Any real property, building, or portion thereof, or the premises, including a vacant lot, in which there exists a condition not in compliance with this division shall be deemed and is hereby declared to be a public nuisance and shall be a violation of this article and shall be subject to the penalty clauses of this Code.
(Code 1975, § 15-24)
Terms, words, phrases and their derivatives used, but not specifically defined in this division, shall have the meanings defined in Webster's New Collegiate Dictionary. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
Breeding ground
means any scrub brush, wood pile, vegetation, food source or any vegetation or material stored in such a way that attracts vermin's or insects.
Brush
shall mean scrub vegetation, tree trimmings, shrubs or dense undergrowth.
Debris
means all putrescible and nonputrescible solid wastes, including garbage, trash, litter, junk, dead tree limbs or brush, rubbish, rubble, debris, ashes, wreckage, street cleanings, dead animals, abandoned or inoperable household appliances, moveable furniture and/or appliances not designed for or modified to withstand the elements and outdoor use, and industrial wastes.
Enforcement officer
means the chief of police, code compliance officer, consumer health inspector or their designated representatives, charged with any enforcement and administration of this article.
Exterior property area
means the open space on the premises and on adjoining property under the control of the owner or agent of such premises.
Filth
shall mean any matter in a putrescent state.
Fireworks
means any sparkler, rocket, fire cracker, roman candle, torpedo or any other substance in whatever combination used to obtain a visible or audible pyrotechnic display and shall include all articles or substances with the commonly accepted meaning of the word "fireworks."
Garbage
means all putrescible waste, except body waste, including animal and vegetable waste resulting from handling, preparation, cooking, storage or consumption of food.
Graffiti
means the unauthorized application of paint, ink, chalk, dye or other similar substance, or other inscribed or engraved material on public or private structures located on publicly or privately owned real property within the city.
Inoperable vehicle
means a vehicle that is rendered temporarily or permanently inoperable due to conditions such as, but not limited to, flat tire or tires, missing tires or wheels, partially wrecked or dismantled, in a state of disrepair or otherwise unserviceable or not drivable.
Inspection
means the examination of property by the enforcement officer or his authorized representative for the purpose of evaluating its condition as provided for in this article.
Organism
means a plant or animal.
Owner
means any person, agent, firm, corporation, association or other entity having legal or equitable interest in a property as shown on the most recent tax roll.
Person
means any person, agent, firm, corporation, association or tenant.
Public nuisance
means any act, condition or thing existing, done or in being, which act, condition or thing endangers the peace, property, health, and safety of the citizens of the city.
Putrescible
means capable of becoming putrid, rotten, foul and offensive.
Rubbish
means all nonputrescible wastes including, but not limited to, debris, tin cans, bottles, papers, grass and weed cuttings, brush, leaves, paper boxes, wood or building materials and tree limbs generally not exceeding three feet in length and generally not exceeding a weight of more than 50 pounds.
Rubble
means solid waste larger and heavier than rubbish, including but not limited to, discarded appliances and furniture, large tree limbs, discarded fences, generally exceeding three feet in length and 50 pounds in weight.
Tenant
means any person, agent, firm, corporation, or association who occupies a property or premises and who is not the owner.
Vector
means an organism that carries pathogens from one host to another.
Vehicle
means any motor vehicle subject to registration under the Certificate of Title Act (V.T.C.A., Transportation Code ch. 501) and also shall include, but not be limited to, trailers, recreational trailers, camper tops, boats and boat trailers or any associated body or mechanical parts.
Yard, front,
means the area extending across the entire width of the lot and situated between the front lot line and the most extreme front corners of the building, or, in the absence of a building, the area extending across the entire width of the lot to the front building setback line.
Yard, rear,
means the area extending across the entire width of the lot and situated between the rear lot line and the most extreme rear corners of the building, or in the absence of a building, the area extending across the entire width of the lot to the rear of the rear building setback line.
Yard, side,
means the area extending between the side lot line and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line and extending from the front yard to the rear yard. This definition does not apply to a side yard adjacent to a street of corner lots.
Yard, side, adjacent to a street,
means the area extending between the side lot line adjacent to a street and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line adjacent to a street and extending from the front yard to the rear property line.
(Code 1975, § 15-25; Ordinance 3187, § 1, adopted 6/25/2012)
Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things, each and all of them are hereby declared to be and constitute public nuisances:
(1) 
Maintaining the exterior property area or any structure which is not reasonably free from holes and excavations, sharp protrusions, and other objects or conditions which might be a potential cause of personal injury to the occupants or to the public.
