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Home My WebLink AboutORD 1286 - ORD Relating to Conditions of Real Property & accumulation or Storage of Personal Property. ,JlIlIIijm:nmllITl]lrl1lfT""'~-'-'IJTm"1T . "I ~I I I , -'1 172 ORDINANCE NUMBER 1286 , , AN ORDINANCE RELATING TO CONDITIONS OF REAL PROPERTY AND THE' ACCUMULAT!ON OR STORAGE OF PERSONAL PROPERTY; AMENDING THE CODE'OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS-AND RELATED 'PROVISIONS. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Section 11-33 through 11-36 (Chapter 11; Article II) of the Code of Ordinances, City of West University Place, Texas is hereby amended to read as follows: ARTICLE II. LOT CLEARING Sec. 11-31. Definitions. In this Article: - (1) "Act" means TEX. REV. CIV. STAT. art. 4436, as heretofore or hereafter amended. (2) "Rubbish" means trash, garbage and debris'of'al1 kinds. Without limiting the generality of this definition, the following are specifically included in this definition: (i) discarded parts of motor vehicles; (ii) discarded trailers or other discarded vehicles, except motor vehicles: subject to article VI, Chapter 13 of this Code; (iii) discarded furniture, discarded appliances, discarded fixtures, discarded carpets or rugs, discarded bedding or other discarded furnishings; - ,,' ,.., , (iv) other discarded personal property; and (v) 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. (3) "Weeds" includes grasses and other ,ground-growing plants which have grown to a height of ten inches or more above the ground. Sec. 11-32. Prohibited conditions. (a) It shall be unlawful for any person owning, claiming, occupying, supervising or controlling any real property within the 1 u r] 11 ~ .~ L , " City to cause or permit any of the following upon such pro~erty for any period of four consecutive days or longer: (i) stagnant water, holes or other areas which can retain water and allow it to become stagnant, or any other condition liable to produce disease; or ' (ii) filth, carrion or other impure or unwholesome matter of any kind; or (iii) weeds, rubbish, brush or any other objectionable, unsightly or unsanitary matter of whatsoever nature. (b) (1) The health inspector is authorized to notify the owners of property where suchconditiohs may exist, in the manner prescri'bed by the Act. (2) If any such owner fails or refuses to remedy the conditions specified in a notice from the health inspector, the health inspector is also authorized to cause any necessary remedial work to be done at the expense of the City, upon the approval of the City Manager, provided that budgeted funds are available for such purposes. (3) Any expenses incurred'by the City in connection with 'such work'shal1! be charged "to'the: owner of the' property involved, and the health inspector is:, :auth'oriz.e-d to send statements of such charges to such owners. The mayor and the city health officer are authOrized to file statements showing 'such expenses with the county clerk as proved by the Act. (4)lihe remedies" prescribed by this subsection are cumulative of all other remedies, including summary abatement. Sec. 11-33. Accumulat'iori"or sto1ra'ge 'of plroperty. It shalT be unlawful for::any' pe'rsc):n!'owniim;g',claiming" occupying, supervising or controlling any real property within the City to cause or permit any of ~he fOJU owing upon such property for any period of 24 hours or' longer: , ; ,. t fi ';'": . ;' , i;'" -i '1'(' (1):" The a:ccumulation or s.torcrge'lOf'!a'nygoods or inventory . fused'lin'connection with any commercial activity, except: (i) )" (i i) '~within a ,building; 'or ,. wi'thi n im"area."!surrounded by an opaque fence orwall.at least six feet in height~ '(2) ~he accumulatt6n or jtora~eofany buildingmatetials, except: ' ( , J ~) : I ;, , 1 f .. 1 ~ ~ ( ~ i r; 2 - . ~.., 1.'....lLlill.1J.illL\1W1lJ1l.I. 173 "'~. ~ l -~~ . . :IlIrJlffllmTT1Ti7il~ 1.11 'I - .1' ~ <, . i . 17~ (i) temporarily and in connection with building activity for which a City permit ,is in effect; or (i i) within'a buildihg; or (iii) within an area surrounded by an opaque fence or wall at least six feet in height. Section 11-34. Proof of certain, facts. (a) For purposes of this Article, either of the following shall constitute prima facie evidence that an item of personal property is discarded: (1) Proof that it was 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) Proof that it was spoiled, corroded, rotted, broken or inoperable and allowed'to remain in one place outside for ten consecutive days or more. (b) For purposes of this Article, proof that a person has either arranged for or paid for ,any utility service for a given lot or building site shall constitute prima facie evidence that the person controls the lot or building site and all structures and personal property found thereon during those times that the person has arranged for, or 'paid for, the utility service. Such proof may consist of excerpts from the customer bill ing records of the company or entity providing the service. Section 2. This ordinance shall apply to violations committed on or after its effective date. A violation is committed on or after the effective date if any element of the v.iolation occurs ,on, or after the effective date. The amended provisions of the Code of Ordinance in existence prior to the adoption of this ordinance apply to yiolations committed before the effective date of this ordinance, and such provisions are continued in effect for this purpose. Section 3. If any word,phr.ase, clause, sentence, paragraph, section or other part of this ordinance, or the appl ication ,thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this or.dinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, 3 J n I I, "---J lJ ).75 L1 considered or atted upon Was gi~en iri the manner required 'by'the Open Meetings Law, TEX. REV.- CIV. STAT. ANN. art. 6252-17~"as:,amended,' and that each such~meeting has been open to the publ ic as, required by law at all times during such discussion, consideration ana action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof~ ' Section 6. This ordinance shall take effect on the tenth day following its publication, as prescribed by the City Charter. , , , PASSED AND APPROVEDUN.FIRST READING, this 13th day of Apri 1 , 1987 ..' . .. Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel, Thompson ' None None Councilmembers Voting No: . Councilme~bers Absent: . .0" " , PASSED AND APPROVED ON SECOND READING this 11th day of May , ,~ 1987 Councilmembers Voting.Aye: ,Mayor Parks, Councilmembers Bryan, Be 11 , Bri tton, Schwartzel Councilmembers Voting No: None Councilmembers Abse'nt:;' - .' None of , ,. PASSED AND APPROVED ON THIRD AND FINAL READING this 28th day May , 1987. ' Councilmembers Voting Aye: Mayor Parks, Councilm~mbers Bryan, Bell, Britton r- J. C-ounci 1 members Voti,ngNo: . Cou'nc i 1 members Absent: None Councilmember Schwartzel I 1, .,' ~. 1 ~ ,Michael L. Parks, Mayor ATTEST: Approved as to Form: Auctrey Ni chol s ~"City Secretary' .. n (SEAL) James L. Dougherty, Jr. City Attorney 4 ~