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2008H16-Nuisance FINAL ORDINANCE NO. 08-H-16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES, BE AMENDED BY DELETING CHAPTER 54, NUISANCES AND REPLACING SAME WITH A REVISED CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; 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 to read as follows: Section 54-1. Section 54-2. Section 54-3. Section 54-4. Section 54-5. Section 54-6. Section 54-7. Section 54-8. Section 54-9. Section 54-10. Section 54-11. Section 54-12. "CHAPTER 54, NUISANCES TABLE OF CONTENTS ARTICLE I. IN GENERAL Scope Duties and Powers of the Code Official Severability Requirements not Covered by this Chapter Abatement of Violation General Notices and Orders Reserved Removal or Correction by the City Restrictions Imposed on Property until Lien is Cleared Statement of Expenses: Lien for and Interest on Expenses; Suit to Collect Expenses Transfer of Ownership Violations ARTICLE II. DEFINITIONS Section 54-13. Definitions ARTICLE III. NOISE Section 54-14. Certain Acts Declared to be Noise Nuisances Nusiance Ordn.doc -1- ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES Section 54-15. Section 54-16. Abandoned Large Household Appliances Responsibility of Owner or Person in Control ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS 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 54-1. Scope. Unsafe Structures and Equipment Emergency Measures Demolition General Responsibilities Exterior Property Areas; Nuisance Upon Premises Swimming Pools, Spas and Hot Tubs Parking Prohibited on Front and Side Yards Exterior Structure Interior Structure Handrails and Guardrails Rubbish and Garbage Extermination Light, Ventilation and Occupancy Limitations Plumbing Facilities and Fixture Requirements Mechanical and Electrical Requirements ARTICLE VI. JUNK VEHICLES Declaration of Junk Vehicle as Public Nuisance Junk Vehicle Notice Exemptions Antique or Special Interest Vehicles Located in a Residentially Zoned Neighborhood Abatement of Junk Vehicles Declared a Public Nuisance Disposal of Junk Vehicle Right to an Appeal Conflict of Law ARTICLE I. IN GENERAL. 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 Nusiance Ordn.doc -2- 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. 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. b) Appeals - The City Manager or his designated representative shall hear and decide on all appeals or orders, decisions, or determinations made by the Code Official relative to the application and interpretation ofthis Chapter. c) Reports - The Code Official shall give attention to the health and sanitary conditions of the City and report to the City Council once each month, making recommendations as necessary conducive to the cleanliness of the City and the general health of the citizens. d) Right of Entry - It shall be unlawful for any person to interfere, hinder, or 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. e) Inspections - The Code Official shall respond to all complaints and make all inspections necessary to ensure compliance with all state and local requirements governing general property maintenance. f) Department Records - Official records shall be kept of all complaints, reports, citations, notices and orders issued. Such records shall be retained in the official records of the City pursuant to the City's document retention policy. g) No Liability - The Code Official or employees charged with the enforcement of this Chapter while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Chapter or other pertinent laws or ordinances, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by the officer or employee in the lawful discharge of duties and under the provisions of this Nusiance Ordn.doc -3- Chapter shall be defended by legal representative of the City until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions ofthis Chapter. Section 54-3. Severability. If a section, subsection, sentence, clause or phrase of this Chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. Section 54-4. ReQuirements not Covered bv this Chapter. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure, or equipment, or for the public safety, health and general welfare, 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, conduct business, or utilization of the building, structure or premises. Section 54-6. General Notices and Orders. a) Notice to Person Responsible - Whenever the Code Official determines that there has been a violation of this Chapter or has grounds to believe that a violation has occurred, notice shall be given in a manner prescribed below to the person responsible for the violation. b) Form - Notices shall be in accordance with all the following: Nusiance Ordn.doc 1) 2) 3) Be in writing; Include a description of the real estate sufficient for identification; Include a statement of the violation or violations and why the notice is being issued; 4) Include a correction order allowing seven (7) days after the date of the notice to make the repairs and improvements required to bring the property or structure into compliance; 5) 6) Inform the property owner of the right to appeal; Include a statement regarding the City's right to file a lien. -4- c) Method of Service - Such notice shall be deemed to be properly served if a copy thereof is: I) Delivered personally; 2) Sent by certified or first-class mail addressed to the last known address of the property owner; or 3) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. d) 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 as delivered. Section 54-7. Reserved. Section 54-8. Removal or Correction bv the 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 this Chapter within seven (7) 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 expense incurred thereby to the owner, tenant, agent, lessee or occupant of the lot, parcel or premises, and such expense shall be assessed as a lien against the real estate upon which the work is done. A statement of expense 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) days for total reimbursement to the City. Upon the expiration of this 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. 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. 