HomeMy WebLinkAboutOrd 1687 - poison ivy and other conditions on private property
Ordinance No. 1687
AN ORDINANCE RELATING TO POISON IVY AND OTHER CONDITIONS ON
PRIVATE PROPERTY; AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT. .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 12 of the Code of Ordinances of the City of West University
Place, Texas is hereby amended to read in its entirety as set out in Appendix A, which
is attached and made a part of this ordinance~
Section 2. This Ordinance applies from and after the Effective Date. Any
violations committed before the Effective Date are governed by the ordinances in effect
immediately before the Effective Date ('~Prjor Ordinances"). If permits (including similar
approvals) are affected by this Ordinance, this Ordinance shall generally apply to and
govern those applied-for on or after the Effective Date. However, the Prior Ordinances
shall apply to and govern any such permit (and the activities authorized by such a
permit) if: (i) the application for the permit is completed and filed before the effective
date, with all plans, information, fees, etc. J (ii) the permit is actually issued on the basis
of that application, and (iii) the permit is not allowed to expire, and is not terminated or
revoked, thereafter (although it may be renewed or extended in the usual manner, if
any, allowed for that type of permit). The Prior Ordinances are continued in effect for
the purposes mentioned in this section.
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
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,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby~
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! considered or acted upon was given in the manner
required by the Texas Open Meetings Act, 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 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 provided in the City Charter C~Effective Date").
PASSED AND APPROVED on d4 .?i3 I ;lO:'J/ .
Councilmembers Voting Aye(!
Councilmembers Voting No:
Councilmembers Absent:
Signe~~l~~)~
Mayor
Reviewed: J~ .
City Attorney
. Recommended~(_
City nager
C0107:.54opoisonivy.doc
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Appendix A
Chapter 12Health & Sanitation
Subchapter A. Health Authoa"ity
Sec. 12.101. Health authority.
Sec. .12.102. Health inspectors; other
departments.
Sec. 12..1 03. Decis ions and appeals.
Su bcha pter B. Condi tioll of Pri va tc Property
Sec. 12.20]. De fin itions.
Sec. 12.202. Presumption of ~'djscarded'~.
Sec. 12.203. Prohibited conditions.
Sec. 12.204. M un icipal abatement.
Sec. 12.205. Procedure for aUi xi ng I lens.
Sec. 12.206. Remedies not exclusive.
Subchapter C~ Pollution of Poor Farm Ditch
Sec. 12.30 I < Prohibited discharges.
Sec. 12.302. Investigation, enforcement.
Subchapter D~ Smoldng Tobacco, Etc.
"Sec. 12.40]. Certain conduct prah ibitcd.
Sec. (2.402. Defenses an d rei ated duties.
Sec. 12.403. Designated s1110king areas.
Sec. 12.404. Miscellaneous.
Subchapter A. Health Authority
Sec. 12.101. Health authoritya
(a) Appointment, duties, etc. TIle City COUllCil hereby appoints alld rea.ppoil1ts tIle Director
of the I-Iarris County Health & Environmental Services Department as tIle City's l1ealth
allthority under aJ.ld pursuant to the Texas Healtll & Safety Code ('tH&S Coderl), to serve
successive terms of two years, eacll beginning October 1 of an evel1-nluubered calelldar yeaL
The City Councilluay l11a!(e a different appointl1lent, sllbject to tIle restrictiol1S Oftllis sectioll.
Ul11ess otherwise allowed by tile H&S Code, tIle health authority:
(1) must llave tile qualifications required by tIle H&S Code;
(2) shall serve for a two-year term from tile date of appointl11ent, alld Inay be
appointed for sllccessive terms;
(3) sIlall be removable from office for cause, l111der tIle persollileI procedures
applicable to heads of City departmellts;
(4) Inay delegate authority to a properly qualified physiciml to act wl1ile tile
healtll authority is absent or il1capacitated, ill accordal1ce witll tIle H&S Code;
and
(5) sIlall have the authority granted by state law and this Code.
