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~
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19 "CC;
APPROVED on first reading the ~ day of
day of
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Mayor, City o~
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xas
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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"""-
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,?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
\
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122 E. BYRD
512-658-74~
UNIVERSAL CIT'l, TX 78148