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. Nusiance Ordn.doc -5- Section 54-10.Statement of Expenses: Lien for and Interest on Expenses~ Suit to Collect Expenses. The City Manager or his designated representative of the City shall file a statement of expenses incurred under section 54-8 stating the amount of such expenses and the date of which costs of filing the lien with the municipal court clerk and the County Clerk of the county in which the lot or real estate is located, and the City shall have a privileged lien on such lot or real estate upon which the work is done or improvement made to secure the expenditures and interest, suit may be instituted for recovery, and forfeiture of such lien may be had in the name of the City; and the statement of expenses so made, or certified copy thereof; shall be prima facie proof of the amount expended for such work or improvements. 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, firm or corporation to be in conflict with or in violation of any of the provisions of this Chapter. b) Penalties - Any violation by any person, firm or corporation 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 in this Chapter. Each day that a violation continues after due notice has been served shall be deemed a separate offense. ARTICLE II. DEFINITIONS. Section 54-13. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meanIng: Antique Vehicle - is a passenger car or truck that is at least twenty-five (25) years old. Nusiance Ordn.doc -6- Code Official - the City Health Official who is charged with the administration and enforcement ofthis Chapter, or any duly authorized representative of such person. General nuisance - means any condition or use of a building, structure, lot, parcel, or premises which is in an unsanitary, objectionable, or unsightly condition or injurious to public health, which is detrimental to the property of others, or which causes, or tends to cause diminution in the value of other property in the neighborhood in which such premises is located. Junk Vehicle - is a vehicle that is self-propelled and; a) Does not have lawfully attached to it an unexpired license plate and a valid motor vehicle inspection certificate; and b) Is wrecked, dismantled or partially dismantled, or discarded; or c) Is 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. 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. Noise nuisance - means any unreasonably loud, disturbing noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof and is hereby declared to be a nuisance. Owner - any person, agent, operator, firm or corporation having a legal or equitable interest in the property in question; or recorded in the official records of the state, county or municipality as holding title to such property; or otherwise having control of such property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person - as used in this Chapter shall be construed to impart the singular and plural as the case demands, and shall include corporations, companies, societies and associations. Nusiance Ordn.doc -7- 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 - a person, corporation, partnership or group, 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 III violation of this Article, but said enumerations shall not be deemed to be exclusive: a) The playing of any radio, phonograph or other 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 weekday between the hours of 10:30 pm and 7:00 am, or at any time on Sunday. c) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. d) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle except as a danger or warning signal; the creation by means of any such said device of any unreasonable loud or harsh noise for any unreasonable period of time. e) The running of any automobile, motorcycle, or vehicle so out of repair, so loud or in such manner as to create loud or grating, grinding, jarring, or rattling noise or vibration. f) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. g) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced. Nusiance Ordn.doc -8- h) The erection, including excavation, demolition, alteration or repair work on any building 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, except in case of urgent necessity in the interest of the public safety and convenience, and then only by written permit from the City Manager or his designee, which permit may be renewed by the City Manager or his 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. I) 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. 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 (freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer and other similar appliances). Section 54-16.Responsibility of Owner or Person in Control. a) The owner or person in control of any large home appliance on any such property as described in section 54-15 shall not permit same to be discarded, abandoned, or stored as to create a public nuisance of safety hazards. b) It shall be the responsibility of any such owner or person in control to remove or have removed any self-closing or self-locking mechanism or door from the appliance to be discarded, abandoned, or stored in public or semi-public areas which might be accessible to children. Nusiance Ordn.doc -9- ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS Section 54-17.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 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. 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 54-18.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 Nusiance Ordn.doc -10- 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 54-19.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 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. Section 54-20.General Responsibilities. a) Scope - The provisions of this Article V shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment, and exterior property. b) Responsibility - The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Article V. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Article V. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible Nusiance Ordn.doc -11- 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 54-21.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; 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, basketball goal, 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. 5) The accumulation of stagnant water permitted to remain thereon. 