(b) Delegation. If the health autllority delegates autllority to act ill case of absel1ce or
disability, the following procedures shall apply:
(1) the health autllority~ ifpossible, shall 110tify the City Mallager tIle l1ealt11
authority will be absent or disabled;
(2) tIle City Manager shall deterlnine absence or disability, regardless ofwlletller
notice is given, and the City Manager's detern1illatiol1 is fillal;
(3) during any suell absence or disability, tile delegatee l1as all of tIle autllority of
the health authority, and the l1ealtll alltllority has no atltllority ~
(c) No Health Board or Department~ TIle City l1as not establislled. a local l1ealt11
department or local Ilealtll district, and there is 110 local l1ealtll board. All referen.ces ill tllis
Code to a l1ealth officer or board shall be co.nstrlled to apply to tIle llealtll autllority.
(d) Food andfood handlers~ III additioll to duties imposed by state law, tIle l1ealt11
authority shall enforce and administer this Chapter and Chapter 10 ( food and food l1andlers).
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(e) Standards and procedures. TIle healtll aut110rity is sllbject to tIle saIne stllild.ards and
procedllres applicable to~tlle Buildil1g Official under Chapter 6 (see, e.g., SectiollS 6.11, et seq.),
except as provided for food service in Cllapter 10. When applyil1g for a searcll warrant to carry
out healt11-related duties, tile health autllority is designated as tile Code enforcement officia1.
Sec. 12.102. Health inspectors; other departmentslI
(a) Inspectors. The healtll autllority may designate full or part-tilue City e.mployees as
llealtll inspectors and may delegate illspection alld enforcement duties to tlleln, Ul11ess otllerwise
prescribed by tIle H&S Code~ Healtll inspectors so designated shallllave full allt110rity to do all
things the health autllority cOllld do, to the full extent l1ecessary or cOl1vel1ient to carry Ollt tlleir
delegated duties.
(b) Other departments. Otller departments shall assist tIle healtll autllority i111d tIle l1ealtll
inspectors, as the City MaIlager may from time to time prescribe.
Sec. 12.103. Decisions and appeals.
The health authority may cllange or overrule any decision made by a :healtl1 il1spector.
Appeals of decisiol1S made by ~ the health autllority, the Mayor, an official desigl1ated by tb,e
Mayor (as provided below) or a health inspector are l1eard by tIle Bllilding & Stalldards
COlmnission, except as provided for food. service ill Chapter 10. TIle BSC s11all also COllduct
adluinistrative hearings contemplated by Cllapter 342, Texas I-Iealth & Safety Code.
Subchapter B. Condition of Private Property
Sec. 12.201. Definitions.
In 111is subchapter:
(1) "Act" meal1S Sections 312.006 and 31}2~007 Cllapter 342 of tIle Texas Healtll
& Safety Code, as amended.
(2) " Rllbbish" means trasll, garbage and debris of all.I<il1ds. Witll0Ut lilllitillg
the gel1erality of tIns d.efilution, tile following are specifically i11clllcled in. t11is
definition: (i) discarded parts of Inotor vehicles; (ii) discarded trailers or
other discarded vehicles, except abandolled lTIotor ve11icles regulated by
Chapter 13 of this Code; (iii) discarded furlliture, discarded appliallces,
discarded fixtlrres, discarded carpets or fllgS, (iv) discarded beddil1g, or otller
discarded ftlmishings; (v) other discarded personal property; al1d (vi) fllbble
or debris froIn allY constru.ction, remodeling, delTIolition or 1110ving
activity, except wllile a perlnit autllorizil1g stIch worl< is il1 effect aIld for a
period often days tllereafter.
(3) " Weeds" include: ill grasses 811d otller grolll1d. growil1g plal1ts Wl1icll11ave
growll to a lleight often inc.hes or more above the grOl1l1d and (2) .paiSO]l ivy,
POiSOll oal( and. poison sumac plants., regardless of heigllt
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Sec. 12.202. Presumption of "discarded."
For purposes this sllbchapter, all iteln of persol1al property is :presluned to be discarded. ill
either of the following two circumstaI1Ces:
(1) The item is allowed to relnain in one place olltside llild. exposed to tJ1e
elements, with no apparent use being made of it, for tell consecutive days or
more.
