Ordinance 13-H-51 - Revised NuisanceORDINANCE 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 II.
DEFINITIONS
Section 54 -13. Definitions
50636240.4 1
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
PROPER
Section 54 -17.
Section 54 -18.
Section 54 -19.
Section 54 -20.
Section 54 -21.
Section 54 -22.
Section 54 -23.
Section 54 -24.
Section 54 -25.
Section 54 -26.
Section 54 -27.
Section 54 -28.
Section 54 -29.
Section 54 -30.
Section 54 -31.
Section 54 -32.
Section 54 -33.
Section 54 -34.
Section 54 -35.
Section 54 -36.
Section 54 -37
Section 54 -38.
Section 54 -39.
Section 54 -40.
Section 54 -41.
Section 54 -42.
Section 54 -43.
Section 54 -44.
Section. 54 -45.
ARTICLE V.
TY MAINTENANCE REQUIREMENTS
Building Standards
Unsafe Structures and Equipment
Emergency Measures
Demolition
General Responsibilities
Exterior Property Areas; Nuisance Upon
Premises
Reserved
Parking Prohibited on Front and Side Yards
Reserved
Reserved
Reserved
Rubbish and Garbage
Texas Litter Abatement Act Adopted
Extermination
Reserved
Reserved
Reserved
ARTICLE VI.
JUNK VEHICLES
Enforcement
Penalties
Junk vehicles declared public nuisance
-Junk vehicles prohibited on public property
Junk vehicles prohibited on private property
Defenses to prosecution
Conflicts of law
Notice to abate junk vehicle
Public hearing in municipal court
Removal of junk vehicle
Disposal of junk vehicle
Notice to state
50636240.4 2
ARTICLE I. IN GENERAL.
Section 54 -1. Scone.
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 Enhy — 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.
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d) Inspection s — 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.
i) 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 Chanter.
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 Res op nsible — 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 Citv; 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
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 IL 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.
C) 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.
1) 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.
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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) Scone — 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.
i) 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 Garbaee.
a) Large Appliance s — 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 iunk 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 iunk 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)
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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 7th day of
January, 2014.
Michae'II . Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
[CITY SEAL]
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