6) Inadequate or unsanitary sewage or plumbing facilities, contrary to public health, safety or welfare. c) In other areas of the City that portion of any lot or parcel ofland 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. Nusiance Ordn.doc -12- d) It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit the overhanging or protrusions of trees, brush and shrubs over streets, sidewalk, alleys and easements. 1) Minimum clearance from street surface shall be fifteen feet (15'). 2) Minimum clearance in easements and alleys shall be fifteen feet (15') in height from entire width of easement. 3) Minimum clearance over sidewalks shall be eight feet (8'). e) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. f) All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. g) All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. h) No person shall willingly or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Section 54-22.Swimming Pools, Spas and Hot Tubs. a) Swimming pools, spas and hot tubs shall be maintained in a clean and sanitary condition, and in good repair. b) Private swimming pools, spas and hot tubs containing water more than twenty- four inches (24") in depth shall be completely surrounded by a fence or barrier at least forty-eight inches (48") in height above the finished ground level measured on the side of the barrier away form the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four inches (54") above the bottom of the gate, the release mechanism shall be located on the poolside of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (6") from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Nusiance Ordn.doc -13- Section 54-23.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 at any time in the side or front yard in any single-family residential zoned district, unless parked on a well maintained parking area extending from the curb, street or alley in a contiguous course, and construction of concrete or asphalt. b) It shall be unlawful for a person to park or allow to remain parked a recreational vehicle (as defined below) for more than 72 hours (i) on a vacant lot or (ii) any other lot in any location in the portion of such lot between the street and the closest portion of a building structure on such lot to such street. For purposes of this section 54-23b), "recreational vehicle" means a bus conversion, Class A camper, Class C camper, travel trailer, fifth wheel trailer, or pop-up camper. Section 54-24.Exterior Structure. a) General - The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to public, health, safety or welfare. b) Protective Treatment - All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. c) Premises Identification - Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (4") high with a minimum stroke width of one-half inch (112"). d) Structural Members - All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. e) Foundation Walls - All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. Nusiance Ordn.doc -14- f) Exterior Walls - All exterior walls shall be free from holes, breaks, and loose or rotting materials and shall be maintained weatherproof and properly surface coated where required to prevent deterioration. g) Roofs and Drainage - The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. h) Decorative Features - All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. i) Overhang Extensions - All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. j) Stairways, Decks, Porches and Balconies - Every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. k) Chimneys and Towers - All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 1) Handrails and Guards - Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. m) Window, Skylight and Door Frames - Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing (glass) materials shall be maintained free from cracks and holes. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware. n) Insect Screens - Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every screen door used for insect control shall have a self-closing device in good working condition. Nusiance Ordn.doc -15- 0) Doors - Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily operable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one inch (1 "). Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. p) Windows - Operable windows located in whole or in part within six feet (6') above ground level or a walking surface below that provide access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be equipped with a window sash locking device. q) Garage Doors - Shall be capable of being closed reasonably plumb, properly attached and the exterior surface maintained weatherproof as required to prevent deterioration. Section 54-25.Interior Structure. a) Maintenance - The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure, which they occupy or control, in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas ofthe structure and exterior property. b) Structural Members - All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. c) Interior Surfaces - All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. d) Stairs and Walking Surfaces - Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. e) Handrails and Guards - Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. f) Interior Doors - Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Nusiance Ordn.doc -16- Section 54-26.Handrails and Guardrails. Every exterior and interior flight of stairs having more than three (3) risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch deck, ramp, or other walking surface, which is more than thirty inches (30") above the floor or grade below, shall have a guards. Handrails shall not be less than thirty inches (30") high or more than forty-two inches (42") high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than thirty inches (30") high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Section 54-27.Rubbish and Garbage. a) Accumulation of Rubbish or Garbage - All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. b) Disposal of Rubbish - Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. The owner of every occupied premise shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. c) Refrigerators - Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. d) Disposal of Garbage - Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. e) Containers - The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. f) Time of Disposal - No trash or garbage containers will be placed on the curb line earlier than twenty-four (24) hours prior to the time of the collection or later than twenty-four (24) hours after the time of collection. Section 54-28.