(2) The itelu is spoiled, corroded, rotted, brol<ell or il10perable al1d allowed. to
remain ill one place outside for ten cOl1seclltive days or 111ore.
Sec. 12.203. Prohibited conditions.
(a) Stagnant water, filth, rubbish, etc. It sllall be llnlawfu.l for allY perSOll OWl1illg,
claiming, occupying, su.pervising or controllil1g any real property within tIle City to cause or
permit any of the following llpOll such property for allY period offour cOl1seclltive days or
longer:
(1) stagnant water, 110les or other areas which call retain water aI1d allow it to
become stagnant, or any other COl1dition liable to produce disease; or
(2) filth, carrion or otller impure or unwllolesome matter of allY l(il~d; or
(3) rubbish, bnlsll or any otller objectionable, unsig11tly or l1l1Sill1itary lllatter of
wllatsoever 11ature.
(b) Weeds. It shall be unlawful for any person 0W11il1g, claiming, OCCllpyillg, supervisiJlg or
COl1trolling any real property witllil1 tIle City to calIse or allow any weeds to exist or re.l11.ain llpo:n
suell property.
(c) Outdoor accumulation or storage. It shall be unlawflll for atlY perSOll OWllil1g,
claiming, occupying, sllpervising or controllillg any real property withitl tIle City to calIse or
permit any of tIle following upon such property for allY period of 24 110llfS or l011ger:
(1) The accumulation or storage of allY goods or inventory llsed ill cOl111ection
with any conunercial activity, except withil1 a buildillg or witllill all area
surrounded by an opaque fence or wall at least six feet illlleig11t
(2) The accumulatiol1 or storage of allY bllilding materials, except: (i) telnporarily
and in COlUlection with bllilding activity for whicl1 a City perluit is ill effect; or
(ii) within a building; or (iii) within all area sun.ollllded by all opaqu.e fel1ce or
wall at least six feet ill lleigllt.
(d) Declared nuisances ~ The conditions prollibited by tllis seetioll are llere.by fOUlld alld
declared to be public l1uisances.
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Sec. 12.204. Summal17 Municipal abatement.
Whenever tllere ar~ COllditions ill violatiol1 oftl1is subchapter, the Mayor., l1ealtll alltllority
or municipal official designated by tIle Mayor is autllorized to summarily abate the COl1ditiol1~
abate tllose conditiollS by doing work or mal(ing improvelnents u.pon tIle property., ill accordallce
witll the procedures prescribed by the Act, provided tllat: (i) tIle if tile follo\vin.g cirClln1staJ1ces
are present:
(1)
(2)
There l1as been m~de a reasonable effort to cont3.ct tIle O\'/llers or per~o11s i11
. control of tIle real property in'vol'ved to request that tile)' ~/olllntarily 8-bate tIle
conditiol1S causing the yiol~tion, to notify t11em that tIle Cit)r is COl1sideril1g
summary abatement and to pro~/ide them an opportunity to COlltest tIle Inatter,
if they. so desire. In case of continuillg '(liolatiol1S callsed by gro~;vil1; ~~,reeds or
.brush, it is Sllfficiel1t if one SllCl1110tice is gi'vell duril1g e:lCll ar.Jl1,..lal gro"t(vill;
seaSO.D.
The conditions 11a~/e 110t beel1 abated "(.vithin a re:lsonable til11e, illld t11ere is 110
appeal pellding~
T11e City Manager l1as approved the worl( and. im.provelnellts l1ecessary for
abatement, and @ there are Sllfficiellt funds bu.dgeted for suell pllrpose.
(3)
Sec. 12.205. Procedure for affixing liens.