(2) 
Maintaining any cellar, vault, well, drain, sewer or septic tank, which presents a potential injurious threat to the health or safety of the public.
(3) 
The sweeping, blowing or depositing of any trash, brush, paper, grass clippings, rubbish or any other matter onto any public thoroughfare or other public place.
(4) 
Maintaining a fence or screening wall in a manner that constitutes a public hazard to persons or property. All fences shall be maintained reasonably plumb and structurally sound. Any fence or screening wall that is severely deteriorated and constitutes a public hazard to persons or property or is 15 degrees or more out of plumb shall be repaired, replaced or removed. Missing or deteriorated fence panels, slats, rails, pickets and posts must be replaced with material similar in size and appearance to those being replaced.
Exception: This section is not intended to require the removal of any screening device that is otherwise required by the comprehensive zoning ordinance.
(5) 
Discharging of any sewage waste directly or indirectly onto the ground or into any stream, creek, waterway or other body of water, including, but not limited to overflowing septic tanks or leaking sewer pipes.
(6) 
Maintaining any sanitary plumbing fixtures and facilities, septic tank or sewer pipes not in compliance with the public health laws, ordinances, and regulations of the state, the county and the city.
(7) 
Permitting, maintaining or causing the emission of foul, offensive, noisome, nauseous, noxious or disagreeable odors repulsive to the physical senses of ordinary persons or which breeds or allows the harborage of vectors.
(8) 
Permitting any land area, tank, alley, gutter, swimming pool, or open receptacle containing water, or a source of water to become stagnant, foul, nauseous, offensive or unpleasant, or provide harborage for mosquitoes, flies, or other insects.
(9) 
Maintaining a swimming pool, hot tub, and their related accessory structures in an unsafe, unsecured, unclean, unsanitary, or unsound condition.
(10) 
Permitting the accumulation or the dumping of garbage, rubbish, brush, rubble or debris, decaying vegetation, or to make nauseous, foul or putrid discharges, which provides a breeding place for insects or rodents which is offensive, tends to decay, become putrid, become offensive and odorous, or which renders the atmosphere impure or unwholesome and provides harborage for flies, mosquitoes, rodents, rats, snakes, or vermin or the maintenance of any place or condition on property that is a breeding ground for rats, flies or cockroaches.
(11) 
Permitting the accumulation or the dumping of garbage, rubbish, rubble or debris, grass trimmings, building materials, building rubbish, discarded furniture, tree limbs, leaves, household waste items, ashes, household appliances, vehicle tires, scrap metal, or automobile parts on any private property and/or depositing the same onto any public right-of-way or private property.
(12) 
Permitting the accumulation or the burial of rubbish, building material wastes, road material wastes, rubber tires, garbage, or refuse, or the depositing of any substance which is detrimental to the public health, safety or the dumping or burying of used motor oils or any other chemical substance which is not permitted by the state commission on environmental quality directly onto or into the ground.
(13) 
Permitting a lawn irrigation system to spray or overflow water into a public street during periods of freezing weather when such water freezes and results in a potentially dangerous condition; or, permitting a lawn irrigation system to spray or overflow water during any periods regardless of the weather into a public street designated as C4U, M4U, M5U, M4D, M6D, or P6D on the thoroughfare plan.
(14) 
The expectoration of mucous, saliva, saliva mixed with tobacco products, remains of any chewed or partly chewed tobacco or snuff, or the remnant of any partially chewed or smoked cigar upon any public sidewalk or upon the floor of any public building or public vehicle; or, the littering of any public place, public building or public vehicle with any tobacco products or with any tobacco product packaging.
(15) 
The parking of an automobile, boat, trailer or any other type of vehicle on any public street, playground, park, athletic field, or schoolyard with any type of sign or writing on the vehicle, which offers the vehicle for sale. The parking of an automobile, boat, trailer, or any other type of vehicle upon any private property, including parking lots or driveways of residential or commercial lots with any type of sign or writing upon the vehicle which offers the vehicle for sale. The owner or person entitled to possession of any real property commits an offense by allowing the parking of a vehicle on the property that violates this article.
Exception: It is a defense to prosecution under this article if the vehicle is offered for sale upon real property zoned for automobile sales or if the vehicle is offered for sale on private residential property and no more than two vehicles have been offered for sale from that property within any one calendar year.
