The purpose of this article is to establish requirements governing the commercial or industrial storage of large quantities of unprocessed or raw agricultural commodities or agricultural byproducts that will be used or processed for industrial or commercial purposes in areas zoned for industrial and heavy commercial uses along major thoroughfare corridors and are intended to promote the health, safety, and welfare of the public by preventing the creation or maintenance of a public nuisance.
(Ordinance 1077 adopted 3/4/2024)
As used in this article the following terms will have the definitions herein:
Abatement.
Steps taken to reduce, lessen or end a nuisance or infestation.
Agricultural Byproduct.
Discarded organic materials produced from the raising of plants or animals as part of agricultural, horticultural, viticultural or viticultural operations including, but not limited to, animal manure, bedding materials, plant stalk, leaves, other vegetative matter and discarded byproduct from the on-farm processing of fruits and vegetables.
Agricultural Commodity.
An agricultural, horticultural, viticultural, or vegetable product, planting seed, peanuts, rice, livestock product, or poultry product, which has been harvested or collected but still primarily in its raw, natural or unprocessed state. This includes, without limitation, cotton seed, almond hulls, grain sorghum, sunflowers, native grass, hay or hemp or other agricultural byproducts.
Agricultural Commodity Business.
Any person, business, firm, company, partnership or corporation that receives, stores or processes large quantities of agricultural commodities at a facility located within the municipal limits of the City of Levelland.
Business Day.
Any day except any Saturday, Sunday, or any day which is a federal legal holiday in the United States.
Industrial District.
Any zoning district classified as an industrial zoning district or "I" zoning district as defined in Chapter 9 of this code.
Infest, Infestation.
In the case of an agricultural commodity, the presence of a pest population in excess of industry standards that is also sufficient to:
(1) 
Constitute a public nuisance; or
(2) 
Affect the health, safety, and welfare of neighboring residents.
Insect.
Any of numerous arthropod animals of the class Insecta, having an adult stage characterized by three pairs of legs and a body segmented into head, thorax, and abdomen and usually having one or two pairs of wings. Insects include, without limitation, flies, crickets, mosquitoes, roaches, beetles, and bees.
Integrated Pest Management Plan.
A plan designed to manage pests by combining biological, cultural, physical, and/or chemical tools in a way that mitigates economic, health, and environmental risks.
Pest.
Any insect or rodent, or a combination of the two, that pose or create a public health, environmental or economic risk or creates a public nuisance.
Probe Trap.
A trap designed for collecting insects that might be located within an agricultural commodity pile that usually consists of an elongated cylinder with holes drilled into the sides that are above a funnel and insect receptacle.
Rodent.
Any of various mammals of the order Rodentia, such as a mouse, rat or squirrel characterized by large incisors used for gnawing or nibbling.
Trap(s).
Simple interception devices that capture insects moving through an area and are designed to be used for the monitoring and detection of pests during a particular time and/or at a particular location.
(Ordinance 1077 adopted 3/4/2024)
(a) 
General.
Any agricultural commodity business within the municipal limits of the city in an area zoned for industrial and heavy commercial uses that receives, stores or processes agricultural commodities shall operate such business and store and/or process such agricultural commodity in such a manner that:
(1) 
It does not create a public nuisance as defined in this article; and
(2) 
Is in compliance with the regulations and procedures outlined in this article.
(b) 
Integrated Pest Management Plan.
All agricultural commodity businesses operating in the municipality subject to this article shall maintain an integrated pest management plan that follows and is consistent with the best management practices recommended by the U.S. Environmental Protection Agency, the U.S. Food and Drug Administration, or the Texas Department of Agriculture.
(c) 
Delivered Agricultural Commodities.
All shipments of agricultural commodities received by an agricultural commodity business prior to being stored by the agricultural business must be free of any infestation of a pest or considered a public nuisance prior to delivery and storage. The agricultural commodity business shall, upon request of the city, shall be required to provide documentation to the city code enforcement department confirming compliance with this provision.
(d) 
Storage Requirements.
All agricultural commodities must be stored at an agricultural commodity business and must be stored in a manner compliant with all applicable U.S. Code of Federal Regulations, including, but not limited to, U.S. Code of Federal Regulations, title 21, section 507.17.
(e) 
Infestation Mitigation.
Regardless of the length of time an agricultural commodity is stored, in the event any agricultural commodity stored or agricultural commodity pile located at an agricultural commodity business is found to be infested with pests, the agricultural commodity business shall:
(1) 
Treat the infested agricultural commodity in accordance with general accepted industry practices and in accordance with the integrated pest management plan.
(2) 
If the agricultural commodity is still infested with pests ten (10) business days after being treated as required in subsection (e)(1), the agricultural commodity business shall remove the infested pile to a remote location where secondary infestation in a residential area is unlikely and not located on the same property;
(f) 
Facility Requirements.