Expenses il1curred. by the City for abatement of l1uisances under tllis Sllbchapter are l1ereby
assessed against the real estate on Wllicll the worl< is dOl1e or improvel11ellts are made. Tile
Mayor, health authority or municipal official desigl1ated by the Mayor is finiller autllorized. to
tal(e all steps necessary to obtain al1d attach a lien 011 SU.Cll real estate, ill accordmlce witll tIle
procedures prescribed by the Act. affix a lien to tile real propert)' "\vhere COllditiol1S il1 '/iolCft.i.efl
of tllis sllbchapter OCCllr, but only' b)' follo"(~vin~ tile proced~lfes set out belo~~v:
(1) The health autllority must 110tify the O.\l.711ers of the propert)' "(t"l/11ere Sllell
conditions ma)' exist, ill tile lTIaIlner prescribed b)r the L^.LCt
(2) If an)r such O'{~1/11er f3.ils or refuses to reIned)' tIle conditio11S specified il1 t11e
llotic€ from tIle health ~utllority, the l1ealth :lutllorit), is ~lso 8.~lthorized to
cause any. l1ecessary remedial ~.vork to be done ~t the expel1se of tIle City, 1,..lpOl1
the appro"(l~l of the Cit), I\1:lna~er, pro~/ided 111at bu.dgeted fu.nds are ~~/~il:lble
for suell purposes&
(3) s.^"ny expenses incurred .b)' the City in connection '\'/itll stIch "l~vork s]lall be
charged to tlle O'N11er of the propelty in~/ol~/ed, 3l1d. the llealtll alltllorit)r is
autllorized to sel1d statements of such char.;es to sitell O~~"1/1~ers. TIle 11ayor 311d
tIle healtll autllority are autllorized to file statemellts SllO~.vil1g stlcl1 expellses
~~"1lith the count)' clerk as pro.vided by' the ~^....ct.
Sec. 12.206. Remedies not exclusive.
The remedies prescribed by tllis Sllbcllapter are separate, an.d tIle City l11ay avail itself of
OIle or lllore without precluding 8l1Y of t1le otllers. Ul1der 110 cirClullstmlces will a proseCl1.tioll for
a violation affect tIle right of tile City to pursue SUlTIluary a.batel11ent or liens, or bot11.
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Subchapter C. Pollution of Poor Farm Ditch
Sec. 12.301. Prohibited discharges.
(a) Dumping, etc. It shall be ul11awful aIld sllall constitute a 11l1isance for an perSOll to
dump, tlrrow, place or discharge any substance into Poor Farm Ditcll fronl allY POillt withill the
City~ It shall ftuiher be unlawful and a I1tlisance for llilY person to dump, place or tllfOW allY
type of material into Poor Farln Ditch witllil1 tIle City so as to blocl( or partially bloc.k tIle natural
flow of water thrOUgll such ditcl1 or to cause stagl1ant pools of water ill tIle l1atural course of said
stream.
(b) Businesses. It shall be l1111awful and sllall COl1stitute a l11isdemeanor for allY OW11er of
any business establislunent or any employee thereof Wl1icll abuts Poor Farlll Ditcll, to dUll1p or
discllarge or cause or permit to be dumped or discllarged allY garbage, trasll, rubbisl1, llilimal
remains or any food su.bstances into Poor Farm Ditch.
Sec. 12.302. Investigation, enforcement.
(a) Certain duties. It sllall be the duty of tIle l1ealtll autllority to:
(1) il1spect Poor Farln Ditch at freqllent il1tervaIs;
(2) investigate complaints relating to Poor Farln Ditcll;
(3) il1stitute corrective meaSllres for tIle abatelnellt of suell violatioll oftllis
subchapter;
(b) Nuisances. If tIle healtll autllority finds tllat a nuisance does exist, the alltllority sllall
order its abatemel1t witllil1 a reasonable time. If the nuisance is tllereafter abated by tIle City, all
expenses incurred sllall be billed to llild paid by tIle persoll responsible for tIle 11llisllilce.
Subchapter D. Smoking Tobacco, Etc.
Sec. 12.401. Certain conduct prohibited.
(a) In general. A person cOlnmits an offense by possessillg a burlling tobacco produ.ct or
smol<ing to.bacco in, or withil1 15 feet of a pedestrian entrallce to, allY of tIle followillg IJlaces:
(1) certain City facilities: specifically MUllicipal Bllildil1g, Fire Statio11, Police
Buildillg, Library, Community Bllildillg, Senior Services Willg, Colol1ial
Park Building including the swimmil1g pool and decl< area; or
(2) any otller enclosed bllilding space in the City.
(b) Exceptions. The followil1g are exceptions from tIle prohibitiollS of this sectioll:
(1) Possessing or S1110king tobacco in private residelltial bllildillg space, to Wllicll
the public does not have access.
