HomeMy WebLinkAboutOrdinance No. 2011-1909
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
REPEALING CHAPTER 6, SECTION 6-194, AND REPLACING IT WITH
A NEW CHAPTER 6, SECTION 6-194, ENTITLED "DUTY TO
MAINTAIN PROPERTY IN SANITARY CONDITION,"
BY REQUIRING THE MAINTENANCE OF REAL PROPERTY IN A
SAFE, SANITARY CONDITION, PROHIBITING TALL GRASS, WEEDS,
GARBAGE, RUBBISH, FILTH, CARRION, OR ANY OTHER
UNSIGHTLY, OBJECTIONABLE MATERIAL ON PROPERTY WITHIN
THE CITY, PROHIBITING THE OUTDOOR STORAGE OF PERSONAL
PROPERTY FOLLOWING AN EVICTION BY A PROPERTY OWNER;
PROHIBITING THE COLLECTION OF STAGNANT WATER,
PROHIBITING THE BURNING OF TRASH AND DEBRIS,
PROHIBITING LITTERING, PROHIBITING ILLEGAL DUMPING,
PROVIDING DEFENSES FOR TALL GRASS AND WEEDS; AMENDING
THE CODE OF ORDINANCES, BY AMENDING CHAPTER 6, SECTION
201(B), ENTITLED "CONTENTS OF NOTICE," BY PROVIDING A
SEVEN-DAY CURE PERIOD FOR PERSONAL PROPERTY PLACED
OUTSIDE PURSUANT TO PROPERTY OWNER EVICTIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, has determined that it is
in the best interest of the City to repeal in its entirety Chapter 6, Section 6-194, and replace it
with a new Chapter 6, Section 6-194, and amend Chapter 6, Section 6-201(b) to provide a seven
(7) day cure period for personal property placed outside pursuant to a property owner eviction,
and to regulate the maintenance of real property in a sanitary condition, within the City of The
Colony, Texas, in accordance with State law; and
WHEREAS, the City Council of the City of The Colony, Texas, has determined that the
following regulation is necessary in order to protect public health, safety, and welfare of the
citizens of the City of The Colony, Texas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if frilly set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing Chapter 6, Section 6-194, in its entirety and replacing it
with a new Chapter 6, Section 6-194, entitled "Duty to maintain property in sanitary condition,"
which shall read as follows:
"Sec. 6-194. Duty to maintain property in sanitary condition.
(a) Maintain property in safe condition. It is unlawful and declared a nuisance for any person
owning, claiming, occupying or having supervision or control of any real property,
occupied or unoccupied, within the corporate limits of the City, to permit or allow any
stagnant or unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk,
garbage, impure or unwholesome matter of any kind or other objectionable or unsightly
matter of whatever kind to remain upon any such real property or within any public
easement on or across such real property or upon any adjacent public street or alley right-
of-way between the property line of such real property and where the paved surface of
the street or alley begins.
(b) Tall grass, and weeds. A person may not allow tall grass and weeds to grow to a height
greater than twelve inches (12") on the person's property or in the area from the person's
property line to the adjacent curbline.
(1) Defense to prosecution. It shall be a defense to prosecution that such vegetation
named above occurs on property consisting of five (5) acres or more; is regularly
cultivated crops provided such crops are not grown within fifteen feet (15') 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 (5) 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 (5)
acres or less must be mowed in its entirety. It shall also be a defense to
prosecution that such vegetation named above occurs on property designated as
and/or required by ordinance to be maintained in its natural state.
(c) Stagnant water. 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. Any collections of water considered above 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.
(d) Accumulation of Trash and Debris. The existence on any premises or within any
utility trailer or vehicle bordering any public street or alley the keeping of stacks,
heaps, or piles of refuse, scrap material, or other items, including but not limited to
garbage, old lumber and fence panels, dirt, machinery or parts thereof, demolished or
partly demolished structures, stones, bricks, broken rock, and roofing material, or the
placement on any premises within view of a public right-of-way or public place any
appliance or junked vehicle, which conditions may produce an unsightly appearance,
harbor mosquitoes and vermin, create unsanitary conditions, pose a fire hazard, or create
an attractive nuisance.
(e) Burning of trash. A person may not burn any trash or rubbish, paper, grass, or weeds, on
any private property, or in any street or public place within the city.
( Littering. A person commits an offense if the person deposits or throws litter on a street,
alley, sidewalk, premises, vacant lot, or public property, including a park or playground.
In addition, a person commits an offense if the person deposits or throws litter along a
street, alley, sidewalk, or public property, including a park or playground.
(g) Illegal dumping. A person commits an offense by 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 within the city.
(h) Evictions by Property Owners. Following an eviction by a property owner pursuant to
state law, a property owner shall not permit or allow an evicted tenant's personal property
that has been removed from inside the property owner's rental unit and placed outside the
rental unit at a nearby location to remain outside for more than seven (7) days following
the removal of the tenant's personal property. However, in no event shall a property
owner permit or allow an evicted tenant's personal property to remain outside for any
period of time while it is raining, sleeting or snowing.
(i) Penalty provision. A person who violates this section commits a Class C misdemeanor
punishable by a fine of up to $2,000 pursuant to Section 1-5 of the Code of Ordinances."
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing Chapter 6, Section 6-201(b) in its entirety, and replacing it
with a new Chapter 6, Section 6-201(b), which shall read as follows:
"(b) Contents of notice. A notice of violation shall contain a statement:
(1) Setting forth the requirements of this article;
(2) That the owner has ten (10) days from the date of this notice to correct the
violation, except that for a property owner eviction, the owner has seven (7) days
from the date of this notice to correct a violation concerning the outside storage of
an evicted tenant's personal property.
(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."
SECTION 4. 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 frill force and effect.
SECTION 5. 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 6. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal
court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall
constitute a separate offense.
SECTION 7. 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, ON THIS THE 21st day of June, 2011.
J6e Mc ou y, Mayor
ATTEST-?
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ChristreWilson, City Secretary, ,
PROVED AS TO FORM:
Jeff Moo e, City Attorney