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Home My WebLink About06132019 ZPC Agenda Item 4 The Zoning and Planning Commission would like to extend an invitation to all West University residents to attend a workshop regarding our City's Code of Ordinances. We would like to hear feedback and comments from you on Property Maintenance provisions and Noise Ordinance regulations.We hope to see you in the Council Chambers at the Municipal Building at 6pm on July 11th! For more information or if you have any questions, please contact Debbie Scarcella by phoning 713-662-5893 or at dscarcella @westutx.gov. Zoning and Planning /■‘ Commission WEST UNIVERSITY IS HAVING A WORKSHOP AND WE WOULD LIKE TO GET RESIDENT FEED BACK REGARDING THE FOLLOWING SUBJECTS : • NOISE ORDINANCE PROVISIONS • PROPERTY MAINTENANCE WHERE : COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING WHEN : JULY 11 , 2019 AT 6 : 00 PM Debbie Scarcella City Planner City of West University Place dscarcella@westutx.gov 713-662-5893 1#"?...; May 9, 2019 Exhibit"A" Amend Chapter 42,Article III. Condition of Private Property by replacing Sections 42-46 through 42-51 in their entirety and replacing with the proposal below: ARTICLE III.—CONDITION OF PRIVATE PROPERTY Sec.42-46.-Purpose. The regulations of this Article are necessary to ensure that private property is maintained at a level that will not create a public nuisance which may include but is not limited to brush,garbage, weeds, refuse, rubbish, or any unsanitary condition likely to attract rodents and/or disease. Sec.42-47. -Applicability. All parcels of property within the municipal limits of the City shall adhere to the regulations of this Article which are consistent with Chapter 342, Local Regulation of Sanitation, and Chapter 343, Abatement of Public Nuisances, of the State of Texas Health and Safety Code. Sec.42-48.-Regulations. (a) Public Nuisances to be Abated. The following circumstances are deemed to be a public nuisance and shall be fully abated by the owner of the property: (1) The existence of any plant determined to be a weed; (2) Grasses, other than ornamental or decorative grasses,that exceed 10 inches in height and remain on site more than 7 consecutive days; (3) Any brush,garbage, or rubbish, allowed to remain in one place for more than 72 hours and: (i) Is not located fully within a receptacle; (ii) Makes the premises uncultivated; or (iii) Makes the premises unwholesome. (4) Any stagnant water or unfilled holes on the premise which can retain water and allow it to become stagnant or produce any unwholesome condition on the property for more than seven consecutive days; (5) The accumulation or storage of any goods or inventory that can be viewed from the public right-of-way and used in connection with any commercial activity, including without limitation building materials; (6) Any discarded personal property allowed to remain in one place longer than seven consecutive days; (7) Any item that is spoiled,corroded, broken, or inoperable and allowed to remain in one place longer than seven consecutive days;or (8) Any spillage of oil or grease from a grease trap or grease or oil containment area and not abated within 72 hours. pg. 1 (b) Owner Responsibility. The owner of the property at issue has a responsibility to fully abate the public nuisance through the owner's privately funded means. Sec.42-49.—Enforcement. (a) Right of Entry. The Public Works Director or his designee is authorized to inspect any property within the municipal boundaries of the City at any reasonable time provided that the inspection is from the public right-of-way or the inspection is consistent with the requirements of Section 18-23, Right of Entry, of the City's Code of Ordinances. (b) Violations. (1) Issuance of Citations. The Public Works Director or his designee is authorized to issue citations for violations of the terms and provisions of this Section to the owner or occupant of the property upon which condition exists. (2) Procedures and Penalties. Any violation of this Section, and any associated penalties that result from it, shall be dealt with consistent with the requirements of Section 1-7, General penalties for violations;alternative enforcement, of the City's Code of Ordinances. (c) Municipal Abatement. Whenever there are conditions in violation of this Article, the Public Works Director or his designee is authorized to abate those conditions by doing work or making improvements upon the property provided that the process of conducting the work is pursuant to Section 342.006, Work Improvements by Municipality; Notice, of the State of Texas Health and Safety Code. (d) Municipal Lien. Pursuant to Section 342.007, Assessment of Expenses; Lien, of the State of Texas Health and Safety Code,the City has the right to obtain a lien on the property at issue to recover any costs associated with municipal abatement process as described above in subsection (b). (e) Separate Offenses. Each single violation of any regulation of this Section 42-48, Regulations, shall be considered a separate and distinct offense. (f) Separate Remedies. The remedies prescribed by this Section 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, liens,or both. Sec.42-50.-Definitions. (a) Abate means to eliminate or remedy by removal, repair, or rehabilitation. (b) Brush means all uncultivated shrubs, bushes, and small trees. (c) Discarded means any item of personal property that is allowed to remain in one place outside and exposed to the elements, with no apparent use being made of it, for seven consecutive days or more. The term "discarded" may include, but is not limited to, motor vehicles or parts of motor vehicles, trailers or parts of trailers, furniture, fixtures, carpets, or debris from any construction, remodeling, or demolition activity. (d) Garbage means decayable waste from a public or private establishment or restaurant. The term includes vegetable, animal, and fish offal and animal and fish carcasses, but does not include sewage, body waste, or an industrial by-product. (e) Premises means all privately owned property including vacant land. (f) Receptacle means a container that is composed of durable material and designed to prevent the discharge of its contents and to make its contents inaccessible to animals,vermin,or other pests. pg. 2 (g) Rubbish means nondecayable waste from a public or private establishment or residence. (h) Uncultivated means in a primitive state that is not domesticated or cultivated and is produced by nature. (i) Unwholesome means all stagnant water, filth, carrion, impure matter and any condition liable to produce disease. (j) Weed The term "weed" may include, but is not limited to, uncultivated, invasive vegetative growth which is liable to attract or harbor mosquitoes, rodents, vermin, or other disease-carrying pests and grasses that are harmful to humans by touch, such as poison ivy, poison oak, and poison sumac. pg. 3