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1989H12- RUBBISH OR NUISANCE ON PRIVATE PROPERTY ORDINANCE NO. ?rCj-.ff-/?- AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 10, ARTICLE II, SECTIONS 10-16 THROUGH 10-23 OF SAID CODE, PROVIDING GENERALLY FOR DEFINITIONS; MAINTENANCE OF WEEDS, UNCONTROLLED VEGETATION, RUBBISH OR NUISANCE ON PRIVATE PROPERTY; NUISANCE UPON THE PREMISES; WEEDS, VEGETATION, RUBBISH AND STAGNANT WATER IN A DEVELOPED AREA OR ON ANY LOT OR PARCEL; NOTICE TO OWNER TO REMOVE OR REMEDY; REMOVAL OR CORRECTION BY CITY; RESTRICTIONS IMPOSED ON PROPERTY UNTIL LIEN IS CLEARED; STATEMENT OF EXPENSES; LIEN FOR AND INTEREST ON EXPENSES; SUIT TO COLLECT EXPENSES; PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT Chapter 10, Article II, Sec. 10-16 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-16 Definitions. (a) Nuisance: For the purpose of this ordinance, the term nUlsance lS def ined to mean any condition or use of a lot, parcel, or premises which is in an unsanitary 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 premlses is located. 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, animal, and/or thereof; junk, trash, debris, garbage or vegetable or mineral matter any composition of residue 2. Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers or other appl iances and inc 1 uding empty and discarded cans or containers; 3. Excessive growth of weeds or other vegetation that exceeds eight (8) inches 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; 4. The accumulation of stagnant water permitted to remain thereon. (b) Lot or Parcel: The word lot or parcel for the purpose of this ordinance is defined and considered as having it's ordinary mean~ng but shall include, ~n 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." II THAT Chapter 10, Article II, Sec. 10-17 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-17. Maintenance of private property; nu~sance upon prem~ses. (a) No person own~ng, 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 ~n the value of the other property in the neighborhood in which such premises are located. (b) It shall be unlawful for any person own~ng, leasing, occupying or having charge of any premises to maintain or keep any nuisance upon the premises to such an extent as is reasonably -2- calculated to become injur10us to the health or safety of others." (c) It shall be unlawful for occupying or having charge of overhanging or protrusions of streets and easements. any any trees, person premises brush, owning, leasing, to permit the and shrubs over 1. Minimum clearance from street surface shall be fifteen (15') feet. 2. Minimum clearance in easements shall be fifteen (15') feet in height for entire width of easement. 3. Minimum feet. clearance over sidewalks shall be eight (8') III THAT Chapter 10, Article II, Sec. 10-18 of thc .Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 1 0-18. Weeds, vegetation, rubbish or stagnant water in a developed arca or on portions of any lot or parcel. (a) All property within a developed area of the City shall be kept completely free and clean of excessive growth of weeds and vegetation, abandoned and discarded equipment and rubbish, and stagnant water. (b) 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 (75') feet of any building shall be kept completely free and clear of excessive growth of weeds and vegetation, abandoned and discarded equipment and rubbish, and stagnant water." IV THAT Chapter 10, Article II, Sec. 10-19 of the Codc of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: Sec. 10-19. Notice to owner to remove or remedy. Whenever any condition described in Sec. 10-16, Sec.lO-17 or Sec. 10-18 is found to exist upon any lot, parcel or premises 1n the -3- City, the City Manager or his designated representative shall notify the owner, agent or occupant of such lot, parcel or premises to remove or remedy the conditions within ten (10) days after the date of such notice. Such notice shall be in writing and shall be served on the owner, agent or occupant 1n person or mailed via the United states Postal Service to the latest known address. In the event personal serV1ce cannot be had and the address is not known, such notice shall be published no less than one time in a newspaper that has general circulation within the City of Schertz, Texas." v THAT Chapter 10, Article II, Seo. 10-20 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-20. Removal or correction by City. 