12-17-2013 Agenda with backup MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
December 17, 2013, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
AMENDED AGENDA
TUESDAY, DECEMBER 17, 2013 AT 6:00 P.M.
Call to Order – Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Deacon Jesse, Mata Our Lady of Perpetual Help Catholic Church)
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
12-17-2013 Council Agenda
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Special Meeting of December 6, 2013, and the Regular Meeting of December 10,
2013. (J. Kessel/B. Dennis)
2. Ordinance No. 13-D-59 – Consideration and/or action approving an Ordinance
providing that the City Code of Ordinances of the City of Schertz, Texas be amended
by revising Section 86-118, Maximum Limits in School Zones for a certain street,
removing the School Zone for a Certain Street, and Reducing the area for the School
Zone on a certain street and providing an effective date. Final Reading (J.
Bierschwale/J. Hooks/D. Letbetter)
3. City of Schertz 2014 Master Calendar – Consideration and/or action regarding the
approval of the City of Schertz 2014 Master Calendar (D. Harris/D. Harris)
4. Cancellation of the December 24, 2013 and December 31, 2013 City Council
Meetings – Consideration and/or action cancelling the December 24, 2013 and
December 31, 2013 City Council Meetings due to the upcoming holidays. (J.
Kessel/Council)
Discussion and Action Items
5. Ordinance No. 13-H-51 - Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas amending the Code of Ordinances, City of
Schertz Texas, Chapter 54 Nuisances; providing a penalty clause; providing a
severability clause; repealing all Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing an effective date. First Reading (J. Bierschwale/B. Todd/K)
6. Ordinance No. 13-M-52 – Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas amending the Code of Ordinances, City of
Schertz, Texas, Chapter 50, Miscellaneous Offenses and provisions by (1) repealing
Article II, Insanitary, Unsightly, Etc., Conditions on private premises, (2) repealing
Sections 50-107, 50-108, 50-109, and 50-110 of Article III, Abandoned, Junked
Property and Property found in violation of Ordinance, Division 2, Motor Vehicles, and
(3) amending Sections 50-105 and 50-111 of Article III, Abandoned, Junked Property
and Property found in violation of Ordinance, Division 2, Motor Vehicles; providing a
severability clause; repealing all Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing an effective date. First Reading (J. Bierschwale/B. Todd/K.
Tapley)
7. Ordinance No. 13-D-53 – Consideration and/or action approving an Ordinance
amending the Code of Ordinances, City of Schertz, Texas, by adding section 86-18, No
Obstructions in street, to Chapter 86, Traffic and Motor Vehicles, Article I, in General;
providing a penalty clause; repealing all Ordinances or parts of Ordinances in conflict
12-17-2013 City Council Agenda Page - 2 -
with this Ordinance; and providing an effective date. First Reading (J. Bierschwale/M.
Hansen/K. Tapley)
Roll Call Vote Confirmation
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
11. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on
legal matters;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters,
policies, duties, employment, and evaluation of certain public officials and employees;
Reconvene into Regular Session
12. Take any action deemed necessary as a result of the Executive Session.
Adjournment
12-17-2013 City Council Agenda Page - 3 -
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 13th DAY OF DECEMBER 2013 AT
1:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER
551, TEXAS GOVERNMENT CODE.
Brenda Dennis
Brenda Dennis CPM, TRMC, MMC, City Secretary
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or
have a request for sign interpretative services or other services please call 210
619-1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Councilmember Scagliola – Place 2
Animal Control Advisory Committee
Cibolo Valley Local Government Corporation
Schertz Seguin Local Government Corporation
Interview Committee for Boards and Commissions
Sweetheart Advisory Committee
Councilmember John - Place 3
Councilmember Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Councilmember – Duke – Place 5
12-17-2013 City Council Agenda Page - 4 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: December 17, 2013
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a special meeting on December 6, 2013 and a regular meeting on
December 10, 2013
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the special meeting on December 6, 2013 and
the regular meeting on December 10, 2013
ATTACHMENT
Minutes – special meeting December 6, 2013 and regular meeting December 10, 2013
12-10-2013 Minutes Page - 1 -
MINUTES
REGULAR MEETING
December 10, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
10, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael Carpenter Mayor Pro-Tem Jim Fowler
Councilmember David Scagliola Councilmember Daryl John
Councilmember Cedric Edwards Councilmember Matthew Duke
Staff Present: City Manager John Kessel
Executive Director David Harris Executive Director John Bierschwale
Executive Director Brian James Chief of Staff Bob Cantu
City Attorney Katherine Tapley City Secretary Brenda Dennis
Deputy City Secretary Donna Schmoekel
Call to Order
Mayor Carpenter called the Regular Meeting to order at 6:01 p.m.
Invocation and Pledges of Allegiance to The Flags of The United States and The State of
Texas
Mayor Pro-Tem Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
Presentations
• Resolution Commendation Presentation to Mr. Earl Hartzog (Mayor Carpenter)
Mayor Carpenter recognized and presented Mr. Earl Hartzog a Resolution Commendation
expressing his appreciation for the time he volunteered in serving as a neutral appointee for
the City while participating in the recent District Court-Ordered Comal County Election
Recount.
• Presentation/discussion and update regarding fundraising activities for the Hal Baldwin
Scholarship and the Hal Baldwin Memorial Plaza (D. Harris/M. Spence)
Mayor Carpenter recognized Executive Director of Support David Harris who gave an update
on the Hal Baldwin complex regarding replacement of the signage, landscaping, and flag
installation. The fundraising goal was initially set at $9,000; $16,685 has been raised.
Mayor Carpenter recognized Events Coordinator Mary Spence who gave an update on the
recent November Golf Tournament fundraiser for the Hal Baldwin Scholarship Fund. A total
of $10,880 was raised, bringing the current fund balance to $49,025. The next annual
fundraiser will be held November 7, 2014. Ms. Spence also commended the Hal Baldwin
family members for their assistance with the fundraising and she acknowledged Former City
12-10-2013 Minutes Page - 2 -
Manager Don Taylor, Susan Baldwin Beck and husband Brian who were in the audience
tonight.
Mayor Carpenter suggested we think about how we could set this up as an interest bearing
endowment so that we could eventually achieve a principal level of $65,000 or $75,000 and
then deliver scholarships only from the interest earned rather than the principal.
• Presentation/discussion and update regarding signs (B. James/M. Sanchez)
Mayor Carpenter recognized Director of Development Services Michelle Sanchez who
provided Council with background information regarding the current regulations and
procedures involved when a resident or business owner needs to secure a temporary sign.
She also stated they are working with the Schertz Chamber, Planning and Zoning
Commission, and the business community towards adopting revised regulations that will be
supported by all. They are currently finalizing a draft of the Unified Development Code
Article 11 for approval by the Planning and Zoning Committee to be presented to Council
next year for adoption. Ms. Sanchez also addressed Councilmember Scagliola question as to
whether we could do anything to promote more online applications for permits as a
convenience to our contractors and residents. Ms. Sanchez stated that her staff is already
working with the City’s Information Technology (IT) Department and outside vendor
providers INCODE and Laser Fiche towards enhancing our websites current capabilities.
Mayor Carpenter recognized Councilmember Duke who thanked Ms. Sanchez for including
their updated Vision and Mission statement and inquired if they were setting goals and
tracking their permit process. She explained they were currently doing so.
Mayor Carpenter recognized City Manager John Kessel who stated one of the things we have
been discussing is the work of leaders regarding vision, alignment and execution. He
congratulated Ms. Sanchez for her work toward what leadership means and engaging her
staff in the ‘forward thinking’ concept of including their ideas in future department changes.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Support David Harris who provided the
following announcements and upcoming events:
- Thursday, December 12, 2013 – Northeast Partnership Meeting – 11:30 a.m. –
Olympia Hills Golf and Conference Center
- Friday, December 13, 2013 – City Council Special Meeting – 1:30 p.m. to
4:00 p.m. – Schertz Civic Center
- Thursday, December 19, 2013 – Employee Holiday Lunch – 11:00 a.m. to
1:00 p.m. – Civic Center Ballroom
• Announcements and recognitions by City Manager (J. Kessel)
12-10-2013 Minutes Page - 3 -
Mayor Carpenter recognized City Manager John Kessel who recognized Police Corporal
Albert Arriaga who last Tuesday was the first responder to an emergency call for a heart
attack victim. Corporal Arriaga was on a traffic call when he heard the emergency dispatcher
stating the fact that both the Schertz EMS and Fire units were out on other calls and the
backup crew of the City of Converse was being called to the scene. Corporal Arriaga called
in to dispatch that he was ‘in route’ and quickly left his location arriving simultaneously with
EMS Director Dudley Wait. Together they applied emergency CPR and were able to bring
the victim back to a responsive state just as an EMS crew arrived to take over. Mr. Kessel
thanked him for covering for the team and said he serves as a great model for our City Core
Values of doing the right thing and doing the best you can. Mayor Carpenter then pointed
out to everyone that our City Core Values are now printed on the agenda:
o Do the right thing
o Do the best you can
o Treat others the way you would want to be treated
o Work together cooperatively as a team
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Mayor Carpenter recognized the following who spoke:
• Ms. Diana Taylor, 5505 Columbia Drive, who thanked Mayor, Council and Staff for the help
with the problems they had been having in the Fairhaven Subdivision. She specifically
thanked City Secretary Brenda Dennis, Director of Development Services Michelle Sanchez
and Assistant Inspector Carl Quast.
• Mr. Reed Carr, 3509 Columbia, who spoke on the need for an overpass leading out of the
Northcliffe Subdivision on Country Club Boulevard and crossing over I-35. The
neighborhood is working on a petition to show support for this request. He requested
Council consider a resolution of support to go to TxDOT in this matter. He added that he
was going to approach Comal County Commissioners Court.
Mayor Carpenter stated that Mr. Carr can also solicit the assistance from the Northeast
Partnership, and Guadalupe Mayors Association. Councilmember Edwards also suggested
Guadalupe County Commissioners Court as most of the residents live in this County.
12-10-2013 Minutes Page - 4 -
Consent Agenda Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of December 3, 2013. (J. Kessel/B. Dennis)
2. Ordinance No. 13-S-58 – Consideration and/or action approving an Ordinance amending the
Code of Ordinances, Unified Development Code (UDC) Section 21.4.9 Designation of
Landmark Properties, Heritage Neighborhoods providing a Reversionary Clause; providing a
Repealing Clause; providing a Severability Clause; providing a Penalty Clause; and
providing an effective date. Final Reading (B. James/B. James)
The following was read into record:
ORDINANCE NO. 13-S-58
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE
(UDC) SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES,
HERITAGE NEIGHBORHOODS PROVIDING A REVERSIONARY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
3. Resolution No. 13-R-106 – Consideration and/or action approving a Resolution authorizing
changes in the Employee Nepotism Policy as contained in the City of Schertz Employee
Policy Handbook. (J. Kessel/J. Smith)
The following was read into record:
RESOLUTION NO. 13-R-106
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CHANGES IN THE EMPLOYEE NEPOTISM POLICY AS
CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK.
4. Resolution No. 13-R-107 – Consideration and/or action approving a Resolution authorizing
an Interlocal Agreement between the City of Schertz, Texas and the Cibolo Creek Municipal
Authority regarding Advancement of Funds by the City to the Cibolo Creek Municipal
Authority for the Relocation of a 16-Inch Reclaimed Waterline, and other matters in
connection therewith. (J. Bierschwale/S. Willoughby)
The following was read into record:
RESOLUTION NO. 13-R-107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY
REGARDING ADVANCEMENT OF FUNDS BY THE CITY TO THE CIBOLO
12-10-2013 Minutes Page - 5 -
CREEK MUNICIPAL AUTHORITY FOR THE RELOCATION OF A 16-INCH
RECLAIMED WATERLINE, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro-
Tem Fowler, to approve consent agenda items 1, 2, 3, and 4. The vote was unanimous with
Mayor Pro-Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes
and no one voting no. Motion Carried.
Discussion and Action Items
5. Appointments/Reappointments and Resignations to City Boards, Commissions,
Committees – Consideration and/or action regarding appointments/reappointments and
resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis)
• Appointment of Sydney Verinder – Regular Board Member, Schertz Economic
Development Corporation
Mayor Carpenter stated that as a result of the election of November 5, 2013, Mr. Matthew
Duke was elected as City Councilmember, leaving a vacancy on the Schertz Economic
Development Corporation. Former Councilmember Sydney Verinder has indicated his
interest in serving on this board and asked that Council appoint him.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councilmember Scagliola, to appoint Sydney Verinder to the Schertz Economic
Development Corporation immediately. The vote was unanimous with Mayor Pro-Tem
Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one
voting no. Motion Carried.
6. Resolution No. 13-R-105 – Consideration and/or action approving a Resolution re-
canvassing the results of the November 5, 2013 General Election results because of changes
in the Comal County, Texas vote totals resulting from the November 21, 2013 Court-Ordered
Recount of the Comal County, Texas Votes. (Mayor Carpenter/K. Tapley/B. Dennis)
The following was read into record:
RESOLUTION NO. 13-R-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
RE-CANVASSING THE RESULTS OF THE NOVEMBER 5, 2013 GENERAL
ELECTION RESULTS BECAUSE OF CHANGES IN THE COMAL COUNTY,
TEXAS VOTE TOTALS RESULTING FROM THE NOVEMBER 21, 2013 COURT-
ORDERED RECOUNT OF THE COMAL COUNTY, TEXAS VOTES
Mayor Carpenter recognized City Secretary Brenda Dennis who personally recognized and
thanked Mayor Carpenter and City Manager John Kessel for their assistance in leading the
charge during this unique situation. She stated they were true leaders leading the team who
made sure that the citizens voting privileges were protected. She also thanked many others
who held down the offices while the team was out finding answers.
12-10-2013 Minutes Page - 6 -
She stated the Comal County recount was conducted on Thursday, November 21, 2013. As a
result of the Recount, the vote results from the Comal County Portion of the City Election
changed. Although the Recount results change the total number of votes cast in the City
Election results, the Recount results did not change the winners of the City Election. Staff
recommends approval of Resolution No. 13-R-105 re-canvassing the results of the November
5, 2013 General election.
Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by
Councilmember Edwards, to approve Resolution No. 13-R-105. The vote was unanimous
with Mayor Pro-Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting
yes and no one voting no. Motion Carried.
Mayor Carpenter also mentioned and thanked Texas Secretary of State John Steen and
members of the Election Division for meeting with him and members of the Schertz Team
regarding the Comal County voting results issue.
7. Resolution No. 13-R-102 – Consideration and/or action approving a Resolution casting
votes to elect Directors for the Guadalupe County Appraisal District for the 2014-2015 Term.
(D. Harris/Mayor & Council)
The following was read into record:
RESOLUTION NO. 13-R-102
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY
APPRAISAL DISTRICT FOR THE 2014-2015 TERM.
Mayor Carpenter recognized Executive Director of Support David Harris who introduced this
item stating that each taxing unit is entitled to vote on members to the Guadalupe Appraisal
District Board of Directors. The City of Schertz has 339 votes to cast. Mr. Harris stated that
Schertz-Cibolo-Universal City ISD has cast 1,000 votes for Mr. Wilson, a trustee at the
District, and 472 votes for Dr. Gilcrease. He stated that Guadalupe County has cast all of its
957 votes for Tax Assessor-Collector Tavie Murphy. A total of 5,000 votes are allocated
amongst the 21 jurisdictions. Mr. Harris stated that one possible option is for Council to cast
their 339 votes toward the above candidates as follows: 68 votes each for Dunn, Gilcrease,
Hogue, and Murphy and 67 votes for Wilson.
Mayor and Council provided their comments and suggestions as how to divide the votes
expressing their opinions on whom to cast their votes. Councilmember Scagliola stated that
he believes that the Council would need to at least cast one vote for each candidate in case
further down the road there might be a recall.
Mayor Carpenter recognized Councilmember Scagliola who asked what would happen to the
votes should there be a recall. City Attorney Katherine Tapley stated that she was unsure at
this time but could look it up and get back to him.
12-10-2013 Minutes Page - 7 -
Mayor Carpenter recognized Councilmember Edwards, who moved to cast their votes for the
following:
• 113 - Mr. Darren Dunn
• 113 - Mr. Jay Hogue
• 113 - Mr. Mark Wilson
Mayor Carpenter requested Councilmember Edwards amend his motion to include at least
one vote for the other candidates t should there be a potential recall.
Council further discussed how to distribute the votes and then Councilmember Edwards
withdrew his motion.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councilmember Duke, to approve Resolution No. 13-R-102, casting the following votes:
• 112 - Mr. Darren Dunn
• 1 - Dr. Greg Gilcrease
• 112 - Mr. Jay Hogue
• 1 - Mrs. Tavie Murphy
• 1 - Mr. Louis R. Ramirez, Sr.
• 112 - Mr. Mark Wilson
The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, John,
Edwards and Duke voting yes and no one voting no. Motion Carried.
8. Resolution No. 13-R-103 – Consideration and/or action approving a Resolution casting
votes to elect Directors for the Bexar County Appraisal District for the 2014-2015 Term. (D.
Harris/Mayor & Council)
The following was read into record:
RESOLUTION NO. 13-R-103
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY
APPRAISAL DISTRICT FOR THE 2014-2015 TERM.
Mayor Carpenter recognized Executive Director of Support David Harris who introduced this
item stating that each taxing unit is entitled to vote on members to the Bexar Appraisal
District Board of Directors. The City of Schertz has one (1) vote to cast for the following
candidates:
• Jack E. Burton, Jr
• Cheri Byrom
• Keith Hughey
• Denver McClendon
• Jose Macias
12-10-2013 Minutes Page - 8 -
• Juan Mancha
• Jim Martin
• Sergio “Chico” Rodriguez
• Leo Salas
• Rick A. Schroder
• Roberto C. Trevino
Mayor and Council provided their comments as to how to divide the votes expressing their
opinions on whom to cast their votes.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro-
Tem Fowler, to approve Resolution No. 13-R-103, casting the City of Schertz one (1) vote
for Mr. Denver McClendon. The vote was unanimous with Mayor Pro-Tem Fowler,
Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no.
Motion Carried.
9. Resolution No. 13-R-104 – Consideration and/or action approving a Resolution casting
votes to elect Directors for the Comal County Appraisal District for the 2014-2015 Term. (D.
Harris/Mayor/Council)
The following was read into record:
RESOLUTION NO. 13-R-104
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL COUNTY
APPRAISAL DISTRICT FOR THE 2014-2015 TERM
Mayor Carpenter recognized Executive Director of Support David Harris who introduced this
item stating that each taxing unit is entitled to vote on members to the Comal Appraisal
District Board of Directors. The City of Schertz has 49 votes to cast for the following
candidates:
• Gary Boldt
• Robert Doyle
• Craig Hall
• Dan Krueger
• Randy Maschek
The Comal ISD has allocated its 2,747 votes as follows: 550 votes each to Krueger, Boldt,
Hall, and Maschek and 547 votes for Doyle. Staff recommends Council review the
candidates and cast their 49 votes toward the above candidates. One possible combination is
to allocate the votes as follows: 10 votes each for Boldt, Doyle, Hall, and Krueger, and 9
votes for Maschek.
Mayor and Council provided their comments as to how to divide the votes expressing their
opinions on whom to cast their votes for.
12-10-2013 Minutes Page - 9 -
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro-
Tem Fowler, to approve Resolution No. 13-R-104, casting the following votes:
• 10 - Mr. Gary Boldt
• 10 - Mr. Robert Doyle
• 10 - Mr. Craig Hall
• 10 - Mr. Dan Kruegar
• 9 - Mr. Randy Maschek
The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, John,
Edwards and Duke voting yes and no one voting no. Motion Carried.
10. Ordinance No. 13-D-59 – Consideration and/or action approving an Ordinance providing that
the City Code of Ordinances of the City of Schertz, Texas be amended by revising Section 86-
118, Maximum Limits in School Zones for a certain street, removing the School Zone for a
Certain Street, and Reducing the area for the School Zone on a certain street and providing an
effective date. First Reading (J. Bierschwale/D. Letbetter)
The following was read into record:
ORDINANCE NO. 13-D-59
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-118, MAXIMUM
LIMITS IN SCHOOL ZONES FOR A CERTAIN STREET, REMOVING THE
SCHOOL ZONE FOR A CERTAIN STREET, AND REDUCING THE AREA FOR
THE SCHOOL ZONE ON A CERTAIN STREET AND PROVIDING AN EFFECTIVE
DATE
Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who introduced
this item stating in discussions with SCUCISD, it was recommended that the school zone on
Schertz Parkway be eliminated from the Code of Ordinances, the hours of the school zone on
Elbel Road be extended to run from 7:30 a.m. to 4:30 p.m. and the school zone area on Elbel
Road be reduced to start at Schertz Parkway and Elbel Road and run to 1,230 feet west of
FM 3009.
He stated in addition, the crosswalk on Elbel Road and Westchester will be improved with
flashing lights and signs to help protect students. As outlined in Section 86-50 of the Code of
Ordinances – Driving into or through school crossing zones, it is unlawful for any person to
drive or operate any vehicle into or through any school crossing zone at a time when there is a
child or children crossing or standing therein, provided that such school crossing zone has
been indicated by signs not less than 100 feet from the zone and further provided that such
zones have been established across paved streets indicated by lines of white or yellow paint
marking its boundaries, which zones shall not be greater in width than 20 feet. The
Transportation Safety Advisory Commission unanimously approved this change at the
November 7, 2013 meeting. Recommend approval on first reading to allow for the removal of
the school zone on Schertz Parkway, extend the hours for the school zone on Elbel Road and
12-10-2013 Minutes Page - 10 -
reduce the area of the school zone on Elbel Road to 1,230-feet west of FM 3009 and allow for
enforcement of the new school zone area speed limits.