(2) Possessing or slnol(ing tobacco ill a designated SlllOl<illg area, as provided for
in this subchapter.
(3) Possessing or smol<il1g tobacco withil1 preluises meeting all of tIle followillg
criteria: (i) tile prelnises are used. primarily for sale of alcol1olic beverages, for
immediate consumption OIl tile prenlises; (ii) more tllatl 70 percent of tIle
gross receipts froIn tIle premises are derived from suell sales; (iii) tIle prell1ises
are separated from all otller building space by walls illId. otller barriers that are
impermeable to smoke, except for doors lcept closed wIlell not ill actllaluse;
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and (iv) the premises have separate ventilation, so t11at virtually nOlle of tIle
air frQrn the premises reaclles any otI1er building space.
Sec. 12.402. Defenses and related duties.
(a) Signs. It is an affirlnative defense to prosecutio.n l111der Sectiol1 12.401 tllat tllere \vas
no reasonably-sized, " smolcing prohibited" Sigll displayed at the place of tIle offel1se~ It 811a11 be
the duty of the owner aIld each perSOll in posseSSiO!l or control of a nOll-City-oWlled. place vvllere
smoking is prohibited by this Sllbcllapter to cause SU.Cll SigllS to be displayed at atl tilnes.
(b) Extinguishmentfacilities~ It shall be an affirmative defense to proseclltiolllll1der
Section 12~40 1 that there was no facility for extil1guishing smol<ing l11aterials at tIle l)lace of tIle
offense. It shall be the duty of the owner and each person in possession or COl1trol of a ll011-City-
oW11ed place where smokillg is prollibited by this Sllbcllapter to cause tIle place to be so equ1:P1Jed.
at all times~
Sec. 12.403. Designated smoldng areas~
(a) Designation-~ A d.esignated S11101<illg area luust l11eet all of tIle following criteria:
(1) the OWller or person in control of tIle place l1as desigllated. tIle area for
slTIo!<ing by filing a standard form with tIle healtll official;
(2) tIle area is not larger, proportionally, tllan tIle nlilllber ofperSOllS lloIlnally
requesting a smolcing area in tllat place;
(3) tIle area is separated from all otller building space by walls a11d otller barriers
tllat are impermeable to smol(e, except for d,oors l<ept closed wllell110t ill
actual use;
(4) the area l1as separate velltilation, so that virtually 11011e of tIle ai.r frolll tIle area
reacl1es any other building space;
(5) the area il1cllldes only tIle followillg buildillg spaces: (i) a private office or
other space not open to tile general Pllblic; or (ii) a portio11 of a restallrant, :not
to exceed 40% of tIle num.ber of seats.
(6) the area is conspicuously n1ar!ced as a "designated SlllOl<il1g area,"
(7) all exits from the area are plainly rnarlced to illdicate tIlat Sl1101<ing is
prohibited elsewhere in the same .bllilding;
(8) within tIle area, and at each exit frolll tIle area, tl1ere are COl1Spicl10U.s facilities
for extinguisl1ing tobacco 811d preventing smolderil1g; and
(9) there is posted in the area a Cllrrellt inspection certificate, as provided below.
(b) Inspection certificates. The healtll official sllall inspect areas wIliell are designated
under tllis section~ Ifthe.y: are found to be in cornpliallce witll tllis sectioll, t]le l1ealtll official
shall issue a certificate to 111at effect~ The l1ealth official may revol(e or suspelld. a certificate for
any area tllat appears to be out of compliance witIl tllis section.
Sec. 12.404a Miscellaneous.
(a) Fire Code~ Nothing in tllis subchapter shall be COllstrued. to repeal or eXCllse
compliance with smol(ing prollibitions imposed by Chapter 9 of tl1is Code or tIle fire code.
(b) Fine. An offense under tllis subcllapter is :punishabIe by a title not to exceed $200.
(c) Words and phrases . Words and plrrases used ill tllis Sllbcllapter sllall11ave tIle Silll1e
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meal1ings as in Section 48.01 of tIle Texas Pellal Code, t1111ess tile context otllerwise reqllires.
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