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 Sec. 10-16, Sec. 10-17, or Sec. 10-18 within ten (10) days after notice has been given as provided in Sec. lO-19, the City may do whatever is deemed necessary to remove or remedy the condition, or cause the same to to be done, and charge the expense incurred thereby to the owner, tenant, agent, lessee or occupant of the lot, parcel or premises, and such expense shall be assessed against the real estate upon which the work is done. A statement of the expense incurred will be certified by the City Secretary and sent to the violator of this ordinance. That person will be given a period of fifteen (15) days for total reimbursement to the City. Upon the expiration of this fifteen (15) day period, the amount of such unpaid expenses shall bear ten percent (10?6) per annum interest from the date certified by the City Secretary." VI THAT Chapter 10, Article II, Sec. 10-21 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-21. Restrictions imposed on property until lien 1S cleared. In the event no collection can be made by the City of expenses incurred in removing or remedying any of the conditions described in Sec. 10-16, Sec. 10-17 or Sec. 10-18, and before and after a -4- lien is filed against such right to impose the following such lien lS cleared: property, the City shall have the restrictions on such property until a. No building permit of any type will be issued by the City to include building improvement, remodeling or modi- fication. b. Fifty ($50.00) Dollar fee will be levied against the violator as an administrative fee to cover the costs of filing a lien against the property." VII THAT Chapter 10, Article II, Sec. 10-22 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-22. Statement of expenses; 1 ien for and interest on expenses; suit to collect expenses. The City Manager or the designated representative of the City shall file a statement of expenses incurred under Section 10-20 stating the amount of such expenses and the date of which the work was accomplished or improvements made, the amount to include the administrative costs of filing the lien with the County Clerk, 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 so made, in accordance with the provisions of Article 4435, VACS, which lien shall be second only to tax liens and liens for street improvements. For any expendi ture and interest, suit may be instituted for recovery, and forfeiture of such lien may be had in the name of the City; and the statements of expenses so made, or certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements." VIII THAT Chapter 10, Article II, Sec. 10-23 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-23. Penalties. -5- Any violation by any person, firm or corporation of this ordinance 1S declared to be unlawful and a misdemeanor and any violation thereof shall be punished by a fine of not less than forty dollars ($40.00) or more than one thousand dollars ($1000.00). Any person in violation of this ordinance 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 Sec. 10-16, sec. 10-17 or sec. 10-18." IX All ordinances and parts of ordinances in conflict with ordinance are hereby repealed. PASSED, APPROVED AND ADOPTED this the ~ /}11 0Jr. ..1'1.- D;J~ , 19 al... 19 "CC; APPROVED on first reading the ~ day of day of -, "j ~- // / //,' ;/ C /.....--~ /' Mayor, City o~ , '-~ xas / / ( ATTEST: ecretary, ity of Schertz Texas (SEAL OF CITY) -6- , March 23, 1989 TO: Mayor and City Council ~ Kerry Sweatt, City Manager Ka..- ~ Revision to Nuisance ordinanc: ~l FROM: S U8JECT: After discussion with the staff regarding current arrangements and problems in enforcement of the proposed requirement that property owners maintain, to the centerline, alleys, it appears to me the proposal should be revised. Due to the time, narrowness of right-of-way, need to protect meters and assure timeliness of cleanup, it appears the better arrangement would be for City crews to continue to maintain dedicated alleys at an approximate cost of $9,500 per year, but yet require property owners to maintain, to the centerline, open easement areas. We would suggest the word "alleys" be del eted from the current ordinance provision which was adopted on first reading, but might be amended prior to second and final passage by this change. Please let me know if we can furnish other information. CO"""- D~ ~ Cl2.oQo ., ~ .,.. ~ '6 ~ uJ~ ~ ~ r w. b f~ -Z- s~ . ~~ ~~ ~~ ~ '()~ A ~ ,?O<1..o...O~. 