Mayor Carpenter recognized Councilmember Edwards who stated that he agrees with
everything except the portion on Buffalo Drive. He stated it is a nightmare and trying to get
in and out of that area at 7:00 a.m. Mr. Hooks indicated where the crosswalk will be
located, and stated that there would be a lighted crosswalk in that area. Again
Councilmember Edwards wants the speed limit to stay at 20 miles per hour in the area of
Buffalo Drive. Executive Director of Operations John Bierschwale was recognized by
Mayor Carpenter who indicated that this is a control problem of turning not a speed issue.
He suggested instead of putting in a crosswalk they could put in flashing lights. Mr.
Bierschwale stated the problem is the all day school zone on Schertz Parkway as it relates to
emergency response vehicles avoiding the school zone and going through neighborhood
streets to avoid it. He stated that they could do a 50 foot on both sides to get the citizens
attention or do some type of flashing system to alert them.
Councilmember Edwards suggested staff speak to Dr. Gibson with the school district and
make a right turn only in this area due to the congestion. Councilmember Duke concurred to
collaborate with the school district on this problem.
Again Mr. Bierschwale stated it is not a school speed zone issue it is a congestion issue. Mr.
Bierschwale stated that he could have staff come back with some designs to solve the issue of
congestion of Buffalo Drive.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13-D-59 first reading, and come back at
some time to revisit the point of Buffalo Drive. The vote was unanimous with Mayor Pro-
Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one
voting no. Motion Carried.
Mayor Carpenter recognized City Attorney Katherine Tapley who stated that as asked earlier as to
what would happen to their vote if there was a recall on one of the County Appraisal District Boards.
She stated that you get the same number of votes if someone is doing a vote on a recall as you cast for
that member. So if you cast 1 vote then you would get 1 vote on the recall ballot, you get 1 vote to
elect the replacement; however if you get to vote you have the opportunity of appointing someone
potentially to be voting on.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of
items 1 through 10.
Requests and Announcements
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
12-10-2013 Minutes Page - 11 -
No further announcements provided.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Mayor Pro-Tem Fowler who requested an item be placed on a
future agenda to discuss the YMCA and Senior Center Contracts. He would like to get this
on the agenda to let the citizens know the status. Mayor Carpenter stated he would have the
Executive Session items posted next week where the contract negotiations would have to be
addressed in that forum.
Mayor Carpenter recognized Councilmember Duke who requested a presentation regarding
different methods the City’s departments and Council uses to interact with residents and
businesses.
Mayor Carpenter requested that an item be placed on the first meeting in January supporting
the overpass at IH-35 and Country Club Blvd.
Mayor Carpenter also requested a discussion item be placed on a future agenda sometime in
January to expand the role of the Transportation Safety Advisory Commission to include
public transportation planning moving into the future. There is an immediate need regarding
the citizens in Merritt Lakeside Village wanting to safely get to Wal-Mart and HEB in an
economically feasible manner.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Edwards who asked Executive Director of
Development Brian James if we had anything on our thoroughfare plan regarding the
Country Club area and eventually adding an overpass. Mr. James stated that as part of next
weeks Road Bond Projects update agenda item, the Engineering Department will do a
thoroughfare plan update along with other items that need addressing.
14. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following:
• Friday, December 3, 2013 – Festival of Angels Parade – Mayor Pro-Tem Fowler
requested staff provide warmer clothing for the Sweethearts.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following:
12-10-2013 Minutes Page - 12 -
• Friday, December 3, 2013 – Festival of Angels Parade
• Saturday, December 4, 3013 – First Annual Gumbo cook off in Cibolo
Mayor Carpenter recognized Councilmember Edwards who stated he attended the following:
• Friday, December 3, 2013 – Festival of Angels Parade
Councilmember Edwards mentioned the article in the paper regarding the City of San
Antonio Pension Plan. San Antonio is in a big pinch right now. Councilmember Edwards
stated it would be great to place our information on our website making it available to the
public and also stated that our City is in good shape and funded differently. City Manager
John Kessel stated that Finance Director Juan Santoya is working on the Audit for this year
which will have full reporting and will make it available to the general public.
Mayor Carpenter recognized Councilmember Duke who stated he attended the following:
• Friday, December 3, 2013 – Festival of Angels Parade
Mayor Carpenter stated that the Festival of Angels was great and he enjoyed being the
Grinch for the parade on Friday. He also stated the planning session on Friday with Staff
Department Heads was very productive. We as Residents, Council, and Staff have an
opportunity today building on our predecessors accomplishments to be anything we want the
community to be. We are at that critical point of approaching 35,000 to 50,000 residents that
we can start to see what that build out might look like.
Executive Session
Council did not meet.
15. Take any action deemed necessary as a result of the Executive Session.
No action taken, as Council did not meet.
Adjournment
As there was no further business, the meeting was adjourned at 7:52 p.m.
__________________________________
Mayor, Michael R. Carpenter
ATTEST:
__________________________________
City Secretary, Brenda Dennis
MINUTES
REGULAR MEETING
December 6, 2013
A Special Council Training Meeting was held by the Schertz City Council of the City of Schertz,
Texas, on December 6, 2013, at 8:00 a.m., at the Fairfield Inn & Suites, 5508 Corridor Loop, Schertz,
Texas 78154. The following members present to-wit:
Mayor Michael R. Carpenter Mayor Pro-Tem Jim Fowler
Councilmember David Scagliola Councilmember Daryl John
Councilmember Matthew Duke
Councilmember Cedric Edwards absent
Staff Present:
City Manager John C. Kessel
Chief of Staff Bob Cantu
Executive Assistant Sarah Gonzalez
Guests Present:
Attorney Charles Zech
Robert Brockman
David Richmond
Roy and Mary Anne Davis
CALL TO ORDER:
Mayor Carpenter called the Special Meeting to order at 8:38 a.m.
1. Discussion and appropriate action on a strategic planning and team building session. (J.
Kessel/J. Smith)
Councilmember Matthew left the meeting at 9:00 a.m. and arrived back at 10:00 a.m.
Councilmember Daryl John arrived at 9:08 a.m.
• Team building discussion led by Davis Success Solutions (Facilitators & Participants)
Roy and Mary Anne Davis of Davis Success Solutions made an introduction to Council of the
process and program of the teambuilding exercise today to cover what leadership means:
- Vision
- Alignment
- Execution
The following Department Heads arrived at 2:00 p.m.:
12-06-2013Minutes
12-06-2013Minutes
Executive Director John Bierschwale Executive Director David Harris
Executive Director Brian James EDC Director David Gwin
City Secretary Brenda Dennis Development Services Director Michelle Sanchez
EMS Director Dudley Wait City Engineer Kathy Woodlee
Assistant Fire Chief Glen Outlaw Coordinator Tony McFalls
HR Director Josh Smith IT Manager Myles Clauser
Library Director Gail Douglas Library Assistant Director Melissa Uhlhorn
City Marshal Beverly Todd Court Director Patti Veliz
Police Chief Michael Hansen Public Works Director Sam Willoughby
Finance Director Juan Santoya
Director of Parks Recreation & Community Services George Logan
Adjournment
As there was no further business, the special meeting was adjourned at 4:05 p.m.
___________________________________
Mayor Michael R. Carpenter
ATTEST:
__________________________________________
Brenda Dennis TRMC, MMC, CPM, City Secretary
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: December 17, 2013
Department: Public Works / Engineering
Subject: Ordinance No. 13-D-59- Providing
that the Code of Ordinances for the
City of Schertz be amended by
revising section 86-118 Maximum
Limits in School Zones removing the
school zone for a certain street and
reducing the area for the school zone
on a certain street and providing an
effective date Final Reading
BACKGROUND
In discussions with SCUCISD, it was recommended that the school zone on Schertz Parkway be
eliminated from the Code of Ordinances, the hours of the school zone on Elbel Road be extended
to run from 7:30 a.m. to 4:30 p.m. and the school zone area on Elbel Road be reduced to start at
Schertz Parkway and Elbel Road and run to 1,230 feet west of FM 3009.
In addition, the crosswalk on Elbel Road and Westchester will be improved with flashing lights
and signs to help protect students. As outlined in Section 86-50 of the Code of Ordinances –
Driving into or through school crossing zones, it is unlawful for any person to drive or operate
any vehicle into or through any school crossing zone at a time when there is a child or children
crossing or standing therein, provided that such school crossing zone has been indicated by signs
not less than 100 feet from the zone and further provided that such zones have been established
across paved streets indicated by lines of white or yellow paint marking its boundaries, which
zones shall not be greater in width than 20 feet.
Additional benefits to the removal of the school zone on Schertz Parkway include decreased
response time for emergency vehicles traveling on Schertz Parkway, reduced traffic violations,
and a safer, more efficient roadway for commuters.
The Transportation Safety Advisory Commission unanimously approved this change at the
November 7, 2013 meeting.
City Council approved this on first reading at their meeting of December 10, 2013.
Goal
To ensure that school zones are up to date in the City of Schertz, that speed limits in school zones
are reflective upon the times that students will be going to and from school to provide for safe
travel, and to provide for the proper area needed for school zones. Additionally, to provide for
protection of students using crosswalks to travel to and from school.
City Council Memorandum
Page 2
Community Benefit
By working cooperatively with the Schertz-Cibolo-Universal City ISD, the City and the ISD can
promote safety for students traveling on city-owned streets and crosswalks.
Summary of Recommended Action
Recommend approval on final reading.
FISCAL IMPACT
$32,090.25 for the Elbel and Westchester Crosswalk Improvements to be paid using School
Crossing Guard Funds out of FY 2013-14 approved budget, contingencies.
RECOMMENDATION
Staff recommends approval of Ordinance 13-D-59 on the final reading.
ATTACHMENT(S)
Ordinance 13-D-59
Schertz Parkway and Elbel Road Exhibit
ORDINANCE NO. 13-D-59
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE
CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-118,
MAXIMUM LIMITS IN SCHOOL ZONES FOR A CERTAIN STREET,
REMOVING THE SCHOOL ZONE FOR A CERTAIN STREET, AND
REDUCING THE AREA FOR THE SCHOOL ZONE ON A CERTAIN
STREET AND PROVIDING AN EFFECTIVE DATE
WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with
respect to a highway under its jurisdiction and in the reasonable exercise of the police power can
designate school crossing zones; and
WHEREAS, §541.302 of the Texas Transportation Code defines a “school crossing zone” as a
reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street
by children going to or leaving a public or private elementary school or secondary school during the
time the reduced speed limit applies; and
WHEREAS, the City has received a request from the Schertz-Cibolo Universal City
Independent School District (SCUCISD) to remove the school zone on Schertz Parkway, increase the
timeframe of the school zone on Elbel Road and reduce the area for the school zone on Elbel Road
based upon the representation of SCUCISD that traffic is controlled by a traffic light and there are
few to no school children walking to school in the previously determined school zone; and
WHEREAS, the City has investigated and determined that it would be advantageous and
beneficial to the citizens of the City to amend Section 86-118 of the Schertz Code of Ordinances as
set forth below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. That Section 86-118 Maximum Limits in School Zones of the Code of
Ordinances, on roadways maintained by the City of Schertz, Texas be amended as follows:
Remove the School Zone on Schertz Parkway between Buffalo Drive and Elbel Road.
Extend the School Zone hours on Elbel Road from 7:30 a.m. to 4:30 p.m.
Reduce the School Zone on Elbel Road to be established from Schertz Parkway and Elbel
Road to 1,230-feet west of F.M. 3009.
Section 2 The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
City Council Memorandum
Page 2
Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4 This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5 If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares
that this Ordinance would have been enacted without such invalid provision.
Section 6 It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of
the public business to be considered at such meeting, including this Ordinance, was given, all as
required by Chapter 551, as amended, Texas Government Code.
Section 7 This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Approved on first reading this the 10th day of December, 2013.
PASSED, APPROVED, AND ADOPTED on finial reading the 17th day of December, 2013.
___________________________________
Michael R. Carpenter, Mayor
ATTEST:
______________________________
Brenda Dennis, City Secretary
(CITY SEAL)
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%ˇ Remove Crosswalk at Schertz Pkwy and Buffalo Dr%ˇ Relocate Crosswalk Signage at Schertz Pkwy and Buffalo Dr to Pecan Dr
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: December 17, 2013
Department: City Manager
Subject: 2014 Master Calendar
________________________________________________________________________
BACKGROUND:
Each year the staff drafts a Master Calendar that serves as a planning tool for the
upcoming year.
FISCAL IMPACT:
None
RECOMMENDATION:
Staff recommends Council approval of the Master Calendar with the following
considerations:
• Cancel the September 30, 2014 Council Meeting as it occurs the day before the
Texas Municipal League Conference scheduled in Houston, October 1-3, 2014
• Cancel the October 7, 2014 Council Meeting due to Texas National Night Out
• Cancel the November 11, 2014 Council Meeting due to City Holiday (Veteran’s
Day)
ATTACHMENTS:
City of Schertz Master Calendar 2014
Boards/Commissions Calendar 2014
STWFSSTFS
1 New Years Day 1 3 4 1 14 Valentines Day
8 Elvis' Birthday 57810112478 17 Presidents Day Holiday (office closed)
18 Selma-Schertz 5K Run 1214151718911 14 15
20 MLK Holiday (office closed)192122242516182122
31 Chinese New Year (Year of the Horse)26282931232528
1 Wilenchik Walk for Life
2 Texas Independence Day SMTWFSSTFS
5 Ash Wednesday 1145 10-27 Fiesta Weeks
9 Daylight Savings Begins 24578681112 13 Palm Sunday
10-14 SCUCISD Spring Break 9 11 12 14 151315 18 19 14-22 Passover
10-14 East Central ISD Spring Break 1618192122202225 26 18 Good Friday
10-14 Comal ISD Spring Break 23252628292729 20 Easter
17 St. Patrick's Day 30
20 Spring Begins
20 Employee Remembrance Day
STWFSSTFS
11 Mother's Day 231367 14 Flag Day
17 Armed Forces Day 4679108101314 15 Father's Day
26 Memorial Day Holiday (office closed)111314161715172021 21 Summer Begins
182021 23 2422242728 26-29 Texas City Mgt Assn Conf-Galveston
25 27 28303129 28 June - 27 July Ramadan
STWFSSTFS
3-4 Schertz 4th of July Jubilee 1245 12
4 Independence Day (office closed)68911123589
131516181910121516
202223252617192223
27293024262930
31
1 Labor Day Holiday (office closed)STWFSSTFS
11 Patriot Day 2356 34 4 Yom Kippur
19-20 SchertzFest 79101213571011 7 Texas National Night Out
23 Autumn Begins 141617192012141718 9-12 Guadalupe County Fair
24-28 Comal County Fair 212324 26 2719212425 13 Columbus Day (office closed)
25-26 Rosh Hashanah 2830262831 31 Halloween, Trunk or Treat
30 Sept. - 3 Oct. Annual TML Conf.
Houston
STWFSSTFS
2 Daylight Savings Time Ends 1256 5-6 Schertz Festival of Angels
4 Election Day 24578791213 16-24 Chanukah
11 Veterans Day (office closed Nov. 10 & 11)91112141514161920 21 Winter Begins
27-28 Thanksgiving (office closed)161819212221 23 26 27 25 Christmas Day (office closed Dec. 25 & 26)
23 25 26 28 2928 30 26 Dec. - 1 Jan. Kwanzaa
30 31 New Years Eve
SCUCISD Holidays are in red
East Central ISD Holidays are underlined
Comal ISD Holidays are in italics Council MeetingP&Z CommTrans Safety Adv Comm
City Holidays (office closed)Library Adv BdBoard of Adjustments
SSLGC MeetingEcon Dev CorpParks & Recreation Adv Board
CVLGCHistorical Preservation Comm
****Dates are subject to change. Check www.schertz.com for updated information
13
20
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26
10
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24
MAY
31
City of Schertz Master Calendar 2014
FEBRUARYJANUARY
APRILMARCH
M
6 3
10
NOVEMBERDECEMBER
JULYAUGUST
SEPTEMBER
28
21
14
7
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2014 Boards/Commissions
Board of Adjustments
Day: 4th Monday of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During the following months, BOA will meet on the following date:
May 19th (the 3rd Monday)
November 17th (the 3rd Monday)
December 15th (the 3rd Monday)
Economic Development Corporation
Day: 4th Thursday of the month
Time: 6:00 pm
Location: Council Chambers
Library Advisory Board
Day: 1st Monday of the month
Time: 7:00 pm
Location: Library - Meeting Room 1
NOTE: There will be no meeting in July
During September, the Library Board will meet on the following date:
September 8th (the 2nd Monday)
Parks & Recreation Advisory Board
Day: 3rd Monday of the month
Time: 5:30 pm
Location: Bob Andrews Conference Room
NOTE: During the following months, Parks & Rec Advisory Board will meet on the following date:
January 27th (the 4th Monday)
February 24th (the 4th Monday)
Planning and Zoning
Day: 2nd and 4th Wednesdays of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During November and December, P&Z only meets once a month:
November 19th (the 3rd Wednesday)
December 17th (the 3rd Wednesday)
Transportation Safety Advisory Commission
Day: 1st Thursday of the month
Time: 5:30 pm
Location: Council Chambers
NOTE: There will be no meeting in July
During January, TSAC will meet on the following date – January 9th (the 2nd Monday)
Historical Preservation Committee
Day: Quarterly on the 4th Thursday of the month:
January 23rd, April 24th, July 24th and October 23rd
Time: 6:30 pm
Location: Bob Andrews Conference Room
Schertz-Seguin Local Government Corporation
Day: 3rd Thursday of the month
Time: 1:30 pm
Location: Take turns meeting in Seguin and Schertz - when in Schertz, meet in the
Council Chambers – when in Seguin, meet in their Council Chambers
Cibolo Valley Local Government Corporation
Day: 4th Thursday of the month
Time: 9:00 am
Location: Varies – Please Contact Regina Franke at rfranke@seguintexas.gov
NOTE: As of now, there will not be a November meeting (Nov. 27th), as it falls on a City holiday
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: December 17, 2013
Department: Administration
Subject: Cancellation of the December 24, 2013 &
December 31, 2013 Council meetings
BACKGROUND
December 24th and December 31st meeting dates falls on holiday weeks and it has been
recommended to cancel these meetings.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the cancellation of the December 24, 2013, and December
31, 2013 City Council meetings.
Agenda Nos. 5, 6, and 7
CITY COUNCIL MEMORANDUM
City Council Meeting: December 17, 2013
Department: Marshal’s Office and Police
Department
Subject: Ordinance No. 13-H-51 - amending
the Code of Ordinances, Chapter 54,
Nuisances
Ordinance No. 13-M-52 - amending
the Code of Ordinances, Chapter 50,
Miscellaneous Offenses and
Provisions by (1) repealing Article
II, Insanitary, Unsightly, Etc.,
Conditions on Private Property, (2)
repealing Sections 50-107, 50-108,
50-109, and 50-110 of Article III,
Abandoned, Junked Property and
Property Found in Violation of
Ordinance, Division 2, Motor
Vehicles, and (3) amending Sections
50-105 and 50-111 of Article III,
Abandoned, Junked Property and
Property Found in Violation of
Ordinance, Division 2, Motor
Vehicles
Ordinance No. 13-D-53 - amending
the Code of Ordinances by adding
Section 86-18, No Obstructions in
Street, to Chapter 86, Traffic and
Motor Vehicles, Article I, In General
BACKGROUND
Goal
At several recent City Council meetings, the City Council has discussed the City’s
nuisance ordinance that prohibits basketball goals from being placed in the City’s
50686613.2
streets. The City Council directed staff (1) to remove the prohibition from the
nuisance ordinance, and (2) to add a discretionary offense to the traffic safety
rules that would allow the police department the ability to issue citations if the
specific situation warrants that measure to be taken.
The proposed revisions to the nuisance ordinance in Ordinance No. 13-H-51
remove the reference to basketball goals, and the proposed new Ordinance No.
13-D-53 adds a traffic safety violation for placing “unsafe obstructions” in the
street. This new violation provides the police department with a discretionary
way to enforce removal of basketball goals from City streets when the placement
of the basketball goals creates an “unsafe obstruction”.
The issue regarding the placement of basketball goals in streets arose while the
Marshal’s office was in the process of a review and update of the City’s overall
nuisance ordinance. In addition to the removal of the provisions regarding
basketball goals, the following changes are being proposed to the nuisance
ordinance:
• Several language changes have been made to bring the ordinance in line
with the current language in the applicable state statutes;
• Duplicative provisions have been removed;
• A provision has been added providing guidelines for composting
activities;
• The recreational vehicle section has been updated; and
• Several clean-up items have been addressed.
Further, as a part of this nuisance ordinance review process, it came to the
attention of the Marshal’s office that there are several provisions located in the
City’s Code of Ordinances, Chapter 50, Miscellaneous Offenses and Provisions,
that are duplicative of sections located in the nuisance ordinance. In order to
avoid confusion and to facilitate the orderly administration of code enforcement
and police activities, the City staff recommends that the duplicative provisions be
deleted.
Community Benefit
These proposed changes help to facilitate the orderly administration of the City’s
code enforcement and police activities.
Summary of Recommended Action
The City staff recommends that the City Council amend the nuisance ordinance as
set forth in Ordinance No. 13-H-51, delete and amend the duplicative portions of
the Miscellaneous Offenses as set forth in Ordinance No. 13-M-52, and add the
50686613.2
50686613.2
new prohibition against placing “unsafe obstructions” in the street to the City’s
traffic safety rules as set forth in Ordinance No. 13-D-53.
