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Home My WebLink AboutORD 1369 - ORD Relating Condition of Private Property ,. .l.:rn:lIl!llII!!lm,!lI[]!JIUIIII .J ! I :..-I!"I mitt, Ilill!f: ,. LW.JII I I I II. , , I!L.l.I I 186- ORDINANCE NUMBER 1369 il U AN ORDINANCE RELATING TO THE CONDITION OF PRIVATE PROPERTY, INCLUDING STAGNANT WATER, WEEDS, RUBBISH AND OTHER UNWHOLESOME, IMPURE, OBJECTIONABLE, UNSIGHTLY OR UNSANITARY CONDITIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City is a home rule city with broad powers to legislate to protect the health, safety and welfare of its people, and the City is specifically authorized to define public nuisances, to punish those who cause nuisances and to summarily abate nuisances; and WHERAS, the newly-codified Sections 342.006 and 342.007 of the Texas Health and Safety Code provide a procedure for affixing liens to property where nuisances exist; and WHEREAS, the City Council has determined that said Sections 342.006 and 342.007 are separate from the other sources of the Cityls authority to abate public nuisances and do not preclude other remedies, such as summary abatement; and WHEREAS, the City Council has determined that the measures =: contained in this ordinance are necessary to preserve and protect the health, safety and welfare of the people, and that summary abatement of ! nuisances is specifically required for this purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Article III of Chapter 12 (Sections 12-66 through 12-69) of the Code of Ordinances, City of West University Place, Texas is hereby amended to read in its entirety as follows: IIARTICLE II 1. CONDITION OF PRIVATE PROPERTY Sec. 12-66. Definitions, Presumptions. (a) In this Article: (1) IIActll means Sections 342.006 and 342.007 of the Texas Health and Safety Code, as heretofore or hereafter amended. J ~ L-J Ordinance Number 1369 , 187 (2) IIRub;b~shll means trash, garbage and debris of all kinds. Without limiting the generality of this definition, the following are specifically included in this definition: (;) (i ;) (ii;) (iv) (v) discarded parts of motor vehicles; discarded trailers or other discarded vehicles, except motor vehicles subject to article VI. Chapter 13 of this Code; discarded furniture, discarded appliances, discarded fixtures, discarded carpets or rugs, discarded bedding, or other discarded furnishings; other discarded personal property; and 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) IIWeeds" includes grasses and other ground-growing plants which have grown to a height of ten inches nr more above the ground. (b) 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. (c) For purposes of this Article, a person is presumed to control real property if the person arranges for or pays for any utility service for the property, but only for the time period during which the utilty service is provided to the property. Sec. 12-67. Prohibited conditions. (a) It shall be unlawful for any person owning, claiming, occupying, supervising or controlling any real property within the City to cause or permi t any of the fo 11 owi ng upon such property for any period of four consecutive days or longer: n I 1-r-TlI"; L 1 [I I i ' 'I .-'''C' :~f!ml'lnll!l!I"lI ..;-' '] j' 1:' -, --...-. nniiltlflT1illlili1iIl11lTiiT:JIrr' . i'lfiTi1liri1 ,. 1,:lII:lllII!IIJIJIIDIUDI,IDIIII I!.L...LJ I .____ 1!1 :....II_IIIIIlIlIIIlflJIlMli.,. I IL IilllJlL.:.-...:..-r~,r Ordinance Number 1369 (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 (i i i) rubbi sh, brush or any other objectionable, unsightly or unsanitary matter of whatsoever nature. (b) It shall be unlawful for any person owning, claimingt occupying, supervising or controlling any real property within the City to cause or allow any weeds to exist or remain upon such property. (c) 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: (i) (i i) 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: (i) temporarily and in connection with building activity for which a City permit is in effect; or (ii) within a building; or (i i i) withi nan area surrounded by an opaque fence or wall at least six feet in height. (c) The conditions prohibited by this section are hereby found and declared to be public nuisances. Sec. 12-68. Summary Abatement. Whenever there are conditions in violation of this Article, the health inspector is authorized to summarily abate the conditions if both of the following circumstances are present: 188 ,~l '-~ ~-1 J u Ordinance Number 1369 189, n (1) The health inspector has made a reasonable effort to contact the owners or persons in control of the real property involved to request that they voluntarily abate the conditions causing the violation, to notify them that the City is considering summary abatement and to provide them an opportunity to contest the matter, if they so desire. In case of continuing violations caused by growing weeds or brush, it is sufficient if one such notice is given during each annual growing season. (2) The conditions have not been abated within a reasonable time, and there is no appeal pending. ,(3) The City Manager has approved the work necessary for abatement, and there are sufficient funds budgeted for such purpose. o Sec. 12-69. Procedure for affixing liens. The health inspector is further authorized to affix a lien to the real property where conditions in violation of this Article occur, but only by following the procedures set out below: (1) The health inspeotor must notify the owners of the property where such conditions may exist, in the manner prescribed by the Act. (2) If any such owner fails or refuses;to remedy the conditions specified in the notice from the health inspector, the health inspector is also authorized to ca~se 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 shall be charged to the owner of the property involved, and the health inspector is authorized 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 provided by the Act. Sec. 12-70. Remedies Not Exclusive. 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 summary abatement or liens, or both. n Section 2. Article II (Lot Clearing) of Chapter 11 of the Code of Ordinances of the City of West University Place, Texas is hereby repealed. L I~, Il . ., ,,~,.. " ,,,..,.,...~...[_,..t."'IlI_11 " Ii"' IllilCUrrIL-:rITilllilrnmnm:lln::T -. ".I In,lIJIlIIIIIJmlIIIUIllUJIIII :. ! l _ L..JI_II~Ulifi liGJ11. ".,1' I J l!lllil:!II. I I II, II ,I II!.L....LJ I Ordinance Number 1369 190 Section 3. 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 violation occurs on or after the effective date. The provisions of the Code of Ordinances in existence prior to the adopt inn of this ordinance apply to violations committed before the effective date of this ordinance, and such provisions are continued in effect for this purpose. If u Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance~ or the application 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 ordinance and the application of such word, phrase, clause, sentence ~ paragraph, secti'on or other part of thi s ordi nance to any other persons or circumstances shall not be affected thereby. Section 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 6. 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, considered or acted upon was given in 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 public as required by law at all times during such discussion, consideration and action. The I"J City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 7. This ordinance shall take effect on the tenth day following its publication, as prescribed by the City Charter. Aori i PASSED AND APPROVED ON FIRST READING" this 9th day of , 1990. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Watson Voting No: Absent: None Councilmember Redeker PASSED AND~APPROVED ON SECOND AND FINAL READING this 23rd day of April , 1990~ Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson Absent: None J Voting No: None [ ~ "L ATTEST: Ordinance Number 1369 signed: Laura C. Higley, Mayor Audrey Nichols city Secretary (SEAL) ~i_" _,:~: Ih :__; __!iI ~iJ:rDJjILl.:~2.iJ:J:LIEL-,-,--~_:.sl_1l H:_L_L~'l Approved as to Form: James L. Dougherty, ,Jr. City Attorney !LJliTIIlIL~~_~-"~::_~_:Lli.2lLS~rDlllIIIlIJllIDI'T'" 'I i' 'i IIl1mmrlIllmrrmrn1lmr-' '- 191