0 Q. , , DATE: March 29, 1989 TO: Steve Simonson - Asst. City Manager FROM: Don Brodeur - City Inspector SUBJECT: Over hanging trees and shrub Recommend the following be reviewed for possible inclusion in proposed Weed, Brush Ordinance: It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit the over hanging or 'protrusion of trees, brush, and shrubs over streets, and vehicular alleys or easements. Minimum clearance from street surface shall be fifteen feet. Minimum clearance in vehicular alleys and easements shall be fifteen feet in height for entire width of alley or easement. Minimum clearance over sidewalks shall be eight feet. cc: Mr. Kerry R. Sweatt ORDINANCE NO. AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER la, ARTICLE II, SECTIONS 10-16 THROUGH 10-23 OF SAID CODE, PROVIDING GENERALLY FOR DEFINITIONS; MAINTENANCE OF WEEDS, UNCONTROLLED VEGETATION, RUBBISH OR NUISANCE ON PRIVATE PROPERTY; NUISANCE UPON THE PREMISES; WEEDS, VEGETATION, RUBBISH AND STAGNANT WATER IN A DEVELOPED AREA OR ON ANY LOT OR PARCEL; NOTICE TO OWNER TO REMOVE OR REMEDY; REMOVAL OR- CORRECTION BY CITY; RESTRICTIONS IMPOSED ON PROPERTY UNTIL LIEN IS CLEARED; STATEMENT OF EXPENSES; LIEN FOR AND INTEREST ON EXPENSES; SUIT TO COLLECT EXPENSES; PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT Chapter 10, Article II, Sec. 10-16 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-16 Definitions. (a) Nuisance: For the purpose of this ordinance, the term nUlsance lS def ined to mean any condition or use of a lot, parcel, or premlses which is in an unsanitary 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 lS located. 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, animal f and/or thereof; junk, trash, debris, garbage or vegetable or mineral matter any composition of residue --_._._.._---,-------_..,----_.._--~..__..._.~_..._. . ,- ..-.-..-..--.....--......-.- .. - _._--~~"'._-._._._-'------_.._--- 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; 3. Excessive growth of weeds or other vegetation that exceeds eight (8) inches '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 odorsi excluding trees, fruits, vegetables, farm crops, bushes, garden beds, flowers or other ornamental plants; 4. The accumulation of stagnant water permitted to remain thereon. (b) Lot or Parcel: The word lot or parcel for the purpose of this ordinance is defined and considered as having it's 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 lct or parcel shall also include all land lying between the property line of any lot or parcel and the center of adjacent alleys or easements." II THAT Chapter 10, Article II, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-17 of the Code of Texas be amended so that said "Sec. 10-17. Maintenance of private property; 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 ownlng, leasing, occupying or having charge of any premises to maintain or keep any nuisance upon the premises to such an extent as is reasonably -2- calculated to become lnjurious to the health or safety of others." III THAT Chapter 10, Article II, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-18 of the Code or Texas be amended so that said "Sec. 10-18. Weeds, vegetation, rubbish or stagnant water ln a developed area or on portions of any lot or parcel. (a) All property within a developed area of the City shall be kept completely free and clean ~f excessive growth of weeds and vegetation, abandoned and discarded equipment and rubbish, and stagnant water. (b) 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 (75') feet of any building shall be kept completely free and clear of excessive growth of weeds and vegetation, abandoned and discarded equipment and rubbish, and stagnant water." IV THAT Chapter 10, Article II, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-19 of the Code of Texas be amended so that said Sec. 10-19. Notice to owner to remove or remedy. Whenever any condition described in Sec. 10-16, Sec.10-17 or Sec. 10-18 is found to exist upon any lot, parcel or premises in the City, the City Manager or his designated representative shall notify the owner, agent or occupant of such lot, parcel or premises to remove or remedy the conditions within ten (10) days after the date of such notice. Such notice shall be in writing and shall be served on the owner, agent or occupant in person or mailed via the United States Postal Service to the latest known address. In the event personal service cannot be had and the address is not known, such notice shall be published no less than one time in a newspaper that has general circulation within the City of Schertz, Texas." -3- v THAT Chapter 10, Article II, Ordinances of the City of Schertz, section shall read as follows: Sec. 10-20 of the Code of Texas be amended so that said "Sec. 10-20. Removal or correction by City. 