(16) 
The parking, standing or storage of any vehicle other than a recreational vehicle as defined by section 118-724 of this Code in the yard with the exception of R-1S zoning rear yard adjacent to a street of residentially zoned or residentially used property.
Exception: A vehicle may be parked or stored in the front yard, rear yard, side yard adjacent to a street or side yard provided it is parked on a hard paved surface of concrete or asphalt not less than nine feet by 18 feet, or at least of sufficient size to accommodate the horizontal area projected by the extreme limits of the vehicle. A vehicle may be parked or stored in the side yard, side yard adjacent to a street or rear yard provided it is screened from public view by not less than a six-foot tall solid fence.
All parking spaces constructed for the purpose of abating this nuisance shall be constructed with a driveway adjoining an existing on-site driveway or with a driveway and approach adjoining a public right-of-way.
(17) 
The parking, storing or standing of an inoperable vehicle.
Exception:
a. 
Each single-family or two-family residence is permitted to park not more than one inoperable vehicle that is awaiting repair for a period not to exceed 15 days.
b. 
Each single-family or two-family residence may park or store not more than one inoperable vehicle provided the vehicle is screened from view in all directions by a permanent screening fence of masonry and/or wood of redwood, cedar or other wood material that is approved for outdoor applications, not less than six feet in height.
(18) 
The distributing of any advertisements, circulars, handbills, printed or written announcements, upon any public right-of-way or within any public building or on any public grounds; between sunset and sunrise. In addition to the person distributing the printed material the owner of the material and any persons who aids or abets in the distribution in violation of this section shall be deemed guilty of a violation of this article.
Exception: The normal delivery of newspapers or solicited periodical subscriptions accepted by the willing owner of the private property.
(19) 
The maintaining of any building or structure of which the roof or eaves project beyond the vertical projection of any property line or sheds water directly upon any property other than that property on which the building or structure is located.
(20) 
The manufacturing, storing, using or selling of fireworks within the corporate limits of the city.
Exception: The lawful display of fireworks pursuant to a permit issued by the proper authority of the city.
(21) 
Keeping or maintaining of fowl, other than backyard chickens as authorized by chapter 14, article XVI of this Code.
(22) 
Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal.
(23) 
Allowing any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers, and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. During the times and in the zoning districts set out below, the activities that create a sound pressure level on the complainant's bounding real property line that exceeds the maximum allowable decibels on the A scale are declared to be public nuisances:
All residential zoning districts:
7:00 a.m. to 10:00 p.m. = 75 dba
10:00 p.m. to 7:00 a.m. = 60 dba
All nonresidential, industrial and mixed use zoning districts including the Town Center center and core subzones and the TOD historic, core, general mixed use, arterial mixed use and high intensity mixed use subzones:
7:00 a.m. to 12:00 midnight = 80 dba
12:00 midnight to 7:00 a.m. = 70 dba
Exceptions: Businesses in Industrial zoning districts in existence prior to March 1, 2010 which do not exceed 75 dba. Noise generated on properties of Birdville Independent School District (BISD), Tarrant Community College (TCC), Fort Worth Christian (FWC) and all other governmental agencies is not subject to this provision. Noise produced by gas drilling and production shall be regulated by chapter 104 of this Code and shall not be subject to this provision.
(24) 
Maintaining graffiti on public or private structures located on publicly or privately owned real property within the city.
(25) 
Any act or thing done, suffered or maintained within the city limits which creates an attractive nuisance to persons of normal sensibilities that may interfere with the health and safety of persons within the community.
(26) 
Mowing or weed eating without first removing trash and debris which will be scattered by the mowing or weed eating process.
(27) 
Permitting by any person owning or controlling property of any tree thereon which in the opinion of the city arborist or the absence of such position, the official designated by the city manager to make such determination, is dead and/or constitutes an immediate safety risk to persons or property.
(28) 
Allowing poison ivy, poison oak or any poisonous plant to grow onto adjacent property or onto a public street.
(29) 
Dirt moving or disturbing activities which causes an unreasonable amount of excessive dirt or dust particulates to become airborne and travel onto adjacent properties. When such activity occurs under the auspices of an active building or construction permit, the terms of the permit may be revised or the permit may be revoked until such time that the nuisance is abated.
(30) 
Keeping, raising or possessing, except within enclosures or cages and as allowed by zoning, any fowl other than backyard chickens as authorized by chapter 14, article XVI of this code with the intent to keep, raise or breed the same.