FISCAL IMPACT
None
RECOMMENDATION
Approval of Ordinance No. 13-H-51, Ordinance No. 13-M-52, and Ordinance No. 13-D-53
ATTACHMENT(S)
Ordinance No. 13-H-51
Ordinance No. 13-M-52
Ordinance No. 13-D-53
ORDINANCE NO. 13-H-51
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AMENDING THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER
54, NUISANCES; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1.AMENDMENT. Chapter 54, Nuisances, shall be amended as follows:
CHAPTER 54, NUISANCES
TABLE OF CONTENTS
ARTICLE I.
IN GENERAL
Section 54-1.Scope
Section 54-2.Duties and Powers of the Code Official
Section 54-3.Severability
Section 54-4.Requirements not Covered by this Chapter
Section 54-5.Abatement of Violation
Section 54-6.General Notices and Orders
Section 54-7.Reserved
Section 54-8.Removal or Correction by the City; Interest
on Expenses
Section 54-9.Restrictions Imposed on Property until Lien
is Cleared
Section 54-10.Statement of Expenses:; Lien for Expenses
and for Interest on Expenses; Suit to Collect
Expenses and Interest; Foreclosure of Lien;
Proof of Expenses
Section 54-11.Transfer of Ownership
Section 54-12.Violations; Penalties
ARTICLE II.
DEFINITIONS
Section 54-13.Definitions
50636240.4 1
ARTICLE III.
NOISE
Section 54-14.Certain Acts Declared to be Noise Nuisances
ARTICLE IV.
ABANDONED HOUSEHOLD APPLIANCES
Section 54-15.Abandoned Large Household Appliances
Section 54-16.Responsibility of Owner or Person in Control
ARTICLE V.
PROPERTY MAINTENANCE REQUIREMENTS
Section 54-17.International Building Code
AdoptedStandards
Section 54-18.Unsafe Structures and Equipment
Section 54-19.Emergency Measures
Section 54-20.Demolition
Section 54-21.General Responsibilities
Section 54-22.Exterior Property Areas; Nuisance Upon
Premises
Section 54-23.Swimming Pools, Spas and Hot tubsReserved
Section 54-24.Parking Prohibited on Front and Side Yards
Section 54-25.Exterior StructureReserved
Section 54-26.Interior StructureReserved
Section 54-27.Handrails and GuardrailsReserved
Section 54-28.Rubbish and Garbage
Section 54-29.Texas Litter Abatement Act Adopted
Section 54-30.Extermination
Section 54-31.Light, Ventilation and Occupancy
LimitationsReserved
Section 54-32. Plumbing Facilities and Fixture RequirementsReserved
Section 54-33. Mechanical and Electrical RequirementsReserved
ARTICLE VI.
JUNK VEHICLES
Section 54-34.Declaration of Junk Vehicle as Public
NuisanceEnforcement
Section 54-35.Junk Vehicle NoticePenalties
Section 54-36.ExemptionsJunk vehicles declared public
nuisance
Section 54-37 Abatement of Junk Vehicles Declared a Junk
vehicles prohibited on public property
Public Nuisance
Section 54-38.Disposal of Junk VehicleJunk vehicles
prohibited on private property
50636240.4 2
Section 54-39.RightDefenses to an Appealprosecution
Section 54-40.ConflictConflicts of Lawlaw
Section 54-41.Notice to abate junk vehicle
Section 54-42.Public hearing in municipal court
Section 54-43.Removal of junk vehicle
Section 54-44.Disposal of junk vehicle
Section. 54-45.Notice to state
IN GENERAL.ARTICLE I.
Scope.Section 54-1.
The provisions of this Chapter shall apply to all residential and nonresidential structures
and all premises, structures, equipment and facilities for light, ventilation, space, heating,
sanitation, protection from the elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance, whether now existing or existing in the future; the responsibility
of owners, operators and occupants; the occupancy of structures and premises, and for
administration, enforcement and penalties within the jurisdiction of the City and property within
5,000 feet outside the limits of the City, whether or not within the extraterritorial jurisdiction of
the City. (State law reference – LGC 217.042.)
Duties and Powers of the Code Official.Section 54-2.
Generally – The City Health Official, hereinafter referred to in this Chapter as thea)
Code Official, is hereby authorized and directed to enforce the provisions of this
Chapter and other related ordinances and regulations of the City. The Code
Official shall have the authority to render interpretations of this Chapter and to
adopt policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies, and procedures shall be in compliance with the
intent and purpose of this Chapter and shall not have the effect of waiving
requirements specifically provided for in this Chapter. The Code Official is a
member of the City Marshal’s Department, which shall have overall enforcement
authority as to this Chapter. The foregoing is not intended, and shall not be
interpreted, to limit the authority of the City’s police department or of any other
applicable law enforcement department or agency with applicable jurisdiction
from enforcing the provisions of this Chapter, which police department and any
other applicable law enforcement department(s) or agency(ies) with applicable
jurisdiction shall also have enforcement authority.
b)Appeals – The City Manager or his/her designated representative shall hear and
decide on all appeals or orders, decisions, or determinations made by the Code
Official relative to the application and interpretation of this Chapter.
50636240.4 3
c) Reports – The Code Official shall give attention to the health and sanitaryb)
conditions of the City and report to the City Council once each monthperiodically,
making recommendations as necessary conducive to the cleanliness of the City
and the general health of the citizens.
d) Right of Entry – It shall be unlawful for any person to interfere, hinder, or delayc)
the Code Official or other City deputies, inspectors, or officers in the discharge of
any duties under this Chapter or to refuse to comply with the orders of the Code
Official. The Code Official shall issue all necessary notices or orders to ensure
compliance with this Chapter.
e) Inspections – The Code Official shall respond to all complaints and make d)
allrelated to violations of this Chapter and shall conduct inspections
necessaryrelated to ensureensuring compliance with all state and local
requirements governing general property maintenance.
f) Department Records – Official records shall be kept of all complaints, reports,e)
citations, notices, and orders issued for violations of this Chapter. Such records
shall be retained in the official records of the City pursuant to the City’s document
retention policy.
g) No Liability – The Code Official orand any other employees, personnel, or f)
officers charged with the enforcement of this Chapter while acting for the
jurisdiction in good faith and without malice in the discharge of the duties
required by this Chapter or other pertinent laws or ordinances, shall not thereby be
rendered liable personally and are hereby relieved from personal liability for any
damage accruing to persons or property as a result of any act or omission in the
discharge of official duties. Any suit instituted against an officer orthe Code
Official or any other employee, personnel, or officer charged with enforcement of
this Chapter because of an act performed by the officer or employeesuch
individual in the lawful discharge of duties and under the provisions of this
Chapter shall be defended by legal representative ofrepresentation provided by the
City until the final termination of the proceedings. The Code Official or any
subordinateother employee, personnel, or officer charged with enforcement of this
Chapter shall not be liable for cost in any such action, suit, or proceeding that is
instituted in pursuance of the provisions of this Chapterunless it is determined by
a court in a final non-appealable judgment that the individual did not act in good
faith without malice or that the individual acted outside the scope of his or her
duties.
Severability. Section 54-3.
If a section, subsection, sentence, clause, or phrase of this Chapter is, for any reason, held
to be unconstitutional,illegal, or invalid,such decision shall not affect the validity of the
remaining portions of this Chapter.
Requirements not Covered by this Chapter. Section 54-4.
50636240.4 4
Requirements necessary for the strength, stability, or proper operation of an existing
fixture, structure, or equipment, or for the public safety, health, and general welfare, and not
specifically covered by this Chapter, shall be determined by the Code Official or by other
applicable departments of the City.
Abatement of Violation. Section 54-5.
The imposition of the penalties herein prescribed shall not preclude the Code Official from
instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal
occupancy of a building, structure, or premises, or to stop an illegal act,conduct business, or
utilization of thea building, structure, or premises.
General Notices and Orders.Section 54-6.
Notice to Person Responsible – Whenever the Code Official determines that therea)
has been a violation of this Chapter or has grounds to believe that a violation has
occurred, notice shall be given in a manner prescribed below to the person
responsible for the violation.to the owner, tenant, lessee, occupant, mortgagee,
agent, or lien holder, as applicable, in accordance with the provisions of this Sec.
54-6.
Form –NoticesAny notice given under this Chapter shall be in accordance with b)
all the following:
Be in writing;1)
Include a description of the applicable real estate to which the violation 2)
relates sufficient for identification;
Include a statement of the violation or violations and why the notice is3)
being issued;
Include a correction order allowing seven (7) calendar days after the date4)
ofon the notice to make the repairs and improvements required to bring the
property or structure into compliance;
Inform the property owner of the right to appeal; and5)
Include a statement regarding the City’s right to file a lien.6)
Method of Service –SuchAny notice given under this Chapter shall be deemed toc)
be properly served if a copy thereof is (State law reference – LGC 342.006.):
Delivered personally;1)
Sent by certified or first-class mail addressed to the last known address of2)
the property owner as recorded in the appraisal district records of the
appraisal district in which the property is located; or
50636240.4 5
By posting the noticePosted on a placard attached to a stake driven into the3)
ground on the property to which the violation relates.;
Posted on or near the front door of each building on the property to which 4)
the violation relates; or
If personal service cannot be obtained, given by publication at least once.5)
Final Notice - In the notice, the City may inform the owner (either by certified d)
mail, return receipt requestedregular mail and a posting on the property or by
personally delivering the notice), that if the owner commits another violation of
the same kind or nature on or before the first anniversary of the date of the notice,
the City, without further notice, may issue a citation, correct the violation at the
owner’s expense, and assess the expense against the property. If the violation
covered by a notice under this Chapter occurs within the one-year period
following issuance of the notice, and the City has not been informed in writing by
the owner of an ownership change, then the City without notice may take any
action permitted by Sec. 54-8 and assess its expenseexpenses as provided in Sec.
54-9 and9, 54-10 or10, and Sec. 54-12.
Refused or Unclaimed – If the Code Official mails a notice to a persone)
responsible for a violation and the United States Postal Service returns the notice
as “refused” or “unclaimed”, the validity of the notice is not affected, and the
notice is considered asto have been delivered.
Reserved.Section 54-7.
Removal or Correction by the City; Interest on Expenses.Section 54-8.
In the event the owner, tenant, lessee, agent, or occupant of any lot, parcel, or premises
fails to remove or remedy any condition described in this Chapter within seven (7) calendar days
after notice has been given, the City may do whatever is deemed necessary to remove or remedy
the condition, or cause the same to be done, and charge the expenseexpenses incurred thereby to
the owner, tenant, agent, lessee, or occupant of the lot, parcel, or premises, and such
expenseexpenses shall be assessed as a lien against the real estate upon which the work is done.
A statement of expenseexpenses incurred will be certified by the City Secretary and sent to the
violator of this Chapter. That person will be given a period of fifteen (15)calendar days for total
reimbursement to the City. Upon the expiration of this 15-day periodfifteen (15) calendar days,
the amount of such unpaid expenses shall bear ten percent (10%) per annum interest from the
date certified by the City Secretary.
Restrictions Imposed on Property until Lien is Cleared.Section 54-9.
In the event no collection can be made by the City of expenses incurred in removing or
remedying any of the conditions and before and after a lien is filed against such property, the City
shall have the right to impose the following restrictions on such property until such lien is
cleared:
50636240.4 6
No building permit of any type will be issued by the City with respect to thea)
property involved, including building improvement, remodeling or modification
permits. ; and
A fee of $200.00 will be levied against the violator as an administrative fee tob)
cover the costs of filing a lien against the property.
Statement of Expenses:; Lien for Expenses and for Interest on Expenses; Suit Section 54-10.
to Collect Expenses and Interest; Foreclosure of Lien; Proof of Expenses.
Statement of Expenses –The City Manager or his/her designated representativea)
shall file a statement of expenses incurred under section 54-8 stating the amount
of such expenses and the date of which costs of filing the lien with the municipal
court clerk andmay file, with the County Clerk of the county or counties in which
the lot or real estate is located, and the City shall have a privileged lien on such lot
or real estate upon which the work is done or improvement made to secure the
expenditures and interest, suit may be instituted for recovery, and forfeiture of
such lien may be had in the name of the City; and the statement of expenses so
made, or certified copy thereof; shall be prima facie proof of the amount expended
for such work or improvements.property is located, a statement of expenses
incurred under Sec. 54-8 stating the following (State law reference – LGC
342.007.):
The amount of such expenses;1)
The date on which such expenses were certified by the City Secretary;2)
The name of the property owner, if known; and3)
The legal description of the property.4)
Lien for Expenses and for Interest on Expenses – Upon filing a Statement of b)
Expenses described in Sec. 54-10(a), the City shall have a lien against the
property to secure the expenses and interest, which lien is superior to all other
liens except for tax liens and liens for street improvements. (State law reference
– LGC 342.007.)
Suit to Collect Expenses and Interest; Foreclosure of Lien – (State law referencec)
– LGC 342.007.)
The City may bring suit for foreclosure of the lien to recover the expenses 1)
and interest; and
The City may foreclose a lien under this Chapter as provided by Section 2)
33.91 of the Texas Tax Code.
50636240.4 7
Proof of Expenses – A Statement of Expenses described in Sec. 54-10(a) or a d)
certified copy of a Statement of Expenses shall be prima facie proof of the amount
expended for such work or improvements. (State law reference – LGC 342.007.)
Transfer of Ownership.Section 54-11.
It shall be unlawful for the owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage,
lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of
the compliance order or notice of violation have been complied with, or until such owner shall
first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or
notice of violation used by the Code Official and shall furnish to the Code Official a signed and
notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance order or notice of
violation.
Violations.Section 54-12.
Unlawful Acts – It shall be unlawful for a person, firm or corporation to be ina)
conflict with or in violation of any of the provisions of this Chapter.
Penalties – Any violation by any person, firm or corporation of this Chapter isb)
declared to be unlawful and a misdemeanor and any violation thereof shall be
punished by a fine of not less than $40.00 or more than $2,000.00. Any person in
violation of this Chapter and having paid a fine assessed for such violation shall
not be relieved of the expense incurred by the City in removing or remedying the
condition prescribed in this Chapter. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.Paying the fine for the
violation does not relieve the person from remedying the violation.
DEFINITIONS.ARTICLE II.
Definitions.Section 54-13.
The following words, terms, and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicatedindicates a
different meaning:
Antique Vehicle –is a passenger car or truck that is at least twenty-five (25) years old.
Code Official – the City Health Official who is charged with the administration and enforcement
of this Chapter, or any duly authorized representative of such person.
Composting –means a controlled biological reduction of organic waste to humus.
50636240.4 8
Easement –means a strip of land extending along a property line or across a lot, for which a
limited right of use has been or is to be granted for a public or quasi-public purpose. No property
owner shall place any obstructions or structures in or along an Easement.
Garbage –means any rejected or waste household food composed of vegetable and animal
substances; or other waste. It shall be taken to mean and include all table and kitchen refuse of
every kind and description; also decaying vegetables and meats, or anything that will, or may,
decompose and become offensive or dangerous to health.
General nuisance – means any condition or use of a building, structure, lot, parcel, or premises
which is in an unsanitary, objectionable, or unsightly condition or injurious to public health,
which is detrimental to the property of others, or which causes, or tends to cause diminution in
the value of other property in the neighborhood in which such premises is located.
Junk Vehicle – is a vehicle that is self-propelled and;
Inoperable Motor Vehicle – means (i) any motorized vehicle incapable of immediately being
driven and not properly licensed or inspected for safety in accordance with state law; (ii) a car,
truck, bus, or van that cannot be started and moved under its own power; (iii) a vehicle that is not
currently licensed, including a recreational vehicle or trailer, which is designed for travel on the
public roads; or (iv) an inoperable tractor or inoperable farm equipment.
Junk –means all worn out, worthless or discarded material, including, but not limited to, any of
the following materials, or parts of said materials or any combination thereof; new or used iron,
steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household
appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings
not currently in use; used lumber, brick, cement block, wire, tubing and pipe, drums, barrels,
and/or roofing material not currently in use; air conditioning and heating equipment not currently
in use; used vehicle components and parts not currently in use; used furniture other than that
designated for outdoor use; used and/or inoperative lawn care equipment and machinery not
currently in use; pallets, windows or doors not currently in use; new or used sheet metal,
structural steel and/or chain not currently in use; used and/or inoperable vending machines,
radios and/or televisions not currently in use; and any other type of used and/or inoperable
machinery not currently in use. Discarded bottles or cans. Any other building materials or debris.
a)DoesJunk Vehicle – is a vehicle that is self-propelled and does not have lawfully
attachedaffixed to it both an unexpired license plate and a valid motor vehicle safety inspection
certificate; and (both a current registration and inspection sticker shall be affixed to the
windshield, if one of those is expired, the vehicle is in violation); and is:
b) Is wrecked, dismantled or partially dismantled, or discarded; ora)
c) Is inoperable and has remained inoperable for more than seventy-two (72)b)
consecutive hours if the vehicle is on public property or thirty (30) consecutive
days if the vehicle is on private property. (State law reference – Transportation
Code 683.071.)
50636240.4 9
Lot or parcel – is defined and considered as having ordinary meaning but shall include, in
addition to the land within a lot or parcel boundary, all land adjacent to and extending beyond the
property line to the curb line of adjacent streets and, where no curb exists, to the existing street
surface. The word “lot” or “parcel” shall also include all land lyi ng between the property line of
any lot or parcel and the center of adjacent easements.
Motor vehicle – means a vehicle that is subject to registration under Chapter 501 of the Texas
Transportation Code, as amended from time to time.
Motor vehicle collector – means a person who:
Owns one or more Antique Vehicle or Special Interest Vehicle; anda)
Acquires, collects, or disposes of an Antique Vehicle or Special Interest Vehicleb)
for personal use to restore and preserve an Antique Vehicle or Special Interest
Vehicle for historic interest.
Nuisance –means any condition, object, material or matter that is dangerous or detrimental to
human life or health; or that 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 threatens to become
detrimental to the public health; and shall include, but is not limited to: any abandoned wells,
abandoned household appliances, stagnant or unwholesome water, rubbish, junk, trash, debris or
refuse, impure or unwholesome matter of any kind, any objectionable, unsightly or unsanitary
matter of whatever nature.
Noise nuisance – means any unreasonably loud, disturbing noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof and is
hereby declared to be a nuisance.
Owner –means any person, agent, operator, firm or corporation having a legal or equitable
interest in the property in question; or recorded in the official records of the state, county or
municipality as holding title to such property; or otherwise having control of such property,
including the guardian of the estate of any such person, and the executor or administrator of the
estate of such person if ordered to take possession of real property by a court.
Person – as used in this Chapter shall be construed to impart the singular and plural as the case
demands, and shall include corporations, companies, societies and, associations, firms,
partnerships, all other entities, and individuals.
Right-of-way –means a public or private area that allows for the passage of people or goods.
Right-of-way includes passageways such as freeways, streets, bike paths, alleys, and walkways.
In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting,
and drainage facilities, and may include special features such as landscaped areas.
Rubbish –means miscellaneous waste materials resulting from housekeeping, mercantile
enterprises, trades, manufacturing, and offices, including other waste matter, such as slag, stone,
broken concrete, fly ashes, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or
similar or related combinations thereof.
50636240.4 10
Special Interest Vehicle – is a motor vehicle of any age which has not been altered or modified
from the original manufacturer’s specifications and, because of its historic interest, is being
preserved by a hobbyist.
Structure –means that which is built or constructed on any property within the City.
Tenant –means a person, corporation, partnership or group, whether or not the legal owner of
record, occupying a building or portion thereof as a unit.
NOISE.ARTICLE III.
Certain Acts Declared to be Noise Nuisances.Section 54-14.
The following acts, among others, are declared to be nuisances in violation of this Article,
but said enumerations shall not be deemed to be exclusive:
The playing of any radio, tape recorder, cassette player, compact disk player, DVDa)
player, MP3 player,any digital device or any similar device phonograph or any
musical instrument in such a manner or with such volume, particularly during the
hours between 10:00 pm and 7:00 am, as to disturb the quiet, comfort or repose of
persons of ordinary sensibilities in any dwelling, hotel or other type of residence.
The use of any stationary loudspeaker or amplifier to such intensity that disturbsb)
persons of ordinary sensibilities in the immediate vicinity thereof; the use of any
stationary loudspeaker or amplifier operated on any day between the hours of
10:00 pm and 7:00 am.
The keeping of any animal or bird which by causing frequent or long-continuedc)
noise shall disturb the comfort and repose of any person of ordinary sensibilities
in the immediate vicinity.
The continued or frequent sounding of any horn or signal device on anyd)
automobile, motorcycle, bus, or other vehicle except as a danger or warning
signal; the creation by means of any such said device of any unreasonable loud or
harsh noise for any unreasonable period of time.
The running of any automobile, motorcycle, or vehicle so out of repair, so loud ore)
in such manner as to create loud or grating, grinding, jarring, or rattling noise or
vibration.
The discharge into the open air of the exhaust of any steam engine, stationaryf)
internal combustion engine, motor vehicle or boat engine except through a muffler
or other device which will effectively prevent loud or explosive noises therefrom.
The use of any mechanical device operated by compressed air, unless the noise tog)
be created is effectively muffled and reduced.
50636240.4 11
Commercial contractors are prohibited from the erection,(including excavation),h)
demolition, alteration or repair work on any building or structure other than
between the hours of 7:00 am and 6:00 pm, on weekdays and 9:00 am to 5:00 pm
on Saturdays. Commercial contractors are prohibited from workingoutdoor work
involving erection (including excavation), demolition, alteration or repair work
on unoccupied structures on Sundays. An exception can be made in case of urgent
necessity in the interest of public safety and convenience, and then only by written
permit from the City Manager or his/her designee, which permit may be renewed
by the City Manager or his/her designee, during the time the emergency exists. All
special requests must be submitted in writing.
The creation of any excessive noise on any street adjacent to any school ori)
institution of learning while in session or adjacent to any hospital which interferes
with the working of such institutions, providing conspicuous signs are displayed
in such manner indicating that the same is a school or hospital street.
