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HomeMy WebLinkAboutOrdinance No. 06-1645 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 06- J&Lf$ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 10, HEALTH AND SANITATION, BY REPEALING ARTICLE I, IN GENERAL, IN ITS ENTIRETY AND REPLACING WITH A NEW ARTICLE I, IN GENERAL, SECTIONS 10-1 THROUGH 10-19; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR NOISE; PROVIDING FOR OFFENSIVE ODORS; PROVIDING FOR TRASH AND DEBRIS; PROVIDING FOR GRAFFITI; PROVIDING FOR THE COLLECTION OF STAGNANT WATER; PROVIDING FOR WEEDS, GRASS AND BRUSH; PROVIDING FOR TREES IN P ARKW A YS AND EASEMENTS; PROVIDING FOR RIGHT OF ENTRY; PROVIDING FOR FAILURE TO COMPLY; PROVIDING FOR NOTICE OF VIOLATIONS, ABATEMENT BY CITY, AND COLLECTION COSTS; BY AMENDING ARTICLE II, ABANDONED, LOST OR JUNKED PROPERTY, BY AMENDING DIVISION 2, ABANDONED AND JUNKED MOTOR VEHICLES, BY PROVIDING THAT THE CITY MANAGER OR DESIGNEE HAS THE AUTHORITY TO ADMINISTER AND ENFORCE THE PROVISIONS RELATING TO THE ABATEMENT OF JUNKED MOTOR VEHICLES; BY REPEALING ARTICLE V AND ARTICLE VII IN ITS ENTIRETY AND RESERVING FOR FUTURE USE; PROVIDING FOR PENAL TIES OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article I of Chapter 10 currently provides for health and sanitation issues such as noise, offensive odors, trash and rubbish, littering, spitting in public places, collection of stagnant water, and enforcement of the same; and WHEREAS, upon review of the provisions currently contained in Chapter 10, Article I, recommendation has been made to the City Council to repeal all the provisions in Article I and replace the same with new updated provisions related to general health and safety issues; and WHEREAS, after discussion and consideration, the City Council finds that it is in the best interest of the public health, safety and welfare to repeal Article I in its entirety and replace with a new Article I, Sections 10-1 through 10-19, providing new general health and safety regulations; and WHEREAS, Section 10-32 of the Code of Ordinances of the City of The Colony currently provides that the police department has the authority to abate a junked motor vehicle that is considered under state law to be a public nuisance; and 64643 WHEREAS, the Code enforcement officers of the City do not have the authority to abate a junked motor vehicle that is considered to be a public nuisance; and WHEREAS, the City Council of the City of The Colony finds it in the best interest of the City to permit the City Manager to designate City employees to enforce the provisions of Division 2 of Article II of the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 10 of the Code of Ordinances of the city of The Colony be, and the same is, hereby amended to read as follows: "ARTICLE I. IN GENERAL Section 10-1. General- 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 indicated a different meaning: Brush shall mean scrub vegetation or dense undergrowth. City shall mean the City of The Colony. Graffiti shall mean an unauthorized inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on a surface. Junk shall mean worn-out and discarded material, including but not limited to old iron or other metal, glass, paper, discarded household appliances, discarded furniture, vehicle components and parts not in use, pallets, barrels, roofing material, or other waste or discarded material not currently in use. Parking lane shall mean the area extending from the back of the curb to eight feet into the street. Parkway shall mean the area lying between the street right-of-way line of any public street and/or alley, and the curb line of the street and/or alley; or if there is no curb line, the shoulder of the street and/or alley. Person shall include an individual, corporation, organization, agency, business trust, estate, partnership, association, and any other legal entity. Public Nuisance shall mean a condition which is dangerous to human life or health, or whatever renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health, or that is offensive to the senses or that is or threatens to become detrimental to the public health and safety, is hereby declared to be a nuisance 64643 Refuse shall mean garbage, rubbish, paper, and other decayable and nondecayable waste. Rubbish shall mean trash, debris, rubble, stone, useless fragments of building materials, or other miscellaneous useless waste or rejected matter. Tree (private property) shall mean a tree on private property when the majority of the trunk and roots are on private property. Tree (public property) shall mean a tree on public property when the majority of the trunk and roots are on public property. Tree removal shall mean to leave no portion of the tree above finished grade. Vermin shall mean small animal pests such as, but not limited to, mIce, rats, skunks, armadillos, possums, and raccoons. Weeds shall mean any vegetation that, because of its height, is objectionable, unsightly or unsanitary, excluding: shrubs, bushes, trees, ornamental grasses, cultivated flowers and cultivated crops. Sec. 10-2. General - Enforcement. It shall be unlawful for any person, firm or corporation to construct, create, cause, permit, suffer, maintain or allow a public nuisance as defined herein. The specific acts, conditions, and things prohibited in this article are, among others, each hereby declared to be nuisances and against the general welfare, and same are hereby made unlawful. Each day a violation continues shall constitute a separate offense. Section 10-3. Noise. (a) Any unreasonably loud, disturbing noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. (b) Any noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereby prohibited. (c) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Radios: The playing of any radio, television, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any type of residence. (2) Loudspeakers: The use of any loudspeaker or amplifier or musical instrument in such manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m., that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof; provided, however, that upon application by the user of such devices, the city council may make 64643 special exemption