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HomeMy WebLinkAbout12132018 ZPC Agenda Item 5 and 6 AGENDA MEMO AGENDA OF: December 13, 2018 AGENDA ITEM: 5 and 6 PREPARED BY: Debbie Scarcella, City Planner SUBJECT: Matters related to property maintenance and noise regulations. ATTACHMENTS: 1. Copy of regulations regarding property maintenance. 2. Copy of regulations regarding noise regulations. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A SUMMARY Staff has identified some areas of the code of ordinances where updates and/or clarifications should take place. We have contracted with Kendig Keast Collaborative to assist us in crafting ordinance language that reflects industry standards and is comparable to other cities in the area. We are starting with property maintenance and noise regulations. The property maintenance regulations need to reflect the current state law as well as add some language that controls or prohibits the planting of invasive species. We currently prohibit poison ivy. Also, included will be a review of the high weeds and grass section as it relates to those plantings considered"natural". Stagnant water and oil and grease disposal will be reviewed as well. We will also be reviewing the noise regulations, except for the section regarding lawnmowers and leaf blowers. The BSC will be reviewing that provision. I wanted you to see what we will be reviewing and why. KKC will provide a base wording change for us to work from in a few weeks. ARTICLE III. -CONDITION OF PRIVATE PROPERTY° Footnotes: --- (2)--- State Law s efeferi e-- aguiation of nuisances by home-rule municip ,iiy, V.T.C.A., Local Government Code § 217.042; municipal power concerning weeds and other unsanitary matter, V.T.C.A., Health and Safety Code§ 342.004: assessment of expenses and lien for abatement by municipality, V.T.C.A., Health and Safety Code § 342.007; persons not to permit abandoned property to become public health nuisance, V.T A. H ,.1 Safety Code §341.013(e). Sec.42-46.-Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Act means V.T.C.A., Health and Safety Code ch. 342, as amended. Rubbish means trash, garbage and debris of all kinds. Without limiting the generality of this definition, the following are specifically included in this definition: (1) Discarded parts of motor vehicles; (2) Discarded trailers or other discarded vehicles, except abandoned motor vehicles regulated by chapter 46 of this Code; (3) Discarded furniture, discarded appliances, discarded fixtures, discarded carpets or rugs; (4) Discarded bedding, or other discarded furnishings; (5) Other discarded personal property; and (6) Rubble or debris from any construction, remodeling, demolition or moving activity, except while a permit authorizing such work is in effect and for a period of ten days thereafter. Weeds includes: (1) Grasses and other ground growing plants which have grown to a height of ten inches or more above the ground; and (2) Poison ivy, poison oak and poison sumac plants, regardless of height. (Code 2003, § 12.201) Sec.42-47. - Presumption regarding"discarded" property. For purposes of this article, an item of personal property is presumed to be discarded in either of the following two circumstances: (1) The item is allowed to remain in one place outside and exposed to the elements, with no apparent use being made of it, for ten consecutive days or more. (2) The item is spoiled, corroded, rotted, broken or inoperable and allowed to remain in one place outside for ten consecutive days or more. (Code 2003, § 12.202) Sec.42-48. - Prohibited conditions. (a) Stagnant water, filth, rubbish, etc . It shall be unlawful for any person owning, claiming, occupying, supervising or controlling any real property within the city to cause or permit any of the following upon such property for any period of four consecutive days or longer: (1) Stagnant water, holes or other areas which can retain water and allow it to become stagnant, or any other condition liable to produce disease; (2) Filth, carrion or other impure or unwholesome matter of any kind; or (3) Rubbish, brush or any other objectionable, unsightly or unsanitary matter of whatsoever nature. (b) Weeds . It shall be unlawful for any person owning, claiming, occupying, supervising or controlling any real property within the city to cause or allow any weeds to exist or remain upon such property. (c) Outdoor accumulation or storage . It shall be unlawful for any person owning, claiming, occupying, supervising or controlling any real property within the city to cause or permit any of the following upon such property for any period of 24 hours or longer: (1) The accumulation or storage of any goods or inventory used in connection with any commercial activity, except within a building or within an area surrounded by an opaque fence or wall at least six feet in height. (2) The accumulation or storage of any building materials, except: a. Temporarily and in connection with building activity for which a city permit is in effect; or b. Within a building; or c. Within an area surrounded by an opaque fence or wall at least six feet in height. (d) Declared nuisances . The conditions prohibited by this section are hereby found and declared to be public nuisances. (Code 2003, § 12.203) State Law reference— Municipal authority concerning stagnant water, V.T.C.A., Health and Safety Code § 342.001; municipal power concerning filth and other unwholesome matter, V.T.C.A., Health and Safety Code § 342.003. Sec.42-49. - Municipal abatement. Whenever there are conditions in violation of this article, the mayor, health authority or municipal official designated by the mayor is authorized to abate those conditions by doing work or making improvements upon the property, in accordance with the procedures prescribed by the Act, provided that: (1) The city manager has approved the work and improvements necessary for abatement; and (2) There are sufficient funds budgeted for such purpose. (Code 2003, § 12.204) Sec. 42-50. -Procedure Expenses incurred by the city for abatement of nuisances under this article are hereby assessed against the real estate on which the work is done or improvements are made. The mayor, health authority or municipal official designated by the mayor is authorized to take all steps necessary to obtain and attach a lien on such real estate, in accordance with the procedures prescribed by the Act. (Code 2003, § 12.205) Sec. 42-51. - Remedies not exclusive. The remedies prescribed by this article are separate, and the city may avail itself of one or more without precluding any of the others. Under no circumstances will a prosecution for a violation affect the right of the city to pursue abatement or liens, or both. (Code 2003, § 12.206) Secs.42-52-42-75. -Reserved. ARTICLE II. - NOISE Sec. 54-39. - Unreasonable noise prohibited. Causing unreasonable loud and disturbing noise in the city is hereby prohibited and shall constitute an offense. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of any ordinary reasonable person are hereby prohibited. This article applies to noise heard within the city, regardless of the point of origin. (Code 2003, § 15.031) Sec. 54-40. - Enumeration of specific noises. The following noises, among others, are declared to be loud, disturbing noises in violation of this article (this enumeration is neither exhaustive nor exclusive of other noises): (1) The noise of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control; the same noise made while in motion, except as a danger signal after, or as, brakes are being applied and deceleration of the vehicle is intended; any unreasonably loud or harsh sound created by means of any such signal device; and the sound of such device made for any unreasonable period of time. (2) The sound of: a. Any vehicular or portable radio, phonograph, disc player, tape player or any musical instrument that is plainly audible outdoors from a distance of 100 feet or more (or 50 feet or more during residential quiet hours); or b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. Example: If the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair, so loaded or operated in such manner that it creates loud noises such as spinning or squealing tires, grating, grinding, rattling or other noise. (4) The sound of any mechanical equipment installed at a fixed location (Examples: fans, compressors, condensers, pumps, etc.), if: a. When the equipment is operating, noise from the equipment is discernable at a point outside the boundaries of the site where it is installed, and noise at that point is measured at a level of 70dB(A) or higher; and b. Immediately before or after operation of the equipment, noise at the same point is measured at a level of 65dB(A)or lower. All sound level measurements shall be made as provided in this article. (5) The sound of a discharge into the open air of the exhaust of any internal combustion motor or engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (6) The sound of any mechanical device operated by compressed air, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced. (7) Loud and excessive noise resulting from the erection (including excavation), demolition, alteration or repair of any structure during residential quiet hours, unless the noise is made in case of urgent necessity in the interest of public safety, and then only with a permit from the building official, which permit may only be renewed for a period of three days or fewer while the emergency continues. (8) Any excessive noise made on any street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital at any time, which noise unreasonably interferes with the working of any such institution, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street. (9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or container, or the opening or destruction of bales, boxes, crates or containers. (10) The sound of any bell, gong, whistle, siren, or other alarm or signaling device installed at a fixed location which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof. Exceptions: This does not apply to: a. An emergency alarm operated by the fire department or other governmental agency; or b. An alarm system permitted and operated in compliance with applicable regulations, including automatic shutoff rules; see, e.g. chapter 26. (11) Shouts or cries of peddlers or vendors which disturbs the quiet and peace of the neighborhood. (12) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance, show or sale of merchandise. (13) The sound made by loudspeakers or amplifiers on trucks or other vehicles. (14) The sound made by leafblowers, lawnmowers and other lawn maintenance equipment, if: a. The equipment is powered by internal combustion; and b. The equipment is operated within 200 feet of an occupied residential building during residential quiet hours. (Code 2003, § 15.032) Sec. 54-41. -Affirmative defenses. (a) Request to cease . It shall be an affirmative defense in any prosecution under this article that a request to cease causing the noise in question was given neither to the person charged nor to any officer, agent, employee or representative of the person charged. All peace officers and other city enforcement personnel are hereby authorized to request that persons cease causing noises that are apparently in violation of this article. Nothing herein limits the right of others to make such requests. (b) Urgent public projects . It shall be an affirmative defense, in any prosecution under this article, that the offending noise was: (1) Necessary for a public project for which the public works director has certified, in writing, that expedited completion is urgently needed and in the public interest; and (2) Made after 7:00 a.m. and before 9:00 p.m. (c) Measured noise levels . It shall be an affirmative defense, in any prosecution under this article, that a measured noise level was actually produced by some person or thing other than that alleged to have caused the noise. (d) Registered outdoor events . It shall be an affirmative defense, in any prosecution under this article, that the offending noise resulted from an outdoor concert or similar event that: (1) Was registered at least 48 hours in advance with the chief of police; (2) Did not last more than four hours, of which no more than two hours were during residential quiet hours; and (3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings. (e) Speech or expression . The affirmative defenses for speech or expression enumerated in V.T.C.A., Penal Code § 42.04 (prior order to move, disperse or remedy) shall also be available in any prosecutions for violations of this article. (Code 2003, § 15.033) Sec. 54-42. - Injunction as additional remedy. As an additional remedy, the noise made by any activity, device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. (Code 2003, § 15.034) Sec. 54-43. -Sound level measurements. Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with a type 1 or type 2 calibrated sound level meter using the A- weighting scale and the slow meter response as specified by the American National Standards Institute(ANSI S1.4-1984/85A). (2) Noise levels shall be measured in decibels and A-weighted. The unit of measurement shall be designated a "dB(A)." (3) Meters shall be maintained in calibration and good working order. (4) Calibrations shall be employed which meet ANSI S1.40-1984 prior to and immediately after every sampling of sound. (5) Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. (6) The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used. (Code 2003, § 15.035) Secs. 54-44-54-74.-Reserved.