The creation of any loud and excessive noise in connection with the loading orj)
unloading of any vehicle or the opening and destruction of bales, boxes, crates and
containers.
The raucous shouting and crying of peddlers, hawkers and vendors, which disturbk)
the peace and quiet of the neighborhood.
The use of any drum, loudspeaker or other instrument or device for the purpose ofl)
attracting attention by the creation of noise to any performance, show or sale of
merchandise.
ABANDONED HOUSEHOLD APPLIANCES.ARTICLE IV.
Abandoned Large Household Appliances.Section 54-15.
It shall be unlawful for any person to cause or permit to be or remain upon any premises
under his control in a public or semi-public area that might be accessible to children, any large
appliance (including any freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer
and other similar appliances).
Responsibility of Owner or Person in Control.Section 54-16.
a)The owner or person in control of any large home appliance on any such property as
described in sectionSec. 54-15 shall not permit same to be discarded, abandoned, or stored as to
create a public nuisance of safety hazards.
PROPERTY MAINTENANCE REQUIREMENTSARTICLE V.
Section 54-17. International Building Code Adopted. Building Standards.
The International Building Code, 2006 edition, as amended. Revised and corrected,
including all future editions, revisions, amendments and corrections, published by the
50636240.4 12
International Code Council (ICC), one copy of which is on file with the City Secretary, is hereby
adopted and incorporated by reference as the Building Code of the City, subject to and including
by reference such amendments as herein shall appear
The City has adopted certain building regulations and codes governing the minimum standards
for the continued use and occupancy of all buildings regardless of the date of their construction,
including, without limitation, those set forth in Section 54-18 below, in Chapter 18 of the City’s
Code of Ordinances, and elsewhere in the City’s Code of Ordinances.
Section 54-18. Unsafe Structures and Equipment.
Unsafe Structure – An unsafe structure is one that is found to be dangerous to thea)
life, health, property or safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occupants in the event of fire,
or because such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
Unsafe Equipment – Unsafe equipment includes any boiler, heating equipment,b)
elevator, moving stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is in such
disrepair or condition that such equipment is a hazard to life, health, property or
safety of the public or occupants of the premises or structure.
Structure Unfit for Human Occupancy – A structure is unfit for human occupancyc)
whenever the Code Official finds that such structure is unsafe, unlawful or
because of the degree to which the structure is in disrepair or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth or other contamination, or lacks
ventilation, illumination, sanitary or heating facilities, or lacks current water or
electric utilities, or other essential equipment required by this Article, or because
the location of this structure constitutes a hazard to the occupants of the structure
or to the public.
Unlawful Structure – An unlawful structure is one found in whole or in part to bed)
occupied by more persons than permitted under this Article, or which was erected,
altered or occupied contrary to law.
Closing of Vacant Structure – If the structure is vacant and unfit for humane)
habitation and occupancy, and is not in danger of structural collapse, the Code
Official is authorized to post a placard of condemnation on the premises and order
the structure closed up so as not to be an attractive nuisance. Upon failure of the
owner to close up the premises within the time specified in the order, the Code
Official shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons, and the cost
thereof shall be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate and may be collected by any legal
resources.
50636240.4 13
Section 54-19. Emergency Measures.
When, in the opinion of the Code Official, there is imminent danger of failure or collapse
of a building or structure which endangers life, or when any structure or part of a structure has
fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or
operation of defective or dangerous equipment, the Code Official is authorized and empowered
to order and require the occupants to vacate the premises forthwith. The Code Official shall
cause to be posted at each entrance to such structure a notice reading as follows:“This structure
is unsafe, and its occupancy has been prohibited by the City of Schertz Code Official”. It
shall be unlawful for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or of demolishing the
same.
Section 54-20. Demolition.
General – The Code Official shall order the owner of any premises upon which is locateda)
any structure, which in the Code Official’s judgment is so old, dilapidated, or has become so out
of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or
occupancy, such that it is unreasonable to repair the structure, and to demolish and remove such
structure; or if such structure is capable of being made safe by repairs, to repair and make safe
and sanitary or to demolish and remove at the owner’s option; or where there has been a
cessation of normal construction of any structure for a period of more than two years, to
demolish and remove such structure.
Failure to Comply – If the owner of a premises fails to comply with a demolition orderb)
within the time prescribed, the Code Official shall cause the structure to be demolished and
removed, either through an available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged against the real estate
upon which the structure is located and shall be a lien upon such real estate.
Salvage Material – When any structure has been ordered demolished andc)
removed, the City or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials at the
highest price reasonably obtainable. The net proceeds of such sale, after deducting
the expenses of such demolition and removal, shall be promptly remitted with a
report of such sale or transaction, including the items of expense and the amounts
deducted, to the person who is entitled thereto, subject to any order of a court. If
such a surplus does not remain to be turned over, the report shall so state.
Procedure (State law reference – LGC 214.001.) –d)
d) Means of Appeal – Any person directly affected by a decision of the 1)
Code Official or a notice or order issued under this Chapter shall have the
right to appeal to a Board of Appeals, provided that a written application
for appeal is filed within 20 days after the day the decision, notice or order
50636240.4 14
was served by the Code Official. An application for appeal shall be based
on a claim that the true intent of this Chapter or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this Chapter
do not fully apply, or the requirements of this Chapter are adequately
satisfied by other means, or that the strict application of any requirement
of this Chapter would cause an undue hardship.A public hearing shall be
held before the City’s Board of Adjustment to determine whether the
building complies with the City’s minimum standards for the continued
use and occupancy of all buildings regardless of the date of their
construction (see Section 54-17 above) in connection with any person
directly affected by a decision of the Code Official or a notice or order
issued under Section 54-20.
1)The City Manager will select a Board of Appeals that shall consist of three
members. Two members will be selected from the Board of Adjustment
and one member from the Planning and Zoning Commission. The Code
Official shall be an ex-officio member but shall have no vote on any
matter before the Board.
All hearings before the Board shall be open to the public. The appellant, 2)
the appellant’s representative, the Code Official and any person whose
interests are affected shall be given an opportunity to be heard.The parties
to any proceeding under this Section 54-20 before the City’s Board of
Adjustment shall have the right to appeal the decision of the City’s Board
of Adjustment to the State District Court within 10 days of such decision,
or to the extent that Section 214.0012 of the Texas Local Government
Code applies, within 30 days.
The Board shall modify or reverse the decision of the Code Official only 3)
by a concurring vote of a majority of the total number of appointed Board
members.City Marshal or his/her designee and the Director of
Development Services or his/her designee shall present all cases related to
this Section 54-20 on behalf of the City before the Board of Adjustment.
Any appeal from a ruling by the Board shall be to the City Council, 4)
provided that a written application for appeal is received by the City
Manager within 10 days after the Board’s ruling.Whenever it is
determined that there are reasonable grounds to believe that there has been
a violation of any provision of this Section 54-20 or of any rule or
regulation adopted pursuant thereto, notice of such alleged violation shall
be given to the owner, and as applicable and as more fully described
below, to each lienholder and mortgagee. Such alleged violations shall
constitute a nuisance.
The Code Official shall take immediate action in accordance with the 5)
decision of the Board, or the City Council, as applicable.A notice of a
hearing sent to an owner, lienholder, or mortgagee under this Section
50636240.4 15
54-20 must include a statement that the owner, lienholder, or mortgagee
will be required to submit at the hearing proof of the scope of any work
that may be required to comply with the ordinance and the time it will take
to reasonably perform the work.
After the public hearing, if a building is found in violation of standards, 6)
the City’s Board of Adjustment may order that the building be vacated,
secured, repaired, removed, or demolished by the owner within a
reasonable time as provided below. The City’s Board of Adjustment also
may order that the occupants be relocated within a reasonable time. If the
owner does not take the ordered action within the allotted time, the City
shall make a diligent effort to discover each mortgagee and lienholder
having an interest in the building or in the property on which the building
is located. The City shall personally deliver, send by certified mail with
return receipt requested, or deliver by the United States Postal Service
using signature confirmation service, to each identified mortgagee and
lienholder a notice containing:
an identification, which is not required to be a legal description, of (i)
the building and the property on which it is located;
a description of the violation of municipal standards that is present (ii)
at the building; and
a statement that the City will vacate, secure, remove, or demolish(iii)
the building or relocate the occupants of the building if the ordered
action is not taken within a reasonable time.
As an alternative to the mortgagee and lienholder notice procedure 7)
prescribed by Section 54-20(d)(6), the City may make a diligent effort to
discover each mortgagee and lienholder before conducting the public
hearing and may give them a notice of and an opportunity to comment at
the hearing. In addition, the City may file notice of the hearing in the
Official Public Records of Real Property in the county in which the
property is located. The notice must contain the name and address of the
owner of the affected property if that information can be determined, a
legal description of the affected property, and a description of the hearing.
The filing of the notice is binding on subsequent grantees, lienholders, or
other transferees of an interest in the property who acquire such interest
after the filing of the notice, and constitutes notice of the hearing on any
subsequent recipient of any interest in the property who acquires such
interest after the filing of the notice. If the City operates under this
section, the order issued by the City may specify a reasonable time in
accordance with the provisions set forth below for the building to be
vacated, secured, repaired, removed, or demolished by the owner or for the
occupants to be relocated by the owner and an additional reasonable time
in accordance with the provisions set forth below for the ordered action to
50636240.4 16
be taken by any of the mortgagees or lienholders in the event the owner
fails to comply with the order within the time provided for action by the
owner. Under this Section 54-20(d)(7), the City is not required to furnish
any notice to a mortgagee or lienholder other than a copy of the order in
the event the owner fails to timely take the ordered action.
Within 10 days after the date that the order is issued, the City shall:8)
file a copy of the order in the office of the City Secretary; and(i)
publish in a newspaper of general circulation in the City a notice (ii)
containing:
(a)the street address or legal description of the property;
(b)the date of the hearing;
(c)a brief statement indicating the results of the order; and
(d)instructions stating where a complete copy of the order may
be obtained.
After the hearing, the City shall promptly mail by certified mail with 9)
return receipt requested, deliver by the United States Postal Service using
signature confirmation service, or personally deliver a copy of the order to
the owner of the building and to any lienholder or mortgagee of the
building. The City shall use its best efforts to determine the identity and
address of any owner, lienholder, or mortgagee of the building.
In conducting a hearing under this Section 54-20, the City’s Board of 10)
Adjustment (if it finds that the building fails to comply with the City’s
minimum standards for the continued use and occupancy of all buildings
regardless of the date of their construction) shall require the owner,
lienholder, or mortgagee of the building to within 30 days:
secure the building from unauthorized entry; or(i)
repair, remove, or demolish the building, unless the owner or (ii)
lienholder establishes at the hearing that the work cannot
reasonably be performed within 30 days.
If the City’s Board of Adjustment allows the owner, lienholder, or 11)
mortgagee more than 30 days to repair, remove, or demolish the building,
the City’s Board of Adjustment, in consultation with the Director of
Development Services or his/her designee and the Marshal or his/her
designee, shall establish specific time schedules for the commencement
and performance of the work and shall require the owner, lienholder, or
mortgagee to secure the property in a reasonable manner from
50636240.4 17
unauthorized entry while the work is being performed, as determined by
City’s Board of Adjustment, in consultation with the Director of
Development Services or his/her designee and the Marshal or his/her
designee.
The City’s Board of Adjustment may not allow the owner, lienholder, or 12)
mortgagee more than 90 days to repair, remove, or demolish the building
or fully perform all work required to comply with the order unless the
owner, lienholder, or mortgagee:
submits a detailed plan and time schedule for the work at the (i)
hearing; and
establishes at the hearing that the work cannot reasonably be (ii)
completed within 90 days because of the scope and complexity of
the work.
If the City’s Board of Adjustment allows the owner, lienholder, or 13)
mortgagee more than 90 days to complete any part of the work required to
repair, remove, or demolish the building, the Board shall require the
owner, lienholder, or mortgagee to regularly submit progress reports to the
Director of Development Services or his/her designee and the Marshal or
his/her designee to demonstrate compliance with the time schedules
established for commencement and performance of the work. The order
may require that the owner, lienholder, or mortgagee appear before
Director of Development Services or his/her designee and the Marshal or
his/her designee to demonstrate compliance with the time schedules. If the
owner, lienholder, or mortgagee owns property, including structures or
improvements on property, within the City boundaries that exceeds
$100,000 in total value, the City’s Board of Adjustment may require the
owner, lienholder, or mortgagee to post a cash or surety bond in an amount
adequate to cover the cost of repairing, removing, or demolishing a
building under this subsection. In lieu of a bond, the City’s Board of
Adjustment may require the owner, lienholder, or mortgagee to provide a
letter of credit from a financial institution or a guaranty from a third party
approved by the City. The bond must be posted, or the letter of credit or
third party guaranty provided, not later than the 30th day after the date the
City’s Board of Adjustment issues the order.
In a public hearing before the City’s Board of Adjustment to determine 14)
whether a building complies with the minimum standards for the
continued use and occupancy of all buildings regardless of the date of their
construction, the owner, lienholder, or mortgagee has the burden of proof
to demonstrate the scope of any work that may be required to comply with
the minimum standards and the time it will take to reasonably perform the
work.
50636240.4 18
If the building is not vacated, secured, repaired, removed, or demolished, 15)
or the occupants are not relocated within the allotted time, the City may
vacate, secure, remove, or demolish the building or relocate the occupants
at its own expense. This subsection does not limit the ability of a City to
collect on a bond or other financial guaranty that may be required by
Section 54-20(d)(13).
If the City incurs expenses under Section 54-20(d)(15), the City may 16)
assess the expenses on, and the City has a lien against, unless it is
expressly prohibited under applicable state law, the property on which the
building was located. The lien is extinguished if the property owner or
another person having an interest in the legal title to the property
reimburses the City for the expenses. The lien arises and attaches to the
property at the time the notice of the lien is recorded and indexed in the
office of the county clerk in the county in which the property is located.
The notice must contain the name and address of the owner if that
information can be determined with a reasonable effort, a legal description
of the real property on which the building was located, the amount of
expenses incurred by the City, and the balance due.
If the notice is given and the opportunity to relocate the tenants of the 17)
building or to repair, remove, or demolish the building is afforded to each
mortgagee and lienholder as set forth in this Section 54-20, the lien is a
privileged lien subordinate only to tax liens.
The City satisfies the requirements of this Section 54-20 to make a diligent 18)
effort, to use its best efforts, or to make a reasonable effort to determine
the identity and address of an owner, a lienholder, or a mortgagee if the
City searches the following records:
county real property records of the county in which the building is (i)
located;
appraisal district records of the appraisal district in which the (ii)
building is located;
records of the secretary of state;(iii)
assumed name records of the county in which the building is (iv)
located;
tax records of the City; and(v)
utility records of the City.(vi)
When the City mails a notice in accordance with this Section 54-20 to a 19)
property owner, lienholder, mortgagee, or registered agent and the United
50636240.4 19
States Postal Service returns the notice as “refused” or “unclaimed,” the
validity of the notice is not affected, and the notice is considered delivered.
In addition to the procedures set forth above, the City may secure, in 20)
accordance with the procedures set forth below, a building that the City’s
Code Official determines (1) violates the minimum standards; and (2) is
unoccupied or is occupied only by persons who do not have a right of
possession to the building (State law reference – LGC 214.0011.):
Before the 11th day after the date the building is secured, the City (i)
shall give notice to the owner by:
(a)personally serving the owner with written notice;
(b)depositing the notice in the United States mail addressed to
the owner at the owner's post office address;
(c)publishing the notice at least twice within a 10-day period
in a newspaper of general circulation in the county in which the
building is located if personal service cannot be obtained and the
owner's post office address is unknown; or
(d)posting the notice on or near the front door of the building
if personal service cannot be obtained and the owner's post office
address is unknown.
The notice must contain:(ii)
(a)an identification, which is not required to be a legal
description, of the building and the property on which it is located;
(b)a description of the violation of the municipal standards
that is present at the building;
(c)a statement that the City will secure or has secured, as the
case may be, the building; and
(d)an explanation of the owner's entitlement to request a
hearing before the City’s Board of Adjustment about any matter
relating to the City’s securing of the building.
The City’s Board of Adjustment shall conduct a hearing at which (iii)
the owner may testify or present witnesses or written information
about any matter relating to the City’s securing of the building if,
within 30 days after the date the City secures the building, the
owner files with the City a written request for the hearing before
the City’s Board of Adjustment. The City’s Board of Adjustment
50636240.4 20
shall conduct the hearing within 20 days after the date the request
is filed.
The City has the same authority to assess expenses under this (iv)
Section 54-20(d)(20) as it has to assess expenses under Section
54-20(d)(16). A lien is created under this section in the same
manner that a lien is created under Section 54-20(d)(16) and is
subject to the same conditions as a lien created under that section.
Section 54-21. General Responsibilities.
Scope – The provisions of this Article V shall govern the minimum conditions and thea)
responsibilities of persons for maintenance of structures, equipment, and exterior property.
Responsibility – The owner of the premises shall maintain the structures andb)
exterior property in compliance with these requirements, except as otherwise
provided for in this Article V. A person shall not occupy as owner-occupant or
permit another person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this Article V.
Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible
for keeping in a clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they occupy and control.
Maintenance – All vacant structures and premises thereof or vacant land shall bec)
maintained in a clean, safe, secure and sanitary condition as provided herein so as
not to cause a blighting problem or adversely affect the public health and safety.
Section 54-22. Exterior Property Areas; Nuisance Upon Premises.
No person owning, leasing, occupying or having charge of any premises shall maintain ora)
keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner
causing diminution in the value of the other property in the neighborhood in which such premises
are located.
It shall be unlawful for any person to permit or allow the keeping or the depositingb)
on, or the scattering over the premises of any of the following:
Lumber, junk, trash, debris, brush, garbage or animal, vegetable or mineral1)
matter and/or any composition of residue thereof with the exception of
Composting done in accordance with this Chapter;
Abandoned, discarded or unused objects or equipment such as furniture,2)
stoves, refrigerators, freezers or other appliances and including empty and
discarded cans or containers, inoperable motor vehicles, car parts, tires and
structurally unsound fences.
50636240.4 21
Any sign, notice, pole, post, basketball goal, and any other obstruction3)
placed or painted upon any sidewalk, street or in any public right-of-way
within the corporate limits of the City.
Excessive growth of weeds or other vegetation that exceeds eight inches4)
(8”) in height or is allowed to remain upon premises so as to become a
breeding place for flies, or insects or become offensive so as to emit foul
or noxious odors; excluding trees, fruits, vegetables, farm crops, bushes,
garden beds, flowers or other ornamental plants and Composting done in
accordance with this Chapter.
The accumulation of stagnant water permitted to remain thereon. Watering5)
beyond an individual’s property, or in a manner or amount which
encroaches on a neighbor’s property resulting in standing or stagnant water
is prohibited.
Inadequate or unsanitary sewage or plumbing facilities, contrary to public6)
health, safety or welfare.
7)It shall be unlawful and declared a nuisance for any person to dump, or
permit to be dumped, upon or along any drain, gutter, alley, easement,
sidewalk, street, right-of-way or vacant lot into or adjacent to water or any
other public or private property within the corporate limits of the City, any
unwholesome water, refuse, rubbish, trash, debris, weeds, brush, tree
cuttings, junk, garbage, impure or unwholesome matter of any kind or
other objectionable or unsightly matter of whatever kind.
c)In other areas of the City, that portion of any lot or parcel of land within fifty feet
(50’) of any open street or road or which is within seventy-five feet (75’) of any
building shall be kept completely free and clear of excessive growth of weeds and
vegetation that exceed eight inches (8”) in height. Abandoned and discarded
equipment and rubbish and stagnant water are also prohibited.
It shall be unlawful for any person owning, leasing, occupying or having charge of anyd)
premises to permit the overhanging or protrusions of trees, brush and shrubs over streets,
sidewalk, alleys and easements.
Minimum clearance from street surface shall be fifteen feet (15’).1)
Minimum clearance in easements and alleys shall be fifteen feet (15’) in2)
height from entire width of easement.
Minimum clearance over sidewalks shall be eight feet (8’).3)
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shalle)
be kept in a proper state of repair, and maintained free from hazardous conditions.
50636240.4 22
All structures and exterior property shall be kept free from rodent harborage andf)
infestation. Where rodents are found, they shall be promptly exterminated by
approved processes, which will not be injurious to human health. After
extermination, proper precautions shall be taken to eliminate rodent harborage and
prevent re-infestation.
All accessory structures, including detached garages, fences and walls, shall beg)
maintained structurally sound and in good repair.
No person shall willingly or wantonly damage, mutilate or deface any exteriorh)
surface of any structure or building on any private or public property by placing
thereon any marking, carving or graffiti. It shall be the responsibility of the owner
to restore said surface to an approved state of maintenance and repair.
Section 54-23. Swimming Pools, Spas and Hot Tubs.
a)Swimming pools, spas and hot tubs shall be maintained in a clean and sanitary
condition, and in good repair.
b)Private swimming pools, spas and hot tubs containing water more than
twenty-four inches (24”) in depth shall be completely surrounded by a fence or
barrier at least forty-eight inches (48”) in height above the finished ground level
measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching. Where the self-latching device is
less than fifty-four inches (54”) above the bottom of the gate, the release
mechanism shall be located on the poolside of the gate. Self-closing and
self-latching gates shall be maintained such that the gate will positively close and
latch when released from an open position of six inches (6”) from the gatepost.
No existing pool enclosure shall be removed, replaced or changed in a manner
that reduces its effectiveness as a safety barrier.
c)Swimming pools, spas and hot tubs may be drained only and after the water has
been effectively dechlorinated (pH is between 6.5-8.5). This can be accomplished
by allowing the sun to dissipate the chlorine or by utilization of chemical
dechlorination additives. Discharging of water can be accomplished by draining
onto a pervious surface that will not flow or pond on neighboring properties.