or exception to this clause for such time as the city council feels will serve the public welfare. (3) Animals: The keeping of any animal or bird, which by causing frequent or long- continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. (4) Compressed air: The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced. (5) Building: The erection, including excavation, demolition, alteration, or repair work on any building at any time other than those hours specified in the Engineering Design Manual, as amended; except in case of urgent necessity in the interest of public safety and convenience. (6) Engine-Exhaust Braking Prohibited: No person may use an engine exhaust braking system while operating a motor vehicle within the corporate limits of the city. For the purpose of this section, the term engine exhaust braking system means a engine exhaust braking system device which converts a diesel engine power into an air compressor and when engaged operates to slow the vehicle. Section 10-4. Offensive odors. (a) Any unreasonably noxious, unpleasant, or strong odor, which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof, is hereby declared to be a nuisance, and is prohibited. (b) Any odor, stench, or smell of such character, strength, and continued duration which interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance and is prohibited. (c) The following things are, among others, declared to be offensive odors and odor nuisances in violation of this article, but such enumerations shall not be deemed to be exclusive: (1) Animal Pens: Offensive odors from animal pens, runs, exercise areas, fenced areas, houses, structures, and other similar places where animals are kept or fed, which shall disturb the comfort and repose of persons of ordinary sensibilities. (2) Privies: Offensive odors from privies and other similar places. (3) Chemicals: Offensive odors from the use or possession of chemicals, or from industrial processes or activities which shall disturb the comfort and repose of persons of ordinary sensibilities. (4) Smoke: Offensive odors from smoke from the burning of rubbish, trash, rubber, chemical substances, or other things or substances. (5) Debris Odors: Offensive odors from stagnant pools allowed to remain on any premises, or from rotting garbage, trash, debris, feces, or dead animals, on any premises. Section 10-5. Trash and Debris. The following acts and things, among others, are hereby declared to be nuisances in violation of this article, but said enumerations shall not be deemed to be exclusive: 64643 (a) Accumulation of Trash and Debris: The keeping of any stacks, heaps, or piles including but not limited to, old lumber, fence panels, dirt, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, or demolished or partly demolished structures or buildings, or piles of stones, bricks or broken rock, on any premises, utility trailers, or in vehicles bordering any public street in the city, so as to produce an unsightly and ugly appearance, and which may harbor mosquitoes, vermin, or rodents, or create a fire hazard, or result in unsanitary conditions. (b) Burning of trash: The burning of any trash or rubbish, paper, grass, or weeds, on any private property, or in any street or public place in the city. (c) Illegal Dumping: The dumping, placing, or depositing of any trash, debris, garbage, oil, refuse, grass, weeds, scrap material, feces, dead animals, or junk, in or upon any private or public property in the city. (d) Littering: The throwing, placing, or depositing or cause to be thrown, placed or deposited any trash and debris in any street, alley, gutter, ditch, lot or other place, public or private, in the city. Section 10-6 Graffiti It shall be unlawful and declared to be a public nuisance for the owner of any private property to suffer or permit graffiti to remain on said property for a period of time exceeding fifteen days. Section 10-7 Collection of stagnant water. (a) It shall be unlawful and declared to be a public nuisance for any person that owns or is in control of property to have, keep, maintain, cause, suffer, allow, or permit any collection of stagnant water in which mosquitoes may breed or are likely to breed. (b) Any collections of water considered by subsection (a) shall be held to be stagnant water contained in areas, including but not limited to, ditches, swimming pools, ponds, excavations, holes, depressions, open cesspools, privy vaults, foundations, tanks, shallow wells, barrels, troughs, urns, cans, boxes, tubs, buckets, tires, tanks or similar water containers. Section 10-8 Weeds, grass and brush; height limitation (a) It shall be unlawful for any person owning, claiming, or having supervision or control of any real property, occupied or unoccupied, within the city to permit weeds, grass, brush, or any objectionable or unsightly matter to grow to a height greater than 12 inches. All vegetation, not regularly cultivated as a crop, and which exceeds 12 inches in height, shall be presumed to be objectionable and unsightly matter. (b) It shall be the duty of such person owning, claiming, or having supervision or control of any real property, occupied or unoccupied, within the city to keep the area adjacent to his property line including the front or side parkway between the property line or sidewalk and the rear or side parkway between the property line and the center line of alley pavement or traveled way or if there is no curb, then within ten feet outside such property line free and clear of the matter referred to above. (c) It shall be a defense to prosecution that such vegetation named in (1) above occurs on property consisting of five acres or more; is regularly cultivated crops provided such crops are 64643 not grown within 15 feet of any property line, within the right-of-way of any public street or easement nor do they obstruct the necessary view to and from adjacent right-of-way; and said crops are cultivated on property which has been granted an agricultural property tax exemption on the most recent tax roll as certified by the Denton County Appraisal District. Property consisting of five acres or more, with no agricultural property tax exemption, is required to mow within 150 feet of any