(1) 
Traps.
While storing agricultural commodities for more than thirty (30) days, all agricultural commodity businesses that are within 1,000 feet of a residential neighborhood shall place insect pheromone traps and rodent traps along the boundary of the agricultural commodity business located closest to the residential neighborhood and shall permit the monitoring of such traps on a biweekly basis by the city's code enforcement department.
(2) 
Sanitation.
All agricultural commodity business facilities shall follow sanitation requirements consistent with all applicable U.S. Code of Federal Regulations, including, but not limited to, U.S. Code of Federal Regulations, title 21, section 507.17.
(Ordinance 1077 adopted 3/4/2024)
(a) 
Inspection.
The city's building inspector, code enforcement officer or their designee may inspect and review the integrated pest management plan, all treatment logs and trap results.
(b) 
Access.
The city's building inspector, code enforcement officer or their designee, after proper identification, shall be permitted to enter onto the property of any agricultural commodity business during the hours of operation or at any reasonable time, for the purpose of making inspections to determine compliance with the rules and this article and inspect the records outlined in subsection (a) above.
(Ordinance 1077 adopted 3/4/2024)
The storage of any agricultural commodity in such a manner where it allows the breeding, accumulation or harboring of any pest is a hereby declared a public nuisance and must be abated.
(Ordinance 1077 adopted 3/4/2024)
(a) 
To enforce any requirement of this article, the city manager or his designee may gain compliance by:
(1) 
Requiring the property owner, after receiving notice of public nuisance or infestation from the city, to abate the nuisance by:
(A) 
Providing the city manager within three (3) business days with a written plan detailing how the nuisance will be abated;
(B) 
Beginning implementing the plan for abatement of the nuisance within ten (10) business days; and
(C) 
Permitting the city manager or his designee to conduct an inspection of the property after ten (10) business days has elapsed since receiving the notice of public nuisance to determine if the plan for abatement has been implemented and is effectively abating the infestation.
(2) 
The city abating the nuisance, at the property owner's expense, in the event the property owner fails to abate the nuisance or fails to comply with the provisions of subsection (a)(1).
(3) 
Causing appropriate action to be instituted in a court of competent jurisdiction; or
(4) 
Implementing any other remedies permitted or authorized at law or in equity.
(b) 
The notice from the city to the proper owner under subsection (a)(1) shall include:
(1) 
E-mail with delivery confirmation, to any authorized representative provided by the property owner to the city;
(2) 
Written notice deposited in the United States mail sent by certified letter, return receipt requested, to the property or to the property owner's address as filed with the county appraisal district; and
(3) 
A telephone call to the property owner or any authorized representative provided by the property to the city.
(Ordinance 1077 adopted 3/4/2024)
Whenever the agricultural commodity business fails to abate any nuisance within the time allowed after receiving notice from the city manager and the city manager orders the abatement in accordance with Section 6.506, the city manager is authorized to contract with a third-party contractor to perform such work on the grounds of the agricultural business as may be required to abate the nuisance at a commercially reasonable rate.
(Ordinance 1077 adopted 3/4/2024)
(a) 
Whenever the city enters upon the premises of an agricultural commodity business and causes any work to be performed to abate a nuisance, the city may take such action at its own expense, and a charge will be made to the agricultural commodity business to recover the commercially reasonable costs associated with the abatement. The charge shall be no more than the actual cost of abatement, plus applicable sales taxes.
(b) 
An administrative fee of $200.00 shall be assessed for each such charge.
(c) 
If the allowable charge and the administrative fee are not paid to the city within thirty (30) days after billing, the city shall file a lien against the property. Said lien shall be filed in the deed records of Hockley County, Texas. The charges shown on the lien shall bear interest at the rate of eight percent (8%) per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the city for its expenses.
(Ordinance 1077 adopted 3/4/2024)
(a) 
Any person violating or failing to comply with a provision of this article, or who otherwise allows the existence or creation of a nuisance as defined in this article, shall be deemed guilty of a misdemeanor violating an ordinance governing public health and safety and upon conviction thereof shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code for each offense, or the maximum fine established by applicable state law, whichever is greater. Each day during which a violation occurs is a separate offense. Proof of a culpable mental state is not required for a conviction of an offense under this article.
(b) 
In addition to any other remedies or penalties contained in this section, the city may enforce the provisions of this article pursuant to the applicable provisions of Texas Local Government Code, chapter 54, which chapter provides for the enforcement of municipal ordinances.
(c) 
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(d) 
In addition to the above and foregoing penalties, the city may seek to enjoin violations of the rules and of this article and obtain such other and further relief necessary to remedy any violations, as appropriate.
(Ordinance 1077 adopted 3/4/2024)