Allow sufficient area to prevent ponding and to prevent nuisance conditions such
as mosquito breeding.
i)Composting – Nothing in this Chapter shall prohibit the composting of organic
waste or land application of composted organic waste. All compost piles shall be
maintained using the following approved composting standards:
(1)All compost piles shall be maintained so as to prevent the harborage of
rodents and pests. The presence of rodents in or near a compost pile shall
cause the City to issue a complaint.
50636240.4 23
(2) All compost piles shall be maintained so as to prevent unpleasant, rotten
egg-like, putrefactive, sweet, sour or pungent odors.
(3) No compost pile shall be located less than three (3) feet from the rear or
side property line or within twenty (20) feet of any home, patio, pool or
similar structure on the adjacent property.
(4)Compost piles shall not be located in the front or side yard; alleyways or
easements.
(5)Compost piles shall contain no more than a total of five (5) cubic yards of
end product on-site at any one time. Anyone requesting an increase in size
limitations must submit a request (in writing) to the Code Official and
demonstrate that the acreage is sufficiently sized and properly situated to
handle the increase.
(6)No compost pile shall be located where it will impede the natural free flow
of storm water drainage.
(7)Any vegetables, fruits, egg shells, fruit peels, rinds and hair must be
composted in such a way that these materials are buried in the center of the
pile at all times and so that none of these materials are exposed or visible.
Compost piles established in accordance with this Chapter shall be for (8)
private use only. There shall not be commercial provision of material to be
composted or commercial use of the product of such composting.
Every owner or operator shall be responsible for maintaining all property (9)
under his/her control in accordance with these requirements.
(10)Compost piles may contain the following permitted ingredients:
Yard waste, including leaves, sod and grass clippings;
Untreated wood, wood chips and sawdust;
Paper and straw;
Empty egg shells;
Coffee grounds and tea leaves;
Vegetables, fruits and their remains (peels and rinds);
Dryer lint and hair;
Aquatic weeds;
Evergreen needles;
Organic garden waste; and
Commercial compost additives.
No compost pile shall contain any of the following:
50636240.4 24
Animal carcasses, fish, fowl, meat or other animal products;
Manure or animal feces of any kind;
Used litter box remains;
Milk, cheese, sour cream or other dairy products;
Lard, oils, or oil-based foods;
Mayonnaise or salad dressing;
Peanut butter;
Whole grains (rice, wheat, barley, etc.);
Items not normally composted;
Plants that are diseased; and
Items not biodegradable.
Section 54-23. Reserved.
Section 54-24. Parking Prohibited on Front and Side Yards.
It shall be unlawful for a person to park or allow to remain parked a motor vehicle,a)
construction vehicle, boat, personal water craft or trailer of any kind (except those defined in
subparagraph b) at any time in the side or front yard in any single-family residential zoned
district, unless parked on a well maintained parking area extending from the curb, street or alley
in a contiguous course and constructed of concrete or asphalt; and
b)Subject to subparagraph c), it
b)When recreational vehicles allowed. It shall be unlawful for a person to place,
park or allow to remain parked a recreational, or maintain any recreation vehicle,
(as defined below) for more than 72 hours on any lot in any location in the portion
of such lot between the street and the closest portion of a building structure. For
purposes of thisherein, on any public street in the City for a period in excess of
seventy-two (72) hours. Recreational vehicles shall be allowed on a lot, tract or
parcel of land in the City under the following conditions:
Front and side yards. A recreational vehicle may be parked in the driveway in (1)
front or side yard building line provided that the vehicle must be parked on the
property; i.e., it may not overhang the property line or sidewalk.
Behind the front or exterior side yard building line. A recreational vehicle (2)
may be parked behind the front exterior side yard building line provided,
however, that it may not be parked in an interior side yard within five (5) feet
of any main building.
c)Occupancy prohibited. Recreational vehicles shall not be temporarily or
permanently occupied as a habitation while in the City and shall not be connected
to public or private utilities except when located in an approved recreational or
mobile home park.
50636240.4 25
d)For purposes of section 54-23b),54.24,“recreational vehicle” means a bus
conversion, Class “A” camper, Class “C” camper, travel trailer, fifth wheel trailer,
or pop-up camper.
c)Subparagraph b) shall not apply to any recreational vehicle that, as of January 1,
2009, had been regularly parked on a well maintained concrete or asphalt parking
area in a manner that is otherwise prohibited by subparagraph b) if, no later than
March 1, 2009, the owner of the recreational vehicle applies to the City Marshal’s
Department for a permit hereunder. The application for such permit shall require
the applicant to provide information acceptable to the Code Official that
establishes that the recreational vehicle and its parking area qualify under the first
sentence of this subsection; that confirms that the applicant is the owner of the
recreational vehicle; that identifies the recreational vehicle by vehicle
identification number; and that clearly describes the location of the recreational
vehicle parking area. There shall be no charge for such permit. Any permit
issued hereunder shall be clearly displayed in the windshield of the recreational
vehicle when the recreational vehicle is parked on the property. Such permit shall
expire on the earliest to occur of the following:
1)the recreational vehicle is sold, otherwise disposed of, or destroyed or
substantially damaged;
2)the owner of the property (if the owner of the recreational vehicle) sells or
otherwise disposes of the property;
3)if the property is leased, the lease terminates; or
4)the recreational vehicle parking area is not well maintained (as determined
by the Code Official) or the parking area is removed by the property owner
or tenant.
The provisions of this subparagraph shall not exempt the recreational vehicle, its
owner, or the property on which it is parked from any law or other regulation
other than subparagraph b) above.
Section 57-25. Exterior Structure.
a)General – The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to public, health, safety or
welfare.
b)Protective Treatment – All exterior surfaces, including but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks, and fences
shall be maintained in good condition. Exterior wood surfaces, other than decay
resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treatment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors, and skylights
50636240.4 26
shall be maintained weather resistant and water tight. All metal surfaces subject to
rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit future rust and
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
c)Premises Identification – Buildings shall have approved address numbers placed
in a position to be plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four
inches (4”) high with a minimum stroke width of one-half inch (1/2”).
d)Structural Members – All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live
loads.
e)Foundation Walls – All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
f)Exterior Walls – All exterior walls shall be free from holes, breaks, and loose or
rotting materials and shall be maintained weatherproof and properly surface
coated where required to prevent deterioration.
g)Roofs and Drainage – The roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Roof drains, gutters
and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
h)Decorative Features – All cornices, belt courses, corbels, terra cotta trim, wall
facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
i)Overhang Extensions – All overhang extensions including, but not limited to
canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored so as to be kept
in a sound condition. When required, all exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic application of
weather-coating materials, such as paint or similar surface treatment.
j)Stairways, Decks, Porches and Balconies – Every exterior stairway, deck, porch,
and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage and capable of
supporting the imposed loads.
k)Chimneys and Towers – All chimneys, cooling towers, smoke stacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair.
50636240.4 27
All exposed surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials, such as
paint or similar surface treatment.
l)Handrails and Guards – Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good
condition.
m)Window, Skylight and Door Frames – Every window, skylight, door and frame
shall be kept in sound condition, good repair and weather tight. All glazing (glass)
materials shall be maintained free from cracks and holes. Every window, other
than a fixed window, shall be easily operable and capable of being held in position
by window hardware.
n)Insect Screens – Every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human consumption
are processed, manufactured, packaged or stored shall be supplied with approved
tightly fitting screens of not less than 16 mesh per inch and every screen door used
for insect control shall have a self-closing device in good working condition.
o)Doors – Doors providing access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with a deadbolt lock designed to
be readily operable from the side from which egress is to be made without the
need for keys, special knowledge or effort and shall have a lock throw of not less
than one inch (1”). Such deadbolt locks shall be installed according to
manufacturer’s specifications and maintained in good working order. For the
purpose of this section, a sliding bolt shall not be considered an acceptable
deadbolt lock.
p)Windows – Operable windows located in whole or in part within six feet (6’)
above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be
equipped with a window sash locking device.
q)Garage Doors – Shall be capable of being closed reasonably plumb, properly
attached and the exterior surface maintained weatherproof as required to prevent
deterioration.
Section 54-26. Interior Structure.25 – 54-27. Reserved.
a)Maintenance – The interior of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition.
Occupants shall keep that part of the structure, which they occupy or control, in a
clean and sanitary condition. Every owner of a structure containing a rooming
house, housekeeping units, a hotel, a dormitory, two or more dwelling units or
50636240.4 28
two or more nonresidential occupancies, shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior property.
b)Structural Members – All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
c)Interior Surfaces – All interior surfaces, including windows and doors, shall be
maintained in good, clean and sanitary condition. Peeling, chipping, flaking or
abraded paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be corrected.
d)Stairs and Walking Surfaces – Every stair, ramp, landing, balcony, porch, deck or
other walking surface shall be maintained in sound condition and good repair.
e)Handrails and Guards – Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good
condition.
f)Interior Doors – Every interior door shall fit reasonably well within its frame and
shall be capable of being opened and closed by being properly and securely
attached to jambs, headers or tracks as intended by the manufacturer of the
attachment hardware.
Section 54-27. Handrails and Guardrails.
Every exterior and interior flight of stairs having more than three (3) risers shall have a
handrail on one side of the stair and every open portion of a stair, landing, balcony, porch deck,
ramp, or other walking surface, which is more than thirty inches (30”) above the floor or grade
below, shall have a guards. Handrails shall not be less than thirty inches (30”) high or more than
forty-two inches (42”) high measured vertically above the nosing of the tread or above the
finished floor of the landing or walking surface. Guards shall not be less than thirty inches (30”)
high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Section 54-28. Rubbish and Garbage.
a)Accumulation of Rubbish or Garbage – All exterior property and premises, and
the interior of every structure, shall be free from any accumulation of rubbish or
garbage.
b)Disposal of Rubbish – Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers. The
owner of every occupied premise shall supply approved covered containers for
rubbish, and the owner of the premises shall be responsible for the removal of
rubbish. Dumping, pushing, sweeping or blowing of yard waste into City streets
or right-of-ways is also prohibited.
c) RefrigeratorsLarge Appliances – Storing large appliances (including freezers, a)
refrigerators, stoves, dishwashers, clothes washers, clothes dryers, and other
50636240.4 29
similar appliances) and similar equipment not in operation on the exterior areas of
the property is prohibited. The only exceptions shall be if the doors or any
self-latching devices are removed and the equipment is going to be discarded
during the City fall and spring cleanup or immediately taken to an approved
dumpsite.
d)Disposal of Garbage – Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
e)Containers – The operator of every establishment producing garbage shall
provide, and at all times cause to be utilized, approved leak proof containers
provided with close-fitting covers for the storage of such materials until removed
from the premises for disposal.
f) Time of Disposal – No trash or garbage containers will be placed on the curbb)
line earlier than twenty-four (24) hours prior to the time of the collection or left no
later than twenty-four (24) hours after the time of collection.
Dumpsters – It shall be unlawful to dispose of garbage, junk, rubbish, or other c)
trash in any dumpster for which the person disposing of such items does not have
the lawful right or permission to use.
Section 54-29. Texas Litter Abatement Act Adopted.
To prevent illegal dumping within the City, and to eliminate and abate the health and
safety hazards associated with and attributable to such illegal dumping, the City of
Schertz hereby adopts Chapter 365, the Texas Litter Abatement Act, of the Texas Health
and Safety Code, as amended from time to time, in its entirety herein, and it shall serve as
the City’s ordinance for illegal dumping.
Section 54-30. Extermination.
Infestation – All structures shall be kept free from insect and rodent infestation. Alla)
structures in which insects or rodents are found shall be promptly exterminated by approved
processes that will not be injurious to human health. After extermination, proper precautions
shall be taken to prevent re-infestation. Where the infestations are caused by defects in the
structure, the owner shall be responsible for extermination.
Owner – The owner of any structure shall be responsible for extermination withinb)
the structure prior to renting or leasing the structure.
Single Occupancy Structures – The occupant of a one-family dwelling or of ac)
single tenant nonresidential structure shall be responsible for extermination on the
premises.
50636240.4 30
Multiple Occupancy Structures – The owner of a structure containing two or mored)
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or shared areas of the
structure and exterior property. If infestation is caused by failure of an occupant to
prevent such infestation in the area occupied, the occupant shall be responsible for
extermination.
Occupant – The occupant of any structure shall be responsible for the continuede)
rodent and pest-free condition of the structure.
Section 54-31. Light, Ventilation and Occupancy Limitations31 – 54-33. Reserved.
a)Responsibility – The owner of the structure shall provide and maintain light,
ventilation and space conditions in compliance with this Article V. A person shall
not occupy as owner-occupant, or permit another person to occupy, any premises
that do not comply with the requirements of this Article V.
b)Habitable Spaces – Every habitable space shall have at least one window of
approved size facing directly to the outdoors or to a court. The minimum total
glazed area for every habitable space shall be 8 percent of the floor area of such
room. Wherever walls or other portions of the structure face a window of any
room and such obstructions are located less than three feet (3’) from the window
and extend to a level above that of the ceiling of the room, such window shall not
be deemed to face directly to the outdoors nor to a court and shall not be included
as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the unobstructed opening to the adjoining
room shall be at least 8 percent of the floor area of the interior room or space, but
not less than 25 square feet. The exterior glazing area shall be based on the total
floor area being served.
c)Common Halls and Stairways – Every common hall and stairway in residential
occupancies, other than in one-and-two family dwellings, shall be lighted at all
times with at least a 60 watt standard incandescent light bulb for each 200 square
feet of floor area or equivalent illumination, provided that the spacing between
lights shall not be greater than thirty feet (30’). In other than residential
occupancies, means of egress, including exterior means of egress, stairways shall
be illuminated at all times the building space served by the means of egress is
occupied with a minimum of 1 foot-candle at floors, landings and treads.
d)Other Spaces – All other spaces shall be provided with natural or artificial light
sufficient to permit the maintenance of sanitary conditions, and the safe
occupancy of the space and utilization of the appliances, equipment and fixtures.
e)Habitable Spaces – Every habitable space shall have at least one openable
window. The total openable area of the window in every room shall be equal to at
least forty-five percent (45%) of the minimum glazed area required in section
50636240.4 31
54-29b).Exception: Where rooms and spaces without openings to the outdoors
are ventilated through an adjoining room, the unobstructed opening to the
adjoining room shall be at least eight percent (8%) of the floor area of the interior
room or space, but not less than twenty-five (25) square feet. The ventilation
openings to the outdoors shall be based on the total floor area being ventilated.
f)Bathrooms and Toilet Rooms – Every bathroom and toilet room shall comply with
the ventilation requirements for habitable spaces in section 54-29e), except that a
window shall not be required in such spaces equipped with a mechanical
ventilation system. Air exhausted by a mechanical ventilation system from a
bathroom or toilet room shall discharge to the outdoors and shall not be
recalculated.
g)Cooking Facilities – Unless approved through the certificate of occupancy,
cooking shall not be permitted in rooming unit or dormitory unit, and a cooking
facility or appliance shall not be permitted to be present in the rooming unit or
dormitory unit. Exceptions:
1)Where specifically approved in writing by the Code Official.
2)Devices such as coffee pots and microwave ovens shall not be considered
cooking appliances.
h)Process Ventilation – Where injurious, toxic, irritating or noxious fumes, gases,
dusts, or mists are generated, a local exhaust ventilation sys tem shall be provided
to remove the contaminating agent at the source. Air shall be exhausted to the
exterior and not be recalculated to any space.
i)Clothes Dryer Exhaust – Clothes dryer exhaust systems shall be independent of all
other sys tems and shall be exhausted in accordance with the manufacturer’s
instructions.
j)Privacy – Dwelling units, hotel units, housekeeping units, rooming units and
dormitory units shall be arranged to provide privacy and be separate from other
adjoining spaces.
k)Minimum Room Widths – A habitable room, other than a kitchen, shall be not
less than seven feet (7’) in any plan dimension. Kitchens shall have a clear
passageway of not less than three feet (3’) between counter fronts and appliances
or counter fronts and walls.
l)Minimum Ceiling Heights – Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling
height of not less than seven feet (7’). Exceptions:
1)In one-and-two family dwellings, beams and girders spaced not less than
four feet (4’) on center and projecting not more than six inches (6”) below
the required ceiling height.
50636240.4 32
2)Basement rooms in one-and-two family dwellings occupied exclusively for
laundry, study or recreation purposes, having a ceiling height of not less
than six feet eight inches (6’8”) with not less than six feet four inches
(6’4”) of clear height under beams, girders, ducts, and similar obstructions.
3)Rooms occupied exclusively for sleeping, study or similar purposes and
having a sloped ceiling over all or part of the room, with a clear ceiling
height of at least seven feet (7’) over not less than one-third of the required
minimum floor area. In calculating the floor area of such rooms, only those
portions of the floor area with a clear ceiling height of five feet (5’) or
more shall be included.
m)Living and Bedroom Area – Every living room shall contain at least 120 square
feet and every bedroom shall contain at least seventy (70) square feet.
n)Access from Bedrooms – Bedrooms shall not constitute the only means of access
to other bedrooms or habitable spaces and shall not serve as the only means of
egress from other habitable spaces.
o)Water Closet Accessibility – Every bedroom shall have access to at least one
water closet and one lavatory without passing through another bedroom. Every
bedroom in a dwelling unit shall have access to at least one water closet and
lavatory located in the same story as the bedroom.
p)Prohibited Occupancy – Kitchens and non-habitable spaces shall not be used for
sleeping purposes.
q)Efficiency Unit – Nothing in this Article V shall prohibit an efficiency living unit
from meeting the following requirements:
1)A unit occupied by not more than two occupants shall have a clear floor
area of not less than 220 square feet. A unit occupied by three occupants
shall have a clear floor area of not less than 320 square feet. These
required areas shall be exclusive of the areas required by items 2) and 3)
below.
2)The unit shall be provided with a kitchen sink, cooking appliances and
refrigeration facilities, each having a clear working space of not less than
thirty inches (30”) in front. Light and ventilation conforming to this
Article V shall be provided.
3)The unit shall be provided with a separate bathroom containing a water
closet, lavatory and bathtub or shower.
4)The maximum number of occupants shall be three.
r)Food Preparation – All spaces to be occupied for food preparation purposes shall
contain suitable space and equipment to store, prepare and serve foods in a
50636240.4 33
sanitary manner. There shall be adequate facilities and service for the sanitary
disposal of food wastes and refuses, including facilities for temporary storage.
Section 54-32. Plumbing Facilities and Fixture Requirements.
a)Responsibility – The owner of the structure shall provide and maintain such
plumbing facilities and plumbing fixtures in compliance with these requirements.
A person shall not occupy as owner-occupant or permit another person to occupy
any structure premises, which does not comply with the requirements of this
Article V.
b)Dwelling Unit – Every dwelling unit shall contain its own bathtub or shower,
lavatory, water closet and kitchen sink which shall be maintained in a sanitary,
safe working condition. The lavatory shall be placed in the same room as the
water closet or located in close proximity to the door leading directly into the
room in which such water closet is located. A kitchen sink shall not be used as a
substitute for the required lavatory.
c)Rooming Houses - At least one water closet, lavatory and bathtub or shower shall
be supplied for each four rooming units.
d)Hotels – Where private water closets, lavatories and baths are not provided, one
water closet, one lavatory and one bathtub or shower having access from a public
hallway shall be provided for each four occupants.
e)Employees’ Facilities – A minimum of one water closet, one lavatory and one
drinking facility shall be available to employees. Drinking facilities shall be a
drinking fountain, water cooler, bottled water cooler or disposable cups next to a
sink or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
f)Toilet Room Privacy – Toilet rooms and bathrooms shall provide privacy and
shall not constitute the only passageway to a hall or other space, or to the exterior.
A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling.
g)Location – Toilet rooms and bathrooms serving hotel units, rooming units or
dormitory units or housekeeping units, shall have access by traversing not more
than one flight of stairs and shall have access from a common hall or passageway.
h)Location of Employee Toilet Facilities – Toilet facilities shall have access from
within the employees’ working area. The required toilet facilities shall be located
not more than one story above or below the employees’ working area and the path
of travel to such facilities shall not exceed a distance of 500 feet. Employee’s
facilities shall either be separate facilities or combined employee and public
facilities.Exception: Facilities that are required for employees in storage
structures or kiosk, which are located in adjacent structures under the same
50636240.4 34
ownership, lease or control, shall not exceed a travel distance of 500 feet from the
employees’ regular working area to the facilities.
i)Plumbing Systems and Fixtures – All plumbing fixtures shall be properly installed
and maintained in working order, and shall be kept free from obstructions, leaks
and defects and be capable of performing the function for which such plumbing
fixture are designed. All plumbing fixtures shall be maintained in a safe, sanitary
and functional condition.
j)Plumbing Sys tem Hazards – Where it is found that a plumbing system in a
structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, inadequate venting, cross connection, backsiphonage,
improper installation, deterioration or damage or for similar reasons, the Code
Official shall require the defects to be corrected to eliminate the hazard.
k)Water Sys tem in General – Every sink, lavatory, bathtub or shower, drinking
fountain, water closet or other plumbing fixture shall be properly connected to
either a public water sys tem or to an approved private water sys tem. All kitchen
sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with
hot or tempered and cold running water in accordance with the International
Plumbing Code.
l)Contamination – The water system shall be maintained free from contamination,
and all water inlets from plumbing fixtures shall be located above the flood level
rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs
or faucets to which hoses are attached and left in place shall be protected by an
approved atmospheric type vacuum breaker or an approved permanently attached
hose connection vacuum breaker.
m)Supply – The water supply sys tem shall be installed and maintained to provide a
supply of water to plumbing fixtures, devices and appurtenances in sufficient
volume and to pressures adequate to enable the fixtures to function properly,
safely and free from defects and leaks.
n)Water Heating Facilities – Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at
every required sink, lavatory, bathtub, shower and laundry facility at a temperature
of not less than 110ºF. A gas-burning water heater shall not be located in any
bathroom, toilet room, bedroom or other occupied room normally kept closed,
unless adequate combustion air is provided. An approved combination
temperature and pressure relief valve and relief valve discharge pipe shall be
properly installed and maintained on water heaters.
o)Sanitary Drainage System – All plumbing fixtures shall be properly connected to
either a public sewer system or to an approved private sewage disposal system.
p)Maintenance – every plumbing stack, vent, waste and sewer line shall function
properly and be kept free from obstructions, leaks, and defects.
