inferior only
to tax liens and liens for street improvements, to secure the expenditure
so made.
(e)
If the city has removed a donation box under this section, and the landowner or operator or their designee has not retrieved the donation box and paid the city's expenses described in subsection (d) of this section within 30 days after removal, the city may dispose of the donation box without providing further notice.
(Ordinance 887-2024 adopted 6/27/2024)
(a)
If an city determines that a donation box is maintained in a
manner or condition prescribed in this section, the city may, without
providing the notice required under this article, take immediate action
to abate the nuisance, including removal of the donation box. Each
of the following is an emergency requiring immediate action to protect
the public health or safety, is declared a nuisance subject to abatement,
and is hereby prohibited and made unlawful under this section:
(1)
A donation box or any area within 25 feet of a donation box
that is a breeding place for flies because of the unsafe/unsanitary
condition of the donation box or its contents;
(2)
The presence of ectoparasites, including bedbugs, lice, and
mites, suspected to be disease carriers in a donation box or within
25 feet of a donation box because of the unsafe/unsanitary condition
of the donation box or its contents;
(3)
The accumulation or collection of any water, stagnant, flowing,
or otherwise, in a donation box or within 25 feet of a donation box,
in which the mosquito breeds or which may become a breeding place
for mosquitoes;
(4)
The presence of well grown mosquito larvae, or of pupae, in
a donation box or within 25 feet of a donation box, because of the
donation box;
(5)
A donation box that is defective and allows leakage or spilling
of contents;
(6)
A condition of a donation box, including any structural defect
of the donation box, that may injuriously affect the public health;
(7)
The deposit or accumulation of any foul, decaying, or putrescent
substance or other offensive matter in a donation box or within 25
feet of a donation box;
(8)
A donation box harboring rats or other vermin; and
(9)
The detectible presence of urine or the presence of feces, vomit
or other bodily fluids in a donation box or within 25 feet of a donation
box.
(b)
Not later than the tenth business day after the date of abatement
under this section, the city shall give notice thereof to the landowner
and operator in the manner provided for notice under this article.
The landowner or operator may request a hearing within 20 calendar
days after he is given notice of the abatement under this section
by filing a written request for a hearing with the city. The hearing
shall be scheduled not later than 30 calendar days after receipt of
the request for a hearing and shall be conducted by the city manager
for the purpose of determining whether the conditions qualified for
abatement under the terms of this section. The city manager's
decision shall be final.
(c)
A landowner or operator who violates this section is guilty
of a misdemeanor punishable by a fine up to $2,000.00. Each day any
violation continues shall constitute and be punishable as a separate
violation of this article.
(d)
For any abatement that is carried out by the city under this section, the city may assess its expenses for such abatement and place a lien on any real property on which the donation box was placed in the same manner as under section 4.09.091(d) of this code.
(e)
If the city has removed a donation box under this section, and the landowner or operator or their designee has not retrieved the donation box and paid the city's expenses described in subsection (d) of this section within 30 days after removal, the city may dispose of the donation box without further notice.
(Ordinance 887-2024 adopted 6/27/2024)