adjacent property line which is under different ownership. Property consisting of five acres or less must be mowed in its entirety. (d) It shall be a defense to prosecution that such vegetation named in (1) above occurs on property designated as and/or required by ordinance to be maintained in its natural state. Section 10-9 Trees in Parkways and Easements - specific regulations. Trees shall be trimmed so as to avoid causing a hazard to public places. The allowable overhang shall not be less than seven feet above sidewalks, nine feet at top of street curb, 11 feet above the gutter line, and 14 feet above the street surface at the outside edge of the parking lane. The minimum overhang at street curbs shall be nine feet when 150 feet from an intersection and not obstructing traffic control signs. The minimum overhang at street curbs shall be ten feet when within 150 feet from an intersection and not obstructing traffic control signs. Section 10-10 Trees in Parkways and Easements -responsibility for maintenance. (a) It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city to keep and maintain the trees in the area contained in the parkway adjacent to the property line in the condition outlined in the regulations contained herein. (b) It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city to keep and maintain the trees in the area of municipal easements contained on the property in the condition outlined in the regulations contained herein. (c) It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city to keep and maintain the trees on the property in such a manner that the branches and roots do not interfere with pedestrian travel, vehicular line of sight and travel, or the provision of services. (d) If, in the course of general maintenance and repair of municipal infrastructure or the installation of capital improvements the removal or destruction of trees, shrubs and/or any other landscaping in the parkway is caused, the city has no responsibility to replace, repair or reconstruct trees, shrubs or any other landscaping in the parkway. (e) The city shall make every reasonable effort to preserve and protect trees within parkways during the course of the city's normal activities. (f) The city may cause the removal of trees on private property that are determined to be a hazard to the general safety, health and welfare of the public at the property owner's expense, as outlined in this article. (g) The city may cause the removal of trees in the parkway that are determined to be a hazard to the general safety, health and welfare of the public at the expense of the adjacent property owner's expense, as outlined in this article. 64643 (h) It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city to keep and maintain the trees, shrubs and other plants in such a manner that the branches shall not be located within five feet of a street light fixture, and that the branches shall not obstruct a city street light fixture for illuminating a city street, alley or sidewalk. (i) Any person in violation of subsection (h) of this section shall be notified by mail and given 45 days to correct violation. If the violation is not corrected in 45 days, the city may cut, trim, prune, spray or remove any tree(s), shrub(s), or other plant(s) which are in violation at the property owner's expense, as outlined in this article. (j) The city shall have authority at any time to cut, trim, prune, spray or remove any tree(s), shrub(s), or other plant(s) within the lines of streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety. Section 10-11 General- Right of Entry. Whenever it is necessary to make an inspection to enforce this article, or whenever the designated city official has probable cause to believe that there exists in any structure or upon any property a condition or violation which is unsafe, dangerous or hazardous or detrimental to the public interest, the designated city official may obtain an appropriate authorization to enter such structure or property or may obtain consent at all reasonable times to inspect such structure or property; if such structure or property is occupied, the designated city official shall first present proper credentials and request entry, and if such entry is refused, shall then have recourse to every remedy provided by law to secure entry. Section 10-12 General - Failure to comply. (a) Notice of violation. If the owner of property fails or refuses to comply with this article, the city shall give written notice to the property owner. The notice shall be delivered by regular mail to the owner or mailed to the owner's post office address. If delivery in person is not possible, or the owner's address is unknown, notice shall be given by: (l) Publication in the city's official newspaper at least once; (2) Posting the notice on or near the front door of each building on the property to which the violation relates; or (3) Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (b) Contents of notice. A notice of violation shall contain a statement: (I) Setting forth the requirements of this article; (2) That the owner has ten days from the date of this notice to correct the violation; (3) If the owner fails to correct the violation, the city will enter upon the property and abate the violation; and (4) If the owner fails to pay the costs for abatement, a lien shall be filed against the property to secure all costs and fees. 64643 (c) Subsequent weeds, grass and brush violations. If the property owner commits subsequent violations of this article, on or before the first anniversary of the date of the first notice, the city without further notice may correct the violations at the owner's expense and assess the expenses against the property. (d) Authority to issue citations. The Code Official(s) of the City or the City Manager's designee(s) hereby has the power and authority to issue a notice or citation to any person, firm or corporation in violation of this article. Section 10-13 Notice to owner of violations; abatement by city; collection of costs. (a) If any person allows noncompliance with this article to occur, the City or its designee may go upon such property and do or cause the work necessary to obtain compliance with the provisions