50636240.4 35
q)Storm Drainage – Drainage of roofs and paved areas, yards and courts and other
open areas on the premises shall not be discharged in a manner that creates a
public nuisance.
Section 54-33. Mechanical and Electrical Requirements.
a)Responsibility – The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance with these
requirements. A person shall not occupy as owner-occupant or permit another
person to occupy any premises, which do not comply with the requirements of this
Article V.
b)Residential Occupancies – Dwellings shall be provided with heating facilities
capable of maintaining a room temperature of 68ºF in all habitable rooms,
bathrooms, and toilet rooms.
c)Occupiable Workspaces – Indoor Occupiable workspaces shall be supplied with
heat facilities capable of maintaining a room temperature of not less than 65ºF
during the time the space is occupied. Exceptions:
1)Processing, storage and operation areas that require cooling or special
temperature conditions.
2)Areas in which persons are primarily engaged in vigorous physical
activities.
d)Mechanical Equipment – All mechanical appliances, fireplaces, solid fuel-burning
appliances, cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition and shall be capable of
performing the intended function.
e)Service – The size and usage of appliances and equipment shall serve as a basis
for determining the need for additional electrical supply in accordance with the
National Electric Code. Dwelling units shall be served by a three-wire,
120/240-volt, single-phase electrical service having a rating of not less than 60
amperes.
f)Electrical Hazards – Where it is found that the electrical system in a structure
constitutes a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper
wiring or installation, deterioration or damage, or for similar reasons, the Code
Official shall require the defects to be corrected to eliminate the hazard.
g)Receptacles – Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every laundry area shall contain at least
one grounded-type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain at least one receptacle. Any new
bathroom receptacle outlet shall have ground fault circuit interrupter protection.
50636240.4 36
h)Elevators, Escalators and Dumbwaiters – Shall be maintained in compliance with
ASME A17.1. The most current certification of inspection shall be on display at
all times within the elevator or attached to the escalator or dumbwaiter, or the
certificate shall be available for public inspection and tests shall be performed at
not less than the periodical intervals listed in ASME A17.1, Appendix N.
i)Operation – In buildings equipped with passenger elevators, at least one elevator
shall be maintained in operation at all times when the building is occupied.
Exception:Buildings equipped with only one elevator shall be permitted to have
the elevator temporarily out of service for testing or servicing.
JUNK VEHICLES.ARTICLE VI.
Section 54-34. Declaration of Junk Vehicles as Public Nuisance.34 – Enforcement
Person authorized under this Chapter to administer the procedures set forth in this Chapter may
enter public or private property for the purposes specified in this Chapter to examine a vehicle or
vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal
of a nuisance vehicle or vehicle part.
Section 54-35 – Penalties.
Any person, who maintains, allows causes or permits a nuisance vehicle on public or (a)
private property commits a misdemeanor and upon conviction shall be subject to a
fine not to exceed $200.00. Each day a violation continues constitutes a separate
offense.
Upon conviction, the court may order the removal and abatement of the nuisance (b)
vehicle.
Section 54-36 – Junk vehicles declared public nuisance.
Junk Vehicles or parts thereof,A junked vehicle that areis located in a place where they areit is
visible from a public place or public right-of-way areis detrimental to the safety and welfare of
the general public,tendtends to reduce the value of private property,inviteinvites vandalism,
create acreates fire hazard, constitutehazards and constitutes an attractive nuisance creating a
hazard to the health and safety of minors, and areis detrimental to the economic welfare of the
City by producing urban blight adverse to the maintenance and continuing development of the
City, and as such are declared to beis a public nuisance.
Section 54-35. Junk Vehicle Notice37 – Junk vehicles prohibited on public property.
It is unlawful for a person to cause or permit a junked vehicle or a part of a junked (a)
vehicle to be placed or to remain on any public property or public right-of-way.
50636240.4 37
a) A notice of a Junk Vehicle violation must be personally delivered, or delivered by (b)
certified mail with a five (5) day return requested, or delivered by the United States
Postal Service with signature confirmation service to:vehicle that remains in
violation of this section for a period of more than 48 hours constitutes an abandoned
motor vehicle and may be dealt with under processes defined by state law for removal
of abandoned motor vehicles.
1)The last known registered owner of the nuisance;
2)Each lien holder of record of the nuisance; and
3)(i) the owner or occupant of the property on which the nuisance is located;
or (ii) if the nuisance is located on a public right-of-way, the owner of the
property adjacent to the right-of-way.
b)If the post office address of the last known registered owner of the Junk Vehicle is
unknown, a notice may be placed on the Junk Vehicle, or if the owner is located,
it may be personally delivered.
c)If the notice is returned undelivered,action to abate the nuisance shall be
continued to a date not earlier than the tenth (10th) day after the date of the return.
d)This notice shall include:
1)A description of the vehicle or parts thereof;
2)The vehicle identification number if available; and
3)The license plate number if available.
e)The notice must state that:
1)The nuisance must be abated and removed no later than the tenth (10th) day
after the date on which the notice was personally delivered or mailed; and
2)Any request for a hearing must be made before the ten (10) day period
expires.
Section 54-38 – Junk vehicles prohibited on private property.
It is unlawful for a person that owns or controls any real property to maintain, allow, (a)
cause or permit a junk vehicle to be placed or to remain on the property.
It is unlawful for a person to maintain, allow, cause or permit a junk vehicle to be (b)
placed or to remain on real property without the permission of the owner of the
property.
Section 54-36. Exemptions39 – Defenses to prosecution.
50636240.4 38
The following shall not be abatedare defenses to prosecution under this Article VI: (a)
section 54-38.
f)A1)The vehicle or vehicle parts that arepart is completely enclosed
within a building in a lawful manner where areand is not visible from a
right-of-waythe street or other public or private or public property.;
g)A2)The vehicle or vehicle parts that arepart is stored or parked in a
lawful manner on property that is zoned and approved for automotive
vehicle repair, if the vehicle or vehicle parts and the outdoor storage area
are maintained in a manner so that they do not constitute a health or safety
hazard.on private property in connection with the business of a licensed
vehicle dealer or junkyard;
h)A vehicle or vehicle parts covered by this Article stored by an owner on
the owner3)The vehicle is an unlicensed, operable or inoperable antique
or special interest vehicle stored by a collector on the collector’s property,
if the motor vehicle or parts and the outdoor storage area are maintained in
a manner so that they do not constitute a health hazard and are screened
from ordinary public view by means of a fence. Any variations from this
section must have the approval of City Council., trees, shrubbery or other
appropriate means; or
Section 54-37. Abatement of Junk Vehicles Declared a Public Nuisance.
Junk Vehicles, or parts thereof, are subject to being abated by the Code Official in
compliance with the notice requirements established in section 54-33.
Section 54-38. Disposal of Junk Vehicle.
Junk Vehicles and parts thereof may be disposed of by the Code Official by removal to a
scrap yard,a motor vehicle demolisher, or any suitable site to be processed as scrape or salvage
in the manner provided under Texas Transportation Code §683.078, as amended.
Section 54-39. Right to an Appeal.
Any person directly affected by a decision of the Code Official or a notice or order issued
under this section shall have the right to appeal to the City Manager or designated representative
provided that a written application for appeal is filed within ten (10) days after the day the
decision, notice or order was served.
Section 54-40. Conflict of Law
4)The vehicle is in an appropriate storage facility maintained by the City or
approved by the City.
(b)This section does not allow a person to leave a junk vehicle on private property
without the permission of the owner of the property.
50636240.4 39
Section 54-40 – Conflicts of law.
The authority to take possession of Junk Vehiclesjunk vehicles and the procedures
relating thereto, as adopted by the City under this Article VI,Chapter are to be construed in a
manner consistent with the general laws of the State of Texas. If the provisions or procedures
adopted by the City should conflict with the general laws of the State of Texas at any time,the
laws of the State of Texas general law shall prevailcontrol.
Section 54-41 – Notice to abate junk vehicle.
(a)For junk vehicles on private property as described in section 54-38, the City Marshal,
or his or her designee, will give written notice by (i) personal delivery; (ii) certified
mail, five-day return requested; or (iii) United States Postal Service with signature
confirmation service, to the last known registered owner of the vehicle, any lienholder
of record and the owner or occupant of the property on which the vehicle is located.
If the post office address of the owner is unknown, the notice may be placed on the
vehicle or hand delivered to the owner.
(b)The notice must state:
1)The existence and nature of the nuisance;
2)That the nuisance must be abated within ten days after the notice was
personally delivered or mailed;
3)That a request for a public hearing must be made within the ten-day
period or it will be automatically waived; and
4)That if the nuisance is not removed and a hearing is not requested within
the ten-day period, the City will remove or cause the removal of the junk
vehicle.
(c)If any notice is returned undelivered,official action to abate the junk vehicle shall be
continued to a date not less than the 11th day after the date of return.
(d)For junk vehicles on public property as described in section 54-37 which are not dealt
with as abandoned motor vehicles, written notice shall be given as described in
subsection (a) of this section, except that notice must be mailed to the occupant of the
public premises and to the owner or occupant of the premises adjacent to the public
right-of-way.
Section 54-42 – Public hearing in municipal court.
Upon the timely request for a hearing of any person to whom a notice was given (a)
regarding a junk vehicle, a public hearing will be held before a municipal court judge.
Notice of the time, date and location of the hearing will be provided to each person
who submitted a timely request for a hearing.
50636240.4 40
The issue at the hearing is whether the vehicle is a junk vehicle.(b)
At the hearing, unless proved otherwise by the owner, the vehicle is presumed to be (c)
inoperable.
If the judge finds the vehicle to be a junk vehicle, the judge will order the vehicle to (d)
be removed.
Any order requiring the removal of a junk vehicle or vehicle part must include a(e)
description of the vehicle and the vehicle identification number and license number, if
the information is available at the site. (State law reference – Transportation Code
683.076).
Section 54-43 – Removal of junk vehicle
The City may remove a junk vehicle at any time following a public hearing and order of
the judge or following the waiver of a hearing.
Section 54-44 – Disposal of junk vehicle
A junk vehicle or vehicle part will be disposed of by the City by removal to a scrap yard,
demolisher or any suitable site for processing as scrap or salvage, and any reconstruction or
work to make the vehicle operable after being removed is prohibited.
Section 54-45 – Notice to state.
The City Marshal will give notice to the Texas Department of Transportation of the
removal of a nuisance vehicle not later than five days after its removal. The notice will
identify the vehicle or vehicle part. (State law reference – Transportation Code 683.074)
***
50636240.4 41
SECTION 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
SECTION 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
SECTION 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 7. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
PASSED AND APPROVED on first reading the 17th day of December, 2013.
PASSED AND FINALLY APPROVED on second and final reading the ____ day of
_________, 2014.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
[CITY SEAL]
50636240.4 42
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Document 1 ID interwovenSite://US_DMS/US19XX/50686640/1
Description #50686640v1<US19XX> - SCHERTZ Final Nuisance
Order (01-21-09 version - FOR REDLINE ONLY)
Document 2 ID interwovenSite://US_DMS/US19XX/50636240/4
Description #50636240v4<US19XX> - Schertz - Revised Nuisance
Ordinance - 2013
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ORDINANCE NO. 13-H-51
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AMENDING THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER
54, NUISANCES; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1. AMENDMENT. Chapter 54, Nuisances, shall be amended as follows:
CHAPTER 54, NUISANCES
TABLE OF CONTENTS
ARTICLE I.
IN GENERAL
Section 54-1. Scope
Section 54-2. Duties and Powers of the Code Official
Section 54-3. Severability
Section 54-4. Requirements not Covered by this Chapter
Section 54-5. Abatement of Violation
Section 54-6. General Notices and Orders
Section 54-7. Reserved
Section 54-8. Removal or Correction by the City; Interest
on Expenses
Section 54-9. Restrictions Imposed on Property until Lien
is Cleared
Section 54-10. Statement of Expenses; Lien for Expenses
and for Interest on Expenses; Suit to Collect
Expenses and Interest; Foreclosure of Lien;
Proof of Expenses
Section 54-11. Transfer of Ownership
Section 54-12. Violations; Penalties
ARTICLE II.
DEFINITIONS
Section 54-13. Definitions
50636240.4 1
ARTICLE III.
NOISE
Section 54-14. Certain Acts Declared to be Noise Nuisances
ARTICLE IV.
ABANDONED HOUSEHOLD APPLIANCES
Section 54-15. Abandoned Large Household Appliances
Section 54-16. Responsibility of Owner or Person in Control
ARTICLE V.
PROPERTY MAINTENANCE REQUIREMENTS
Section 54-17. Building Standards
Section 54-18. Unsafe Structures and Equipment
Section 54-19. Emergency Measures
Section 54-20. Demolition
Section 54-21. General Responsibilities
Section 54-22. Exterior Property Areas; Nuisance Upon
Premises
Section 54-23. Reserved
Section 54-24. Parking Prohibited on Front and Side Yards
Section 54-25. Reserved
Section 54-26. Reserved
Section 54-27. Reserved
Section 54-28. Rubbish and Garbage
Section 54-29. Texas Litter Abatement Act Adopted
Section 54-30. Extermination
Section 54-31. Reserved
Section 54-32. Reserved
Section 54-33. Reserved
ARTICLE VI.
JUNK VEHICLES
Section 54-34. Enforcement
Section 54-35. Penalties
Section 54-36. Junk vehicles declared public nuisance
Section 54-37 Junk vehicles prohibited on public property
Section 54-38. Junk vehicles prohibited on private property
Section 54-39. Defenses to prosecution
Section 54-40. Conflicts of law
Section 54-41. Notice to abate junk vehicle
Section 54-42. Public hearing in municipal court
Section 54-43. Removal of junk vehicle
Section 54-44. Disposal of junk vehicle
Section. 54-45. Notice to state
50636240.4 2
ARTICLE I. IN GENERAL.
Section 54-1. Scope.
The provisions of this Chapter shall apply to all residential and nonresidential structures
and all premises, structures, equipment and facilities for light, ventilation, space, heating,
sanitation, protection from the elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance, whether now existing or existing in the future; the responsibility
of owners, operators and occupants; the occupancy of structures and premises, and for
administration, enforcement and penalties within the jurisdiction of the City and property within
5,000 feet outside the limits of the City, whether or not within the extraterritorial jurisdiction of
the City. (State law reference – LGC 217.042.)
Section 54-2. Duties and Powers of the Code Official.
a) Generally – The City Health Official, hereinafter referred to in this Chapter as the
Code Official, is hereby authorized and directed to enforce the provisions of this
Chapter and other related ordinances and regulations of the City. The Code
Official shall have the authority to render interpretations of this Chapter and to
adopt policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies, and procedures shall be in compliance with the
intent and purpose of this Chapter and shall not have the effect of waiving
requirements specifically provided for in this Chapter. The Code Official is a
member of the City Marshal’s Department, which shall have overall enforcement
authority as to this Chapter. The foregoing is not intended, and shall not be
interpreted, to limit the authority of the City’s police department or of any other
applicable law enforcement department or agency with applicable jurisdiction
from enforcing the provisions of this Chapter, which police department and any
other applicable law enforcement department(s) or agency(ies) with applicable
jurisdiction shall also have enforcement authority.
b) Reports – The Code Official shall give attention to the health and sanitary
conditions of the City and report to the City Council periodically, making
recommendations as necessary conducive to the cleanliness of the City and the
general health of the citizens.
c) Right of Entry – It shall be unlawful for any person to interfere, hinder, or delay
the Code Official or other City deputies, inspectors, or officers in the discharge of
any duties under this Chapter or to refuse to comply with the orders of the Code
Official. The Code Official shall issue all necessary notices or orders to ensure
compliance with this Chapter.
50636240.4 3
d) Inspections – The Code Official shall respond to complaints related to violations
of this Chapter and shall conduct inspections related to ensuring compliance with
all state and local requirements governing general property maintenance.
e) Department Records – Official records shall be kept of all complaints, reports,
citations, notices, and orders issued for violations of this Chapter. Such records
shall be retained in the official records of the City pursuant to the City’s document
retention policy.
f) No Liability – The Code Official and any other employees, personnel, or officers
charged with the enforcement of this Chapter while acting for the jurisdiction in
good faith and without malice in the discharge of the duties required by this
Chapter or other pertinent laws or ordinances, shall not thereby be rendered liable
personally and are hereby relieved from personal liability for any damage
accruing to persons or property as a result of any act or omission in the discharge
of official duties. Any suit instituted against the Code Official or any other
employee, personnel, or officer charged with enforcement of this Chapter because
of an act performed by such individual in the lawful discharge of duties under the
provisions of this Chapter shall be defended by legal representation provided by
the City until the final termination of the proceedings. The Code Official or any
other employee, personnel, or officer charged with enforcement of this Chapter
shall not be liable for cost in any such action, suit, or proceeding unless it is
determined by a court in a final non-appealable judgment that the individual did
not act in good faith without malice or that the individual acted outside the scope
of his or her duties.
Section 54-3. Severability.
If a section, subsection, sentence, clause, or phrase of this Chapter is, for any reason, held
to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of the
remaining portions of this Chapter.
Section 54-4. Requirements not Covered by this Chapter.
Requirements necessary for the strength, stability, or proper operation of an existing
fixture, structure, or equipment, or for the public safety, health, and general welfare and not
specifically covered by this Chapter, shall be determined by the Code Official or by other
applicable departments of the City.
Section 54-5. Abatement of Violation.
The imposition of the penalties herein prescribed shall not preclude the Code Official from
instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal
occupancy of a building, structure, or premises, or to stop an illegal act, business, or utilization
of a building, structure, or premises.
Section 54-6. General Notices and Orders.
50636240.4 4
a) Notice to Person Responsible – Whenever the Code Official determines that there
has been a violation of this Chapter or has grounds to believe that a violation has
occurred, notice shall be given to the owner, tenant, lessee, occupant, mortgagee,
agent, or lien holder, as applicable, in accordance with the provisions of this Sec.
54-6.
b) Form – Any notice given under this Chapter shall:
1) Be in writing;
2) Include a description of the applicable real estate to which the violation
relates sufficient for identification;
3) Include a statement of the violation or violations and why the notice is
being issued;
4) Include a correction order allowing seven (7) calendar days after the date
on the notice to make the repairs and improvements required to bring the
property or structure into compliance;
5) Inform the property owner of the right to appeal; and
6) Include a statement regarding the City’s right to file a lien.
c) Method of Service – Any notice given under this Chapter shall be deemed to be
properly served if a copy thereof is (State law reference – LGC 342.006.):
1) Delivered personally;
2) Sent by certified or first-class mail addressed to the last known address of
the property owner as recorded in the appraisal district records of the
appraisal district in which the property is located;
3) Posted on a placard attached to a stake driven into the ground on the
property to which the violation relates;
4) Posted on or near the front door of each building on the property to which
the violation relates; or
5) If personal service cannot be obtained, given by publication at least once.
d) Final Notice - In the notice, the City may inform the owner (either by regular mail
and a posting on the property or by personally delivering the notice), that if the
owner commits another violation of the same kind or nature on or before the first
anniversary of the date of the notice, the City, without further notice, may issue a
citation, correct the violation at the owner’s expense, and assess the expense
against the property. If the violation covered by a notice under this Chapter occurs
within the one-year period following issuance of the notice, and the City has not
50636240.4 5
been informed in writing by the owner of an ownership change, then the City
without notice may take any action permitted by Sec. 54-8 and assess its expenses
as provided in Sec. 54-9, 54-10, and Sec. 54-12.
e) Refused or Unclaimed – If the Code Official mails a notice to a person
responsible for a violation and the United States Postal Service returns the notice
as “refused” or “unclaimed”, the validity of the notice is not affected, and the
notice is considered to have been delivered.
Section 54-7. Reserved.
Section 54-8. Removal or Correction by the City; Interest on Expenses.
In the event the owner, tenant, lessee, agent, or occupant of any lot, parcel, or premises
fails to remove or remedy any condition described in this Chapter within seven (7) calendar days
after notice has been given, the City may do whatever is deemed necessary to remove or remedy
the condition, or cause the same to be done, and charge the expenses incurred thereby to the
owner, tenant, agent, lessee, or occupant of the lot, parcel, or premises, and such expenses shall
be assessed as a lien against the real estate upon which the work is done. A statement of
expenses incurred will be certified by the City Secretary and sent to the violator of this Chapter.
That person will be given a period of fifteen (15) calendar days for total reimbursement to the
City. Upon the expiration of fifteen (15) calendar days, the amount of such unpaid expenses shall
bear ten percent (10%) per annum interest from the date certified by the City Secretary.
Section 54-9. Restrictions Imposed on Property until Lien is Cleared.
In the event no collection can be made by the City of expenses incurred in removing or
remedying any of the conditions and before and after a lien is filed against such property, the
City shall have the right to impose the following restrictions on such property until such lien is
cleared:
a) No building permit of any type will be issued by the City with respect to the
property involved, including building improvement, remodeling or modification
permits; and
b) A fee of $200.00 will be levied against the violator as an administrative fee to
cover the costs of filing a lien against the property.