(31) 
A person commits an offense if the person accumulates or allows the accumulation of materials or items stored on rooftops or porches of buildings when visible from the public right of way or neighboring property.
(Code 1975, § 15-26; Ordinance 2800, § 2, adopted 9/13/2004; Ordinance 2907, § 2, adopted 10/23/2006; Ordinance 3021, § 1, adopted 10/13/2008; Ordinance 3044, § 1, adopted 4/13/2009; Ordinance 3149, § 1, adopted 6/13/2011; Ordinance 3187, § 1, adopted 6/25/2012; Ordinance 3825, § 5, adopted 11/13/2023)
The chief of police, consumer health inspector and/or the code enforcement officer or their designated representatives or as otherwise designated by the city manager are hereby directed and authorized to administer and enforce the provisions of this article. Nothing contained herein is meant to limit discretion of any enforcement officer in evaluating and directing compliance with this article.
(Code 1975, § 15-27)
The chief of police, the consumer health inspector, the code enforcement officer, or their authorized representatives, or as otherwise designated by the city manager, acting in good faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the chief of police, consumer health inspector, code enforcement officer, or their authorized representatives, or as otherwise designated by the city manager, because of such act or omission performed in the enforcement of any provision of this article, shall be defended by legal counsel provided by the city until final termination of such proceedings.
(Code 1975, § 15-28)
Whenever it becomes necessary to make an inspection to enforce the provisions of this article, or whenever there is reasonable cause to believe that there exists in any structure or upon any property a condition which violates the provisions of this article, any enforcement personnel may enter such property at all reasonable times to inspect the same, or to enforce a provision of this article; provided, that if such property is occupied, he shall first present proper credentials and request entry; or if such property is unoccupied, he shall first make a reasonable attempt to locate the owner, or other persons having charge or control of the property, and request entry, and if entry is refused, the enforcement personnel may attempt to secure entry by any legal means.
(Code 1975, § 15-29)
Whenever it is determined that a violation of this article exists, except where a different notification requirement is established in this article, the code enforcement officer shall give notice to the owner of the property as provided in section 34-38 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner.
(Code 1975, § 15-30; Ordinance 2907, § 3, adopted 10/23/2006)
(a) 
Notification of violations.
The owner of a property shall be notified of violations of this article as follows:
(1) 
The notice shall be given personally to the owner in writing; or
(2) 
The notice shall be given by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the county; or
(3) 
If the personal service cannot be obtained:
a. 
By publication at least once;
b. 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
c. 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(b) 
Refused or unclaimed notices.
Any notice that is mailed to a property owner in accordance with this article, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered.
(c) 
Notification regarding second violation in one-year period.
In a notice provided in this article, the enforcement officer 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 or 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 access the expense against the property. If a violation covered by a notice under this article occurs within a one-year period, and the municipality has not been informed in writing by the owner of any ownership change, then the city may without notice take any action permitted by subsections 34-40(1) and (2) and assess the expenses as outlined in section 34-42.
(d) 
Placement of notice on vehicle.
The placement of a notice of violation on a vehicle in violation of section 34-33 shall be considered adequate notice under this article.
(e) 
Period for compliance.
The notice described in this section shall require compliance within seven days of the notice of violation.
(Code 1975, § 15-30; Ordinance 3187, § 2, adopted 6/25/2012)
To enforce any requirement of this article, a code enforcement officer or as otherwise designated by the city manager may:
(1) 
Do the work or make the improvements required;
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property; and
(3) 
Cause appropriate action to be instituted by a court of competent jurisdiction.
(Code 1975, § 15-32)
Whenever the property owner, agent, or tenant, fails to abate the nuisance within the time allowed, the enforcement officer or as otherwise designated by the city manager is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance.
(Code 1975, § 15-33)
(a) 
Assessment of charges.
Whenever the city enters upon the premises and causes any work to be performed to abate a nuisance, a charge will be made to the property owner, agent, or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable sales taxes.
(b) 
Administrative fee.
An administrative fee shall be assessed for each charge. Such fee is established in Appendix A. The director of finance shall review the administrative fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce.
(c) 
Lien.
If the actual charge and the administrative fee are not paid to the city within 30 days after billing, the city shall file a lien against the property. The charges shown on the lien shall bear interest at the rate of ten percent 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.
(Code 1975, § 15-34; Ordinance 2907, § 4, adopted 10/23/2006; Ordinance 3187, § 3, adopted 6/25/2012)