HomeMy WebLinkAbout08082019 ZPC Agenda Item 5 DRAFT COPY ONLY
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 an excessive accumulation of weeds that exceed 10 inches in
height.[duration?]
(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 garbage [does/should this include composting matter] allowed to remain in one place
for more than 24 hours and:
(i) Is not located fully within a receptacle and
(ii) Makes the premises unwholesome.
(4) Any brush or rubbish allowed to remain in one place for more than 72 hours.[how/where
should we deal with yard waste that is generated 6 days before recycling day?]
(5) 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;
(6) 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;
(7) Any discarded personal property allowed to remain in one place longer than seven
consecutive days;
(8) Any item that is spoiled, corroded, broken, or inoperable and allowed to remain in one place
longer than seven consecutive days; or
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(9) Any spillage of oil or grease from a grease trap or grease or oil containment area and not
abated within 72 hours.
(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. [Should there be a request to abate requirement before a citation can be
issued? As a practical matter, that is going to happen in the ordinary course. It's similar to the
approach in the noise ordinance.]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.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 [should compost be specifically excluded?] 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.
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(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.
(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.
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