Section 54-10. Statement of Expenses; Lien for Expenses and for Interest on Expenses; Suit
to Collect Expenses and Interest; Foreclosure of Lien; Proof of Expenses.
a) Statement of Expenses – The City Manager or his/her designated representative
may file, with the County Clerk of the county or counties in which the property is
located, a statement of expenses incurred under Sec. 54-8 stating the following
(State law reference – LGC 342.007.):
1) The amount of such expenses;
50636240.4 6
2) The date on which such expenses were certified by the City Secretary;
3) The name of the property owner, if known; and
4) The legal description of the property.
b) Lien for Expenses and for Interest on Expenses – Upon filing a Statement of
Expenses described in Sec. 54-10(a), the City shall have a lien against the
property to secure the expenses and interest, which lien is superior to all other
liens except for tax liens and liens for street improvements. (State law reference
– LGC 342.007.)
c) Suit to Collect Expenses and Interest; Foreclosure of Lien – (State law reference
– LGC 342.007.)
1) The City may bring suit for foreclosure of the lien to recover the expenses
and interest; and
2) The City may foreclose a lien under this Chapter as provided by Section
33.91 of the Texas Tax Code.
d) Proof of Expenses – A Statement of Expenses described in Sec. 54-10(a) or a
certified copy of a Statement of Expenses shall be prima facie proof of the amount
expended for such work or improvements. (State law reference – LGC 342.007.)
Section 54-11. Transfer of Ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage,
lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of
the compliance order or notice of violation have been complied with, or until such owner shall
first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or
notice of violation used by the Code Official and shall furnish to the Code Official a signed and
notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt
of such compliance order or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance order or notice of
violation.
Section 54-12. Violations.
a) Unlawful Acts – It shall be unlawful for a person to be in conflict with or in
violation of any of the provisions of this Chapter.
b) Penalties – Any violation by any person of this Chapter is declared to be unlawful
and a misdemeanor and any violation thereof shall be punished by a fine of not
less than $40.00 or more than $2,000.00. Any person in violation of this Chapter
and having paid a fine assessed for such violation shall not be relieved of the
expense incurred by the City in removing or remedying the condition prescribed
50636240.4 7
in this Chapter. Each day that a violation continues after due notice has been
served shall be deemed a separate offense. Paying the fine for the violation does
not relieve the person from remedying the violation.
ARTICLE II. DEFINITIONS.
Section 54-13. Definitions.
The following words, terms, and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Antique Vehicle – is a passenger car or truck that is at least twenty-five (25) years old.
Code Official – the City Health Official who is charged with the administration and enforcement
of this Chapter, or any duly authorized representative of such person.
Composting – means a controlled biological reduction of organic waste to humus.
Easement – means a strip of land extending along a property line or across a lot, for which a
limited right of use has been or is to be granted for a public or quasi-public purpose. No property
owner shall place any obstructions or structures in or along an Easement.
Garbage – means any rejected or waste household food composed of vegetable and animal
substances; or other waste. It shall be taken to mean and include all table and kitchen refuse of
every kind and description; also decaying vegetables and meats, or anything that will, or may,
decompose and become offensive or dangerous to health.
General nuisance – means any condition or use of a building, structure, lot, parcel, or premises
which is in an unsanitary, objectionable, or unsightly condition or injurious to public health,
which is detrimental to the property of others, or which causes, or tends to cause diminution in
the value of other property in the neighborhood in which such premises is located.
Inoperable Motor Vehicle – means (i) any motorized vehicle incapable of immediately being
driven and not properly licensed or inspected for safety in accordance with state law; (ii) a car,
truck, bus, or van that cannot be started and moved under its own power; (iii) a vehicle that is not
currently licensed, including a recreational vehicle or trailer, which is designed for travel on the
public roads; or (iv) an inoperable tractor or inoperable farm equipment.
Junk – means all worn out, worthless or discarded material, including, but not limited to, any of
the following materials, or parts of said materials or any combination thereof; new or used iron,
steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household
appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings
not currently in use; used lumber, brick, cement block, wire, tubing and pipe, drums, barrels,
and/or roofing material not currently in use; air conditioning and heating equipment not currently
in use; used vehicle components and parts not currently in use; used furniture other than that
50636240.4 8
designated for outdoor use; used and/or inoperative lawn care equipment and machinery not
currently in use; pallets, windows or doors not currently in use; new or used sheet metal,
structural steel and/or chain not currently in use; used and/or inoperable vending machines,
radios and/or televisions not currently in use; and any other type of used and/or inoperable
machinery not currently in use. Discarded bottles or cans. Any other building materials or
debris.
Junk Vehicle – is a vehicle that is self-propelled and does not have lawfully affixed to it both an
unexpired license plate and a valid motor vehicle safety inspection certificate (both a current
registration and inspection sticker shall be affixed to the windshield, if one of those is expired,
the vehicle is in violation); and is:
a) wrecked, dismantled or partially dismantled, or discarded; or
b) inoperable and has remained inoperable for more than seventy-two (72)
consecutive hours if the vehicle is on public property or thirty (30) consecutive
days if the vehicle is on private property. (State law reference – Transportation
Code 683.071.)
Lot or parcel – is defined and considered as having ordinary meaning but shall include, in
addition to the land within a lot or parcel boundary, all land adjacent to and extending beyond the
property line to the curb line of adjacent streets and, where no curb exists, to the existing street
surface. The word “lot” or “parcel” shall also include all land lying between the property line of
any lot or parcel and the center of adjacent easements.
Motor vehicle – means a vehicle that is subject to registration under Chapter 501 of the Texas
Transportation Code, as amended from time to time.
Motor vehicle collector – means a person who:
a) Owns one or more Antique Vehicle or Special Interest Vehicle; and
b) Acquires, collects, or disposes of an Antique Vehicle or Special Interest Vehicle
for personal use to restore and preserve an Antique Vehicle or Special Interest
Vehicle for historic interest.
Nuisance – means any condition, object, material or matter that is dangerous or detrimental to
human life or health; or that 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 threatens to become
detrimental to the public health; and shall include, but is not limited to: any abandoned wells,
abandoned household appliances, stagnant or unwholesome water, rubbish, junk, trash, debris or
refuse, impure or unwholesome matter of any kind, any objectionable, unsightly or unsanitary
matter of whatever nature.
Noise nuisance – means any unreasonably loud, disturbing noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof and is
hereby declared to be a nuisance.
50636240.4 9
Owner – means any person having a legal or equitable interest in the property in question; or
recorded in the official records of the state, county or municipality as holding title to such
property; or otherwise having control of such property, including the guardian of the estate of
any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
Person – as used in this Chapter shall be construed to impart the singular and plural as the case
demands, and shall include corporations, companies, societies, associations, firms, partnerships,
all other entities, and individuals.
Right-of-way – means a public or private area that allows for the passage of people or goods.
Right-of-way includes passageways such as freeways, streets, bike paths, alleys, and walkways.
In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting,
and drainage facilities, and may include special features such as landscaped areas.
Rubbish – means miscellaneous waste materials resulting from housekeeping, mercantile
enterprises, trades, manufacturing, and offices, including other waste matter, such as slag, stone,
broken concrete, fly ashes, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or
similar or related combinations thereof.
Special Interest Vehicle – is a motor vehicle of any age which has not been altered or modified
from the original manufacturer’s specifications and, because of its historic interest, is being
preserved by a hobbyist.
Structure – means that which is built or constructed on any property within the City.
Tenant – means a person, whether or not the legal owner of record, occupying a building or
portion thereof as a unit.
ARTICLE III. NOISE.
Section 54-14. Certain Acts Declared to be Noise Nuisances.
The following acts, among others, are declared to be nuisances in violation of this
Article, but said enumerations shall not be deemed to be exclusive:
a) The playing of any radio, tape recorder, cassette player, compact disk player,
DVD player, MP3 player, any digital device or any similar device or any musical
instrument in such a manner or with such volume, particularly during the hours
between 10:00 pm and 7:00 am, as to disturb the quiet, comfort or repose of
persons of ordinary sensibilities in any dwelling, hotel or other type of residence.
b) The use of any stationary loudspeaker or amplifier to such intensity that disturbs
persons of ordinary sensibilities in the immediate vicinity thereof; the use of any
stationary loudspeaker or amplifier operated on any day between the hours of
10:00 pm and 7:00 am.
50636240.4 10
c) 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.
d) The continued or frequent sounding of any horn or signal device on any
automobile, motorcycle, bus, or other vehicle except as a danger or warning
signal; the creation by means of any such said device of any unreasonable loud or
harsh noise for any unreasonable period of time.
e) The running of any automobile, motorcycle, or vehicle so out of repair, so loud or
in such manner as to create loud or grating, grinding, jarring, or rattling noise or
vibration.
f) The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or boat engine except through a
muffler or other device which will effectively prevent loud or explosive noises
therefrom.
g) The use of any mechanical device operated by compressed air, unless the noise to
be created is effectively muffled and reduced.
h) Commercial contractors are prohibited from the erection (including excavation),
demolition, alteration or repair work on any building or structure other than
between the hours of 7:00 am and 6:00 pm, on weekdays and 9:00 am to 5:00 pm
on Saturdays. Commercial contractors are prohibited from outdoor work
involving erection (including excavation), demolition, alteration or repair work
on unoccupied structures on Sundays. An exception can be made in case of urgent
necessity in the interest of public safety and convenience, and then only by
written permit from the City Manager or his/her designee, which permit may be
renewed by the City Manager or his/her designee, during the time the emergency
exists. All special requests must be submitted in writing.
i) The creation of any excessive noise on any street adjacent to any school or
institution of learning while in session or adjacent to any hospital which interferes
with the working of such institutions, providing conspicuous signs are displayed
in such manner indicating that the same is a school or hospital street.
j) The creation of any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening and destruction of bales, boxes, crates
and containers.
k) The raucous shouting and crying of peddlers, hawkers and vendors, which disturb
the peace and quiet of the neighborhood.
l) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noise to any performance, show or sale of
merchandise.
50636240.4 11
ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES.
Section 54-15. Abandoned Large Household Appliances.
It shall be unlawful for any person to cause or permit to be or remain upon any premises
under his control in a public or semi-public area that might be accessible to children, any large
appliance (including any freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer
and other similar appliances).
Section 54-16. Responsibility of Owner or Person in Control.
The owner or person in control of any large home appliance on any such property as described in
Sec. 54-15 shall not permit same to be discarded, abandoned, or stored as to create a public
nuisance of safety hazards.
ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS
Section 54-17. Building Standards.
The City has adopted certain building regulations and codes governing the minimum standards
for the continued use and occupancy of all buildings regardless of the date of their construction,
including, without limitation, those set forth in Section 54-18 below, in Chapter 18 of the City’s
Code of Ordinances, and elsewhere in the City’s Code of Ordinances.
Section 54-18.Unsafe Structures and Equipment.
a) Unsafe Structure – An unsafe structure is one that is found to be dangerous to the
life, health, property or safety of the public or the occupants of the structure by
not providing minimum safeguards to protect or warn occupants in the event of
fire, or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
b) Unsafe Equipment – Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure which is in
such disrepair or condition that such equipment is a hazard to life, health, property
or safety of the public or occupants of the premises or structure.
c) Structure Unfit for Human Occupancy – A structure is unfit for human occupancy
whenever the Code Official finds that such structure is unsafe, unlawful or
because of the degree to which the structure is in disrepair or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth or other contamination, or lacks
ventilation, illumination, sanitary or heating facilities, or lacks current water or
electric utilities, or other essential equipment required by this Article, or because
the location of this structure constitutes a hazard to the occupants of the structure
or to the public.
50636240.4 12
d) Unlawful Structure – An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under this Article, or which was erected,
altered or occupied contrary to law.
e) Closing of Vacant Structure – If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse, the Code
Official is authorized to post a placard of condemnation on the premises and order
the structure closed up so as not to be an attractive nuisance. Upon failure of the
owner to close up the premises within the time specified in the order, the Code
Official shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons, and the cost
thereof shall be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate and may be collected by any legal
resources.
Section 54-19.Emergency Measures.
When, in the opinion of the Code Official, there is imminent danger of failure or collapse
of a building or structure which endangers life, or when any structure or part of a structure has
fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or
operation of defective or dangerous equipment, the Code Official is authorized and empowered
to order and require the occupants to vacate the premises forthwith. The Code Official shall
cause to be posted at each entrance to such structure a notice reading as follows: “This structure
is unsafe, and its occupancy has been prohibited by the City of Schertz Code Official”. It
shall be unlawful for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or of demolishing the
same.
Section 54-20.Demolition.
a) General – The Code Official shall order the owner of any premises upon which is
located any structure, which in the Code Official’s judgment is so old,
dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy, such that it is unreasonable
to repair the structure, and to demolish and remove such structure; or if such
structure is capable of being made safe by repairs, to repair and make safe and
sanitary or to demolish and remove at the owner’s option; or where there has been
a cessation of normal construction of any structure for a period of more than two
years, to demolish and remove such structure.
b) Failure to Comply – If the owner of a premises fails to comply with a demolition
order within the time prescribed, the Code Official shall cause the structure to be
demolished and removed, either through an available public agency or by contract
or arrangement with private persons, and the cost of such demolition and removal
50636240.4 13
shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate.
c) Salvage Material – When any structure has been ordered demolished and
removed, the City or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials at the
highest price reasonably obtainable. The net proceeds of such sale, after deducting
the expenses of such demolition and removal, shall be promptly remitted with a
report of such sale or transaction, including the items of expense and the amounts
deducted, to the person who is entitled thereto, subject to any order of a court. If
such a surplus does not remain to be turned over, the report shall so state.
d) Procedure (State law reference – LGC 214.001.) –
1) A public hearing shall be held before the City’s Board of Adjustment to
determine whether the building complies with the City’s minimum
standards for the continued use and occupancy of all buildings regardless
of the date of their construction (see Section 54-17 above) in connection
with any person directly affected by a decision of the Code Official or a
notice or order issued under Section 54-20.
2) The parties to any proceeding under this Section 54-20 before the City’s
Board of Adjustment shall have the right to appeal the decision of the
City’s Board of Adjustment to the State District Court within 10 days of
such decision, or to the extent that Section 214.0012 of the Texas Local
Government Code applies, within 30 days.
3) The City Marshal or his/her designee and the Director of Development
Services or his/her designee shall present all cases related to this Section
54-20 on behalf of the City before the Board of Adjustment.
4) Whenever it is determined that there are reasonable grounds to believe that
there has been a violation of any provision of this Section 54-20 or of any
rule or regulation adopted pursuant thereto, notice of such alleged
violation shall be given to the owner, and as applicable and as more fully
described below, to each lienholder and mortgagee. Such alleged
violations shall constitute a nuisance.
5) A notice of a hearing sent to an owner, lienholder, or mortgagee under this
Section 54-20 must include a statement that the owner, lienholder, or
mortgagee will be required to submit at the hearing proof of the scope of
any work that may be required to comply with the ordinance and the time
it will take to reasonably perform the work.
6) After the public hearing, if a building is found in violation of standards,
the City’s Board of Adjustment may order that the building be vacated,
secured, repaired, removed, or demolished by the owner within a
reasonable time as provided below. The City’s Board of Adjustment also
50636240.4 14
may order that the occupants be relocated within a reasonable time. If the
owner does not take the ordered action within the allotted time, the City
shall make a diligent effort to discover each mortgagee and lienholder
having an interest in the building or in the property on which the building
is located. The City shall personally deliver, send by certified mail with
return receipt requested, or deliver by the United States Postal Service
using signature confirmation service, to each identified mortgagee and
lienholder a notice containing:
(i) an identification, which is not required to be a legal description, of
the building and the property on which it is located;
(ii) a description of the violation of municipal standards that is present
at the building; and
(iii) a statement that the City will vacate, secure, remove, or demolish
the building or relocate the occupants of the building if the ordered
action is not taken within a reasonable time.
7) As an alternative to the mortgagee and lienholder notice procedure
prescribed by Section 54-20(d)(6), the City may make a diligent effort to
discover each mortgagee and lienholder before conducting the public
hearing and may give them a notice of and an opportunity to comment at
the hearing. In addition, the City may file notice of the hearing in the
Official Public Records of Real Property in the county in which the
property is located. The notice must contain the name and address of the
owner of the affected property if that information can be determined, a
legal description of the affected property, and a description of the hearing.
The filing of the notice is binding on subsequent grantees, lienholders, or
other transferees of an interest in the property who acquire such interest
after the filing of the notice, and constitutes notice of the hearing on any
subsequent recipient of any interest in the property who acquires such
interest after the filing of the notice. If the City operates under this
section, the order issued by the City may specify a reasonable time in
accordance with the provisions set forth below for the building to be
vacated, secured, repaired, removed, or demolished by the owner or for
the occupants to be relocated by the owner and an additional reasonable
time in accordance with the provisions set forth below for the ordered
action to be taken by any of the mortgagees or lienholders in the event the
owner fails to comply with the order within the time provided for action
by the owner. Under this Section 54-20(d)(7), the City is not required to
furnish any notice to a mortgagee or lienholder other than a copy of the
order in the event the owner fails to timely take the ordered action.
8) Within 10 days after the date that the order is issued, the City shall:
(i) file a copy of the order in the office of the City Secretary; and
50636240.4 15
(ii) publish in a newspaper of general circulation in the City a notice
containing:
(a) the street address or legal description of the property;
(b) the date of the hearing;
(c) a brief statement indicating the results of the order; and
(d) instructions stating where a complete copy of the order may
be obtained.
9) After the hearing, the City shall promptly mail by certified mail with
return receipt requested, deliver by the United States Postal Service using
signature confirmation service, or personally deliver a copy of the order to
the owner of the building and to any lienholder or mortgagee of the
building. The City shall use its best efforts to determine the identity and
address of any owner, lienholder, or mortgagee of the building.
10) In conducting a hearing under this Section 54-20, the City’s Board of
Adjustment (if it finds that the building fails to comply with the City’s
minimum standards for the continued use and occupancy of all buildings
regardless of the date of their construction) shall require the owner,
lienholder, or mortgagee of the building to within 30 days:
(i) secure the building from unauthorized entry; or
(ii) repair, remove, or demolish the building, unless the owner or
lienholder establishes at the hearing that the work cannot
reasonably be performed within 30 days.
11) If the City’s Board of Adjustment allows the owner, lienholder, or
mortgagee more than 30 days to repair, remove, or demolish the building,
the City’s Board of Adjustment, in consultation with the Director of
Development Services or his/her designee and the Marshal or his/her
designee, shall establish specific time schedules for the commencement
and performance of the work and shall require the owner, lienholder, or
mortgagee to secure the property in a reasonable manner from
unauthorized entry while the work is being performed, as determined by
City’s Board of Adjustment, in consultation with the Director of
Development Services or his/her designee and the Marshal or his/her
designee.
12) The City’s Board of Adjustment may not allow the owner, lienholder, or
mortgagee more than 90 days to repair, remove, or demolish the building
or fully perform all work required to comply with the order unless the
owner, lienholder, or mortgagee:
50636240.4 16
(i) submits a detailed plan and time schedule for the work at the
hearing; and
(ii) establishes at the hearing that the work cannot reasonably be
completed within 90 days because of the scope and complexity of
the work.
13) If the City’s Board of Adjustment allows the owner, lienholder, or
mortgagee more than 90 days to complete any part of the work required to
repair, remove, or demolish the building, the Board shall require the
owner, lienholder, or mortgagee to regularly submit progress reports to the
Director of Development Services or his/her designee and the Marshal or
his/her designee to demonstrate compliance with the time schedules
established for commencement and performance of the work. The order
may require that the owner, lienholder, or mortgagee appear before
Director of Development Services or his/her designee and the Marshal or
his/her designee to demonstrate compliance with the time schedules. If
the owner, lienholder, or mortgagee owns property, including structures or
improvements on property, within the City boundaries that exceeds
$100,000 in total value, the City’s Board of Adjustment may require the
owner, lienholder, or mortgagee to post a cash or surety bond in an
amount adequate to cover the cost of repairing, removing, or demolishing
a building under this subsection. In lieu of a bond, the City’s Board of
Adjustment may require the owner, lienholder, or mortgagee to provide a
letter of credit from a financial institution or a guaranty from a third party
approved by the City. The bond must be posted, or the letter of credit or
third party guaranty provided, not later than the 30th day after the date the
City’s Board of Adjustment issues the order.
14) In a public hearing before the City’s Board of Adjustment to determine
whether a building complies with the minimum standards for the
continued use and occupancy of all buildings regardless of the date of their
construction, the owner, lienholder, or mortgagee has the burden of proof
to demonstrate the scope of any work that may be required to comply with
the minimum standards and the time it will take to reasonably perform the
work.
15) If the building is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated within the allotted time, the City may
vacate, secure, remove, or demolish the building or relocate the occupants
at its own expense. This subsection does not limit the ability of a City to
collect on a bond or other financial guaranty that may be required by
Section 54-20(d)(13).
16) If the City incurs expenses under Section 54-20(d)(15), the City may
assess the expenses on, and the City has a lien against, unless it is
expressly prohibited under applicable state law, the property on which the
50636240.4 17
building was located. The lien is extinguished if the property owner or
another person having an interest in the legal title to the property
reimburses the City for the expenses. The lien arises and attaches to the
property at the time the notice of the lien is recorded and indexed in the
office of the county clerk in the county in which the property is located.
The notice must contain the name and address of the owner if that
information can be determined with a reasonable effort, a legal description
of the real property on which the building was located, the amount of
expenses incurred by the City, and the balance due.
17) If the notice is given and the opportunity to relocate the tenants of the
building or to repair, remove, or demolish the building is afforded to each
mortgagee and lienholder as set forth in this Section 54-20, the lien is a
privileged lien subordinate only to tax liens.