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 Sec. 10-16, Sec. 10-17, or Sec. 10-18 within ten (10) days after notice has been given as provided in Sec. 10-19, the City may do whatever is deemed necessary to remove or remedy the condition, or cause the same to to "be done. and charge the expense incurred thereby to the owner, tenant. agent, lessee or occupant of the lot, parcel or premises, and such expense shall be assessed against the real estate upon which the work is done. ^ statement of the expense incurred will be certified by the City Secretary and sent: to the violator of this ordinance. That person will be glven a period of fifteen (15) days for total reimbursement to the City. Upon the expiration of this fifteen (15) day period, the amount of such unpaid expenses shall bear ten percent (10%) per annum interest from the date certified by the City Secretary." VI THAT Chapter 10, Article II. Ordinances of the City of Schertz, section shall read as follows: Sec. 10-21 of the Code of Texas be amended so that said "Sec. 10-21. Restrictions imposed on property until lien 1S cleared. In the event no coll ection can be made by the City of expenses incurred in removing or remedying any of the conditions described in Sec. 10-16. Sec. 10-17 or Sec. 10-18. 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 to include building improvement. remodeling or modi- fication. -4- -'-'--"---'---'-'-'---~~~"-"'"----'--'- ..-..-.. _._-- .----,..,----. ---_._..._----,._--~_.._- ... ..----.--------- b. Fifty ($50.00) Dollar fee will be levied against the violator as an administ'rative fee to cover the costs of filing a lien against the property." VII THAT Chapter 10, Article II, Sec. 10-22 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-22. statement of expenses; lien for and interest on expens~s; suit to collect expenses. The City Manager or the designated representative of the City shall file a statement of expenses incurred under Section 10-20 stating the amount of such expenses and the date of which the work was accomplished or improvements made, the amount to include the administrative costs of filing the lien with the County Clerk, 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 so made, in accordance with the provisions of Article 4435, VACS, which lien shall be second only to tax liens and liens for street improvements. For any expendi ture and interest, suit may be instituted for recovery, and forfeiture of such lien may be had in the name of the City; and the statements of expenses so made, or certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. 'I VIII THAT Chapter 10, Article II, Sec. 10-23 of the Code of Ordinances of the City of Schertz, Texas be amended so that said section shall read as follows: "Sec. 10-23. Penalties. Any violation by any person, firm or corporation of this ordinance is declared to be unlawful and a misdemeanor and any violation thereof shall be punished by a fine of not less than forty dollars ($40.00) or more than one thousand dollars ($1000.00). Any person in violation of this ordinance 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 Sec. 10-16, sec. 10-17 or sec. 10-l8," -5- IX All ordinances and parts of ordinances in conflict with ordinance are hereby repealed. APPROVED on first reading the ___ day of , 19 PASSED, APPROVED AND ADOPTED this the day of 19 Mayor, City of Schertz Texas ATTEST: City Secretary, City of Schertz Texas (SEAL OF CITY) -6- .". ...-......'-.---.---..- -.._-..---_._-"-~+~,-------_.._-_..._..._._._-..__._-,---.- A DMSION OF U ~~~~~~land 1 PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) (STATE OF TEXAS) I, Paul Davis, authorized representative of the LIFE NEWSPAPERS, do sOlemnly swear that the notice, a printed copy of whiCh is attached, was published once a week for 1 consecutive weekes) in the HERALD LIFE published at Universal City, Bexar County, Texas on the following date(s) to wit: April 13, 1989 Subscribed and sworn to before me, this April , 1989. e ~..... ~~ , diitlllUJCII . NO.IH+'ootI IlHORDINANCE PAOVIO- ING ~ntE COClE OF1 ORDIIWtCEI.. CITY OF SCHEfI'TZ, ,.n, XA8. BEl' ~ .....R!VI8lNG '\0. ART1CLE II, SECTIONS to.l. THfIOUGH10023OF fWD CODE. PAOYlOlNG CJEN. EIIALL Y FOR DEFINl., TIONS; MAINTENANCE I Of'WEI!l)S. UNCON- TI'lOLLED VEGETA11ON. RIJIBI8H OR NUIlWICE ON foRIVATE PAOPERrY; NUI8ANCE AND STAG- NNf1'_~'lMINAIIEYE' I.Of'IQ """" OR 9N AJoly LOT 011 PAACEl.; NO' TICE TO __ TO RE. IoIOVE OR REMeDY;RE. MOVAL OR CORREC. TION BY CITY; RESTRICTIQNS iM- l'OSED ON PROPERTY UNTIL UEH IS CLEARED; STATEMENt OF EX. mISE'; LIEN FOR AND INTERUT ON EX. ~; $I.!!T TO COL- !.EOl EX.,E"..ES; PE- NALTIE8;REPEAlING ALL ORDINANCES IN CONFLIC1'. P....d. approved and ~~4lII_oIAp1t1 , ..... G. ~, car 01_ &. J day of ~~~F~/Hd NO ARY PUBLIC S GNATURE Rebecca Sue Lauterbach Notary Public Printed or Typed Name My Commission Expires: 04/l7/91 \ v" 122 E. BYRD 512-658-74~ UNIVERSAL CIT'l, TX 78148