of this article. (b) A statement of the costs incurred by the city shall be billed to the property owner. The costs shall include an administrative fee per approved master fee schedule. If the total amount billed is not remitted to the city within 30 days of the date of the mailing, the city shall turn the unpaid balance over to a collection agency. Upon turning the unpaid balance over to a collection agency, an additional 25 percent of the total amount due will be added in addition to the administrative fee. ( c) If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city. Section 10-14 Littering with handbills (a) For the purposes of this section, the following terms shall have the respective meanings ascribed to them: Handbill: Any printed or written matter, sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which advertises for sale any merchandise, product, commodity or thing or which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales or which directs attention to or advertises meetings, theatrical performance, exhibition or events of any kind, for which an admission fee is charged for the purpose of private gain or profit. This definition shall not include newspapers or periodicals as defined herein. Newspaper: Any newspaper of general circulation devoting not less than 25 percent of its total column lineage to the carrying of items of general interest, published not less frequently 64643 than once each week, entered as second-class postal matter with the United States postal service, and having been published regularly and continuously for not less than 12 months. Periodical: Any current magazine regularly published with not less than four issues per year, and sold to the public. Private premises: Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps or mail box belonging to such dwelling, house, building or other structure. Public place: Any street, sidewalk, boulevard, alley or any public way and any public park, square, space, ground and building within the city. (b) It shall be unlawful for any person to throw or deposit any handbill, newspaper or periodical in or upon any public place within the city, except in public receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any other public place or upon private property. No person shall hand out or distribute or sell any commercial handbill in any public place. It shall not be unlawful for any person to hand out or distribute any noncommercial handbill to any person willing to accept it. (c) No person shall throw, deposit or distribute any handbill, newspaper or periodical upon any private premises, if requested by any person thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereof, a sign giving notice indicating in any manner that the occupants of such premises do not desire any such handbill, newspaper or periodical left upon the premises. In the absence of such notice, no handbill shall be thrown, deposited or distributed on any private property within the city except in an authorized private receptacle for collection of such handbill and in such manner that such handbill will be prevented from being carried or deposited by the elements upon any public place in the city or upon any private property. Section 10-15 Spitting in public places It shall be unlawful for any person to spit upon any sidewalk or upon any stairway or floor of any public building or other public place in the city. Section 10-16 Penalty. Any person, firm, corporation or association violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city shall be subject to a fine not to exceed the sum of $2,000.00 for each offense, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a continuing and separate offense, subject to application of the full penalty contained herein. This section shall be in addition to and cumulative of the provisions for the abatement of the nuisance and the charging of the cost of the same against the owner of the premises by the city. 64643 Sec. 10-17 -10.19 Reserved for future use Article II. Abandoned, Lost or Junked Property DIVISION 2. ABANDONED AND JUNKED MOTOR VEHICLES Sec. 10-32. Junked vehicles. (3) Abatement of nuisance. A junked vehicle constituting a public nuisance as described by subsection (a)(l) of this section 10-32 may be abated and removed by the city manager or designee in accordance with the following: a. Notice of removal. 1. At least ten days prior to the abatement and removal of the junked vehicle, the city manager or designee shall provide notice of the public nuisance. The notice must be sent by certified mail with a five-day return requested to: Sec. 10-33. Authority of officers. Any person authorized by the city manager to administer the procedures authorized by this division may enter private property for the purposes specified herein to examine a public nuisance, obtain information as to the identity of the nuisance, and remove or cause the removal of the nuisance. The municipal court shall be authorized to issue orders necessary to enforce the procedures of this division. Sec. 10-34. Procedure for removal of nuisance. (a) Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the city, except that any authorized person may remove the nuisance. (b) The relocation of a junked vehicle that is a public nuisance to another location in the same municipality after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. (c) When a junked vehicle is declared a public nuisance by the authorized officials of the city and is ordered to be removed, it shall not be reconstructed or made operable after it has been 64643 removed. In the event of removal of a junked motor vehicle as provided herein, the tow company shall give notice to the Texas Department of Transportation no later than the fifth day after the date of removal. Sec. 10-35 -10-49. Reserved. Article III. Food and Food Establishments Article IV. Reserved for future use Article V. Reserved for future use Article VI. Smoking Article VII. Reserved for future use Article VIII. Public Swimming Pools " SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of The Colony, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 3rd day of April 2006. 64643 AT~EST~ (! ~~~~ ())~ Christie Wilson, City Secretary 64643