18) The City satisfies the requirements of this Section 54-20 to make a diligent
effort, to use its best efforts, or to make a reasonable effort to determine
the identity and address of an owner, a lienholder, or a mortgagee if the
City searches the following records:
(i) county real property records of the county in which the building is
located;
(ii) appraisal district records of the appraisal district in which the
building is located;
(iii) records of the secretary of state;
(iv) assumed name records of the county in which the building is
located;
(v) tax records of the City; and
(vi) utility records of the City.
19) When the City mails a notice in accordance with this Section 54-20 to a
property owner, lienholder, mortgagee, or registered agent and the United
States Postal Service returns the notice as “refused” or “unclaimed,” the
validity of the notice is not affected, and the notice is considered
delivered.
20) In addition to the procedures set forth above, the City may secure, in
accordance with the procedures set forth below, a building that the City’s
Code Official determines (1) violates the minimum standards; and (2) is
unoccupied or is occupied only by persons who do not have a right of
possession to the building (State law reference – LGC 214.0011.):
50636240.4 18
(i) Before the 11th day after the date the building is secured, the City
shall give notice to the owner by:
(a) personally serving the owner with written notice;
(b) depositing the notice in the United States mail addressed to
the owner at the owner's post office address;
(c) publishing the notice at least twice within a 10-day period
in a newspaper of general circulation in the county in which the
building is located if personal service cannot be obtained and the
owner's post office address is unknown; or
(d) posting the notice on or near the front door of the building
if personal service cannot be obtained and the owner's post office
address is unknown.
(ii) The notice must contain:
(a) an identification, which is not required to be a legal
description, of the building and the property on which it is located;
(b) a description of the violation of the municipal standards
that is present at the building;
(c) a statement that the City will secure or has secured, as the
case may be, the building; and
(d) an explanation of the owner's entitlement to request a
hearing before the City’s Board of Adjustment about any matter
relating to the City’s securing of the building.
(iii) The City’s Board of Adjustment shall conduct a hearing at which
the owner may testify or present witnesses or written information
about any matter relating to the City’s securing of the building if,
within 30 days after the date the City secures the building, the
owner files with the City a written request for the hearing before
the City’s Board of Adjustment. The City’s Board of Adjustment
shall conduct the hearing within 20 days after the date the request
is filed.
(iv) The City has the same authority to assess expenses under this
Section 54-20(d)(20) as it has to assess expenses under Section
54-20(d)(16). A lien is created under this section in the same
manner that a lien is created under Section 54-20(d)(16) and is
subject to the same conditions as a lien created under that section.
50636240.4 19
Section 54-21. General Responsibilities.
a) Scope – The provisions of this Article V shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures, equipment, and
exterior property.
b) Responsibility – The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as otherwise
provided for in this Article V. A person shall not occupy as owner-occupant or
permit another person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this Article V.
Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible
for keeping in a clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they occupy and control.
c) Maintenance – All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein so as
not to cause a blighting problem or adversely affect the public health and safety.
Section 54-22. Exterior Property Areas; Nuisance Upon Premises.
a) No person owning, leasing, occupying or having charge of any premises shall
maintain or keep any nuisance thereon, nor shall any such person keep or
maintain such premises in a manner causing diminution in the value of the other
property in the neighborhood in which such premises are located.
b) It shall be unlawful for any person to permit or allow the keeping or the
depositing on, or the scattering over the premises of any of the following:
1) Lumber, junk, trash, debris, brush, garbage or animal, vegetable or mineral
matter and/or any composition of residue thereof with the exception of
Composting done in accordance with this Chapter;
2) Abandoned, discarded or unused objects or equipment such as furniture,
stoves, refrigerators, freezers or other appliances and including empty and
discarded cans or containers, inoperable motor vehicles, car parts, tires
and structurally unsound fences.
3) Any sign, notice, pole, post, and any other obstruction placed or painted
upon any sidewalk, street or in any public right-of-way within the
corporate limits of the City.
4) Excessive growth of weeds or other vegetation that exceeds eight inches
(8”) in height or is allowed to remain upon premises so as to become a
breeding place for flies, or insects or become offensive so as to emit foul
or noxious odors; excluding trees, fruits, vegetables, farm crops, bushes,
garden beds, flowers or other ornamental plants and Composting done in
accordance with this Chapter.
50636240.4 20
5) The accumulation of stagnant water permitted to remain thereon. Watering
beyond an individual’s property, or in a manner or amount which
encroaches on a neighbor’s property resulting in standing or stagnant
water is prohibited.
6) Inadequate or unsanitary sewage or plumbing facilities, contrary to public
health, safety or welfare.
7) It shall be unlawful and declared a nuisance for any person to dump, or
permit to be dumped, upon or along any drain, gutter, alley, easement,
sidewalk, street, right-of-way or vacant lot into or adjacent to water or any
other public or private property within the corporate limits of the City, any
unwholesome water, refuse, rubbish, trash, debris, weeds, brush, tree
cuttings, junk, garbage, impure or unwholesome matter of any kind or
other objectionable or unsightly matter of whatever kind.
c) In other areas of the City, that portion of any lot or parcel of land within fifty feet
(50’) of any open street or road or which is within seventy-five feet (75’) of any
building shall be kept completely free and clear of excessive growth of weeds and
vegetation that exceed eight inches (8”) in height. Abandoned and discarded
equipment and rubbish and stagnant water are also prohibited.
d) It shall be unlawful for any person owning, leasing, occupying or having charge
of any premises to permit the overhanging or protrusions of trees, brush and
shrubs over streets, sidewalk, alleys and easements.
1) Minimum clearance from street surface shall be fifteen feet (15’).
2) Minimum clearance in easements and alleys shall be fifteen feet (15’) in
height from entire width of easement.
3) Minimum clearance over sidewalks shall be eight feet (8’).
e) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall
be kept in a proper state of repair, and maintained free from hazardous conditions.
f) All structures and exterior property shall be kept free from rodent harborage and
infestation. Where rodents are found, they shall be promptly exterminated by
approved processes, which will not be injurious to human health. After
extermination, proper precautions shall be taken to eliminate rodent harborage
and prevent re-infestation.
g) All accessory structures, including detached garages, fences and walls, shall be
maintained structurally sound and in good repair.
h) No person shall willingly or wantonly damage, mutilate or deface any exterior
surface of any structure or building on any private or public property by placing
50636240.4 21
thereon any marking, carving or graffiti. It shall be the responsibility of the owner
to restore said surface to an approved state of maintenance and repair.
i) Composting – Nothing in this Chapter shall prohibit the composting of organic
waste or land application of composted organic waste. All compost piles shall be
maintained using the following approved composting standards:
(1) All compost piles shall be maintained so as to prevent the harborage of
rodents and pests. The presence of rodents in or near a compost pile shall
cause the City to issue a complaint.
(2) All compost piles shall be maintained so as to prevent unpleasant, rotten
egg-like, putrefactive, sweet, sour or pungent odors.
(3) No compost pile shall be located less than three (3) feet from the rear or
side property line or within twenty (20) feet of any home, patio, pool or
similar structure on the adjacent property.
(4) Compost piles shall not be located in the front or side yard; alleyways or
easements.
(5) Compost piles shall contain no more than a total of five (5) cubic yards of
end product on-site at any one time. Anyone requesting an increase in size
limitations must submit a request (in writing) to the Code Official and
demonstrate that the acreage is sufficiently sized and properly situated to
handle the increase.
(6) No compost pile shall be located where it will impede the natural free flow
of storm water drainage.
(7) Any vegetables, fruits, egg shells, fruit peels, rinds and hair must be
composted in such a way that these materials are buried in the center of
the pile at all times and so that none of these materials are exposed or
visible.
(8) Compost piles established in accordance with this Chapter shall be for
private use only. There shall not be commercial provision of material to be
composted or commercial use of the product of such composting.
(9) Every owner or operator shall be responsible for maintaining all property
under his/her control in accordance with these requirements.
(10) Compost piles may contain the following permitted ingredients:
• Yard waste, including leaves, sod and grass clippings;
• Untreated wood, wood chips and sawdust;
• Paper and straw;
50636240.4 22
• Empty egg shells;
• Coffee grounds and tea leaves;
• Vegetables, fruits and their remains (peels and rinds);
• Dryer lint and hair;
• Aquatic weeds;
• Evergreen needles;
• Organic garden waste; and
• Commercial compost additives.
No compost pile shall contain any of the following:
• Animal carcasses, fish, fowl, meat or other animal products;
• Manure or animal feces of any kind;
• Used litter box remains;
• Milk, cheese, sour cream or other dairy products;
• Lard, oils, or oil-based foods;
• Mayonnaise or salad dressing;
• Peanut butter;
• Whole grains (rice, wheat, barley, etc.);
• Items not normally composted;
• Plants that are diseased; and
• Items not biodegradable.
Section 54-23. Reserved.
Section 54-24.Parking Prohibited on Front and Side Yards.
a) It shall be unlawful for a person to park or allow to remain parked a motor
vehicle, construction vehicle, boat, personal water craft or trailer of any kind
(except those defined in subparagraph b) at any time in the side or front yard in
any single-family residential zoned district, unless parked on a well maintained
parking area extending from the curb, street or alley and constructed of concrete
or asphalt; and
b) When recreational vehicles allowed. It shall be unlawful to place, park, or
maintain any recreation vehicle, as defined herein, on any public street in the City
for a period in excess of seventy-two (72) hours. Recreational vehicles shall be
allowed on a lot, tract or parcel of land in the City under the following conditions:
(1) Front and side yards. A recreational vehicle may be parked in the driveway in
front or side yard building line provided that the vehicle must be parked on the
property; i.e., it may not overhang the property line or sidewalk.
(2) Behind the front or exterior side yard building line. A recreational vehicle
may be parked behind the front exterior side yard building line provided,
50636240.4 23
however, that it may not be parked in an interior side yard within five (5) feet
of any main building.
c) Occupancy prohibited. Recreational vehicles shall not be temporarily or
permanently occupied as a habitation while in the City and shall not be connected
to public or private utilities except when located in an approved recreational or
mobile home park.
d) For purposes of section 54.24, “recreational vehicle” means a bus conversion,
Class “A” camper, Class “C” camper, travel trailer, fifth wheel trailer, or pop-up
camper.
Section 54-25 – 54-27. Reserved.
Section 54-28. Rubbish and Garbage.
a) Large Appliances – Storing large appliances (including freezers, refrigerators,
stoves, dishwashers, clothes washers, clothes dryers, and other similar appliances)
and similar equipment not in operation on the exterior areas of the property is
prohibited. The only exceptions shall be if the doors or any self-latching devices
are removed and the equipment is going to be discarded during the City fall and
spring cleanup or immediately taken to an approved dumpsite.
b) Time of Disposal – No trash or garbage containers will be placed on the curb line
earlier than twenty-four (24) hours prior to the time of the collection or left no
later than twenty-four (24) hours after the time of collection.
c) Dumpsters – It shall be unlawful to dispose of garbage, junk, rubbish, or other
trash in any dumpster for which the person disposing of such items does not have
the lawful right or permission to use.
Section 54-29. Texas Litter Abatement Act Adopted.
To prevent illegal dumping within the City, and to eliminate and abate the health and
safety hazards associated with and attributable to such illegal dumping, the City of
Schertz hereby adopts Chapter 365, the Texas Litter Abatement Act, of the Texas Health
and Safety Code, as amended from time to time, in its entirety herein, and it shall serve as
the City’s ordinance for illegal dumping.
Section 54-30. Extermination.
a) Infestation – All structures shall be kept free from insect and rodent infestation.
All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent re-infestation.
50636240.4 24
Where the infestations are caused by defects in the structure, the owner shall be
responsible for extermination.
b) Owner – The owner of any structure shall be responsible for extermination within
the structure prior to renting or leasing the structure.
c) Single Occupancy Structures – The occupant of a one-family dwelling or of a
single tenant nonresidential structure shall be responsible for extermination on the
premises.
d) Multiple Occupancy Structures – The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or shared areas of the
structure and exterior property. If infestation is caused by failure of an occupant to
prevent such infestation in the area occupied, the occupant shall be responsible for
extermination.
e) Occupant – The occupant of any structure shall be responsible for the continued
rodent and pest-free condition of the structure.
Section 54-31 – 54-33. Reserved.
ARTICLE VI. JUNK VEHICLES.
Section 54-34 – Enforcement
Person authorized under this Chapter to administer the procedures set forth in this Chapter may
enter public or private property for the purposes specified in this Chapter to examine a vehicle or
vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal
of a nuisance vehicle or vehicle part.
Section 54-35 – Penalties.
(a) Any person, who maintains, allows causes or permits a nuisance vehicle on public or
private property commits a misdemeanor and upon conviction shall be subject to a
fine not to exceed $200.00. Each day a violation continues constitutes a separate
offense.
(b) Upon conviction, the court may order the removal and abatement of the nuisance
vehicle.
Section 54-36 – Junk vehicles declared public nuisance.
A junked vehicle that is located in a place where it is visible from a public place or public right-
of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of
private property, invites vandalism, creates fire hazards and constitutes an attractive nuisance
50636240.4 25
creating a hazard to the health and safety of minors and is detrimental to the economic welfare of
the City by producing urban blight adverse to the maintenance and continuing development of
the City and is a public nuisance.
Section 54-37 – Junk vehicles prohibited on public property.
(a) It is unlawful for a person to cause or permit a junked vehicle or a part of a junked
vehicle to be placed or to remain on any public property or public right-of-way.
(b) A vehicle that remains in violation of this section for a period of more than 48 hours
constitutes an abandoned motor vehicle and may be dealt with under processes
defined by state law for removal of abandoned motor vehicles.
Section 54-38 – Junk vehicles prohibited on private property.
(a) It is unlawful for a person that owns or controls any real property to maintain, allow,
cause or permit a junk vehicle to be placed or to remain on the property.
(b) It is unlawful for a person to maintain, allow, cause or permit a junk vehicle to be
placed or to remain on real property without the permission of the owner of the
property.
Section 54-39 – Defenses to prosecution.
(a) The following are defenses to prosecution under section 54-38.
1) The vehicle or vehicle part is completely enclosed within a building and is
not visible from the street or other private or public property;
2) The vehicle or vehicle part is stored or parked on private property in
connection with the business of a licensed vehicle dealer or junkyard;
3) The vehicle is an unlicensed, operable or inoperable antique or special
interest vehicle stored by a collector on the collector’s property, if the
vehicle and outdoor storage area are maintained in a manner so that they
do not constitute a health hazard and are screened from ordinary public
view by means of a fence, trees, shrubbery or other appropriate means; or
4) The vehicle is in an appropriate storage facility maintained by the City or
approved by the City.
(b) This section does not allow a person to leave a junk vehicle on private property
without the permission of the owner of the property.
Section 54-40 – Conflicts of law.
The authority to take possession of junk vehicles and the procedures relating thereto as
adopted under this Chapter are to be construed in a manner consistent with the laws of the State
50636240.4 26
of Texas. If the provisions or procedures adopted by the City should conflict with the laws of the
State of Texas, the laws of the State of Texas shall control.
Section 54-41 – Notice to abate junk vehicle.
(a) For junk vehicles on private property as described in section 54-38, the City Marshal,
or his or her designee, will give written notice by (i) personal delivery; (ii) certified
mail, five-day return requested; or (iii) United States Postal Service with signature
confirmation service, to the last known registered owner of the vehicle, any lienholder
of record and the owner or occupant of the property on which the vehicle is located.
If the post office address of the owner is unknown, the notice may be placed on the
vehicle or hand delivered to the owner.
(b) The notice must state:
1) The existence and nature of the nuisance;
2) That the nuisance must be abated within ten days after the notice was
personally delivered or mailed;
3) That a request for a public hearing must be made within the ten-day
period or it will be automatically waived; and
4) That if the nuisance is not removed and a hearing is not requested within
the ten-day period, the City will remove or cause the removal of the junk
vehicle.
(c) If any notice is returned undelivered, official action to abate the junk vehicle shall be
continued to a date not less than the 11th day after the date of return.
(d) For junk vehicles on public property as described in section 54-37 which are not dealt
with as abandoned motor vehicles, written notice shall be given as described in
subsection (a) of this section, except that notice must be mailed to the occupant of the
public premises and to the owner or occupant of the premises adjacent to the public
right-of-way.
Section 54-42 – Public hearing in municipal court.
(a) Upon the timely request for a hearing of any person to whom a notice was given
regarding a junk vehicle, a public hearing will be held before a municipal court judge.
Notice of the time, date and location of the hearing will be provided to each person
who submitted a timely request for a hearing.
(b) The issue at the hearing is whether the vehicle is a junk vehicle.
(c) At the hearing, unless proved otherwise by the owner, the vehicle is presumed to be
inoperable.
50636240.4 27
(d) If the judge finds the vehicle to be a junk vehicle, the judge will order the vehicle to
be removed.
(e) Any order requiring the removal of a junk vehicle or vehicle part must include a
description of the vehicle and the vehicle identification number and license number, if
the information is available at the site. (State law reference – Transportation Code
683.076).
Section 54-43 – Removal of junk vehicle
The City may remove a junk vehicle at any time following a public hearing and order of
the judge or following the waiver of a hearing.
Section 54-44 – Disposal of junk vehicle
A junk vehicle or vehicle part will be disposed of by the City by removal to a scrap yard,
demolisher or any suitable site for processing as scrap or salvage, and any reconstruction or
work to make the vehicle operable after being removed is prohibited.
Section 54-45 – Notice to state.
The City Marshal will give notice to the Texas Department of Transportation of the
removal of a nuisance vehicle not later than five days after its removal. The notice will
identify the vehicle or vehicle part. (State law reference – Transportation Code 683.074)
* * *
50636240.4 28
50636240.4 29
SECTION 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
SECTION 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
SECTION 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 7. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
PASSED AND APPROVED on first reading the 17th day of December, 2013.
PASSED AND FINALLY APPROVED on second and final reading the ____ day of
_________, 2014.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
[CITY SEAL]
ORDINANCE NO. 13-M-52
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS, CHAPTER 50, MISCELLANEOUS OFFENSES
AND PROVISIONS BY (1) REPEALING ARTICLE II, INSANITARY,
UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES, (2)
REPEALING SECTIONS 50-107, 50-108, 50-109, AND 50-110 OF
ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY
FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR
VEHICLES, AND (3) AMENDING SECTIONS 50-105 AND 50-111 OF
ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY
FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR
VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the provisions in the Code of Ordinances of the City of Schertz (the “City”),
Chapter 50, Miscellaneous Offenses and Provisions, Article II, Insanitary, Unsightly, Etc.,
Conditions on Private Premises (the “Miscellaneous Nuisance Ordinances”) are duplicative of
ordinances contained in the City’s Code of Ordinances, Chapter 54, Nuisances (the “Nuisance
Ordinances”); and
WHEREAS, in order to avoid confusion and to facilitate the orderly administration of the
City’s code enforcement and police activities, the City desires to repeal the Miscellaneous
Nuisance Ordinances; and
WHEREAS, portions of the provisions in the City’s Code of Ordinances, Chapter 50,
Miscellaneous Offenses and Provisions, Article III, Abandoned, Junked Property and Property
Found in Violation of Ordinance, Division 2, Motor Vehicles (the “Miscellaneous Motor
Vehicles Ordinances”) are duplicative of ordinances contained in the Nuisance Ordinances; and
WHEREAS, in order to avoid confusion and to facilitate the orderly administration of the
City’s code enforcement and police activities, the City desires to repeal and amend portions of
the Miscellaneous Motor Vehicles Ordinances as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The Miscellaneous Nuisance Ordinances are hereby repealed.
Section 2. The following sections of the Miscellaneous Motor Vehicles Ordinances are
hereby repealed: Sections 50-107, 50-108, 50-109, 50-110.
Section 3. The definitions of Antique vehicle, Collector, Junked vehicle, and Special
interest vehicle are hereby deleted from Section 50-105 of the Miscellaneous Motor Vehicles
Ordinances.
Section 4. Section 50-111 of the Miscellaneous Motor Vehicles Ordinances is hereby
deleted in its entirety and replaced with the following:
“Sec. 50-111. Conflict of law. The authority to take possession of
abandoned vehicles and procedures therefor, as adopted by the
City of Schertz, are to be construed in a manner consistent with
law of the State of Texas. If the provisions or procedures adopted
by the City of Schertz should conflict with the law of the State of
Texas at any time, Texas State law shall prevail.”
Section 5. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 6. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 7. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 8. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 9. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 10. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
* * *
50686424.1 - 2 -
50686424.1 - 3 -
PASSED ON FIRST READING, the 17th day of December, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
_____________, 2014.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
ORDINANCE NO. 13-D-53
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS, BY ADDING SECTION 86-18, NO
OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND
MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A
PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz, Texas (the “City”) has determined
that obstructions in streets can be dangerous and that preventing such obstructions promotes
public safety; and
WHEREAS, the City Council desires to enact a provision in the City’s Code of
Ordinances to further enable the City’s peace officers to enforce a restriction on obstructions
being placed in the City’s streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Section 86-18, Obstructions in street, is hereby added to Chapter 86, Traffic
and Motor Vehicles, Article I, In General, and shall read as follows:
“Sec. 86-18. No obstructions in street.
(a) Prohibition. No person shall place any unsafe obstruction
upon any street.
(b) Penalty.
(1) The violation by a person of this subsection shall be a
Class C misdemeanor, and, upon conviction, the violator shall be
fined an amount not exceeding $200.00 per offense.
(2) The purpose of this section is to promote safety and to
discourage the placement of unsafe obstructions in streets. The
courts may consider deferred dispositions under the Texas Code of
Criminal Procedure, as it currently exists or may be amended,
whenever the circumstances warrant deferred dispositions.”
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
50686467.3 - 2 -
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 17th day of December, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
_____________, 2014.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)