Loading...
HomeMy WebLinkAbout09122019 ZPC Agenda Item 3 DRAFT COPY ONLY August 8, 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 and remain on site more than seven consecutive days. (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 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 the greater of more than 72 hours or the next scheduled trash pickup 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 pg. 1 DRAFT COPY ONLY (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 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. pg. 2 DRAFT COPY ONLY (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. pg. 3 4 Existing Regulations ARTICLE III. -CONDITION OF PRIVATE PROPERTY 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; ( ) 9 g (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. 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. 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. 4 (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. 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. 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. 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.