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. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. Nusiance Ordn.doc -17- 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 54-29.Light, Ventilation and Occupancy Limitations. a) Responsibility - The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with this Article V. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements ofthis Article V. b) Habitable Spaces - Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of the structure face a window of any room and such obstructions are located less than three feet (3') from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being served. c) Common Halls and Stairways - Every common hall and stairway in residential occupancies, other than in one-and-two family dwellings, shall be lighted at all times with at least a 60 watt standard incandescent light bulb for each 200 square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty feet (30'). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 foot-candle at floors, landings and treads. Nusiance Ordn.doc -18- d) Other Spaces - All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. e) Habitable Spaces - Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least forty-five percent (45%) of the minimum glazed area required in section 54-29b). Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent (8%) of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based on the total floor area being ventilated. f) Bathrooms and Toilet Rooms - Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces in section 54-2ge), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recalculated. g) Cooking Facilities - Unless approved through the certificate of occupancy, cooking shall not be permitted in rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1) Where specifically approved in writing by the Code Official. 2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. h) Process Ventilation - Where injurious, toxic, irritating or noxious fumes, gases, dusts, or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recalculated to any space. i) Clothes Dryer Exhaust - Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. j) Privacy - Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. k) Minimum Room Widths - A habitable room, other than a kitchen, shall be not less than seven feet (7') in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (3') between counter fronts and appliances or counter fronts and walls. Nusiance Ordn.doc -19- 1) Minimum Ceiling Heights - Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (7'). Exceptions: 1) In one-and-two family dwellings, beams and girders spaced not less than four feet (4') on center and projecting not more than six inches (6") below the required ceiling height. 2) Basement rooms in one-and-two family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (6'8") with not less than six feet four inches (6'4") of clear height under beams, girders, ducts, and similar obstructions. 3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (7') over not less than one-third ofthe required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (5') or more shall be included. m) Living and Bedroom Area - Every living room shall contain at least 120 square feet and every bedroom shall contain at least seventy (70) square feet. n) Access from Bedrooms - Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. 0) Water Closet Accessibility - Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom. p) Prohibited Occupancy - Kitchens and non-habitable spaces shall not be used for sleeping purposes. q) Efficiency Unit - Nothing in this Article V shall prohibit an efficiency living unit from meeting the following requirements: 1) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. These required areas shall be exclusive of the areas required by items 2) and 3) below. 2) The unit shall be provided with a kitchen sink, cooking appliances and refrigeration facilities, each having a clear working space of not less than Nusiance Ordn.doc -20- thirty inches (30") in front. Light and ventilation conforming to this Article V shall be provided. 3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4) The maximum number of occupants shall be three. r) Food Preparation - All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and service for the sanitary disposal of food wastes and refuses, including facilities for temporary storage. Section 54-30.Plumbing Facilities and Fixture ReQuirements. a) Responsibility - The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure premises, which does not comply with the requirements of this Article V. b) Dwelling Unit - Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. c) Rooming Houses - At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. d) Hotels - Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each four occupants. e) Employees' Facilities - A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. f) Toilet Room Privacy - Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. Nusiance Ordn.doc -21- g) Location - Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. h) Location of Employee Toilet Facilities - Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet. Employee's facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosk, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet from the employees' regular working area to the facilities. i) Plumbing Systems and Fixtures - All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixture are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. j) Plumbing System Hazards - Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard. k) Water System in General - Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. 1) Contamination - The water system shall be maintained free from contamination, and all water inlets from plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric type vacuum breaker or an approved permanently attached hose connection vacuum breaker. m) Supply - The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and to pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks. n) Water Heating Facilities - Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at Nusiance Ordn.doc -22- every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 1100F. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. 0) Sanitary Drainage System - All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. p) Maintenance - every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks, and defects. q) Storm Drainage - Drainage of roofs and paved areas, yards and courts and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Section 54-31.Mechanical and Electrical ReQuirements. a) Responsibility - The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises, which do not comply with the requirements of this Article V. b) Residential Occupancies - Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 680F in all habitable rooms, bathrooms, and toilet rooms. c) Occupiable Workspaces - Indoor Occupiable workspaces shall be supplied with heat facilities capable of maintaining a room temperature of not less than 650F during the time the space is occupied. Exceptions: 1) Processing, storage and operation areas that require cooling or special temperature conditions. 2) Areas in which persons are primarily engaged III vIgorous physical activities. d) Mechanical Equipment - All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function. e) Service - The size and usage of appliances and equipment shall serve as a basis for determining the need for additional electrical supply in accordance with the National Electric Code. Dwelling units shall be served by a three-wire, 120/240- volt, single-phase electrical service having a rating of not less than 60 amperes. Nusiance Ordn.doc -23- f) Electrical Hazards - Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard. g) Receptacles - Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. h) Elevators, Escalators and Dumbwaiters - Shall be maintained in compliance with ASME A 17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection and tests shall be performed at not less than the periodical intervals listed in ASME A 17.1, Appendix N. i) Operation - In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. ARTICLE VI. JUNK VEHICLES. Section 54-32.Declaration of Junk Vehicle as Public Nuisance. Junk Vehicles or parts thereof, that are located in a place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tend to reduce the value of private property, invite vandalism, create a fire hazard, constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City, and as such are declared to be a public nUIsance. Section 54-33.Junk Vehicle Notice. a) A notice of a Junk Vehicle violation must be personally delivered, or delivered by certified mail with a five (5) day return requested, or delivered by the United States Postal Service with signature confirmation service to: The last known registered owner of the nuisance; 1) 2) 3) Each lien holder of record ofthe nuisance; and (i) the owner or occupant of the property on which the nuisance is located; or (ii) if the nuisance is located on a public right-of-way, the owner of the property adjacent to the right-of-way. Nusiance Ordn.doc -24- b) If the post office address of the last known registered owner of the Junk Vehicle is unknown, a notice may be placed on the Junk Vehicle, or if the owner is located, it may be personally delivered. c) If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the tenth (10th) day after the date ofthe return. d) This notice shall include: 1) A description ofthe vehicle or parts thereof; 2) The vehicle identification number if available; and 3) The license plate number if available. e) The notice must state that: 1) The nuisance must be abated and removed no later than the tenth (10th) day after the date on which the notice was personally delivered or mailed; and 2) Any request for a hearing must be made before the ten (10) day period expIres. Section 54-34.Exemptions. The following shall not be abated under this Article VI: a) A vehicle or vehicle parts that are completely enclosed within a building in a lawful manner where are not visible from a right-of-way or other public or private property. b) A vehicle or vehicle parts that are stored or parked in a lawful manner on property that is zoned and approved for automotive vehicle repair, if the vehicle or vehicle parts and the outdoor storage area are maintained in a manner so that they do not constitute a health or safety hazard. c) A vehicle or vehicle parts that is an Antique Vehicle or Special Interest Vehicle stored by a motor vehicle collector on the collector's property, if the motor vehicle or parts and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence. Any variations from this section must have the approval of City Council. Nusiance Ordn.doc -25- Section 54-35.AntiQue or Special Interest Vehicles Located in a Residentially Zoned Neighborhood. It shall be unlawful to maintain or store more than one Antique Vehicle or Special Interest Vehicle on a property zoned for residential use outlined within the Unified Development Code or Zoning Maps adopted by the City. Section 54-36.Abatement of Junk Vehicles Declared a Public Nuisance. Junk Vehicles, or parts thereof, are subject to being abated by the Code Official III compliance with the notice requirements established in section 54-33. Section 54-37.Disposal of Junk Vehicle. Junk Vehicles and parts thereof may be disposed of by the Code Official by removal to a scrap yard, a motor vehicle demolisher, or any suitable site to be processed as scrape or salvage in the manner provided under Texas Transportation Code S683.078, as amended. Section 54-38.Right to an Appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this section shall have the right to appeal to the City Manager or designated representative provided that a written application for appeal is filed within ten (10) days after the day the decision, notice or order was served. Section 54-39.Conflict of Law. The authority to take possession of Junk Vehicles and procedures relating thereto, as adopted by the City under this Article VI, are to be construed in a manner consistent with the general laws of the State of Texas. If the provisions or procedures adopted by the City should conflict with the general laws of the State of Texas at any time, Texas general law shall prevail." * * * Nusiance Ordn.doc -26- SECTION 2. SEVERABILITY. If any provision of this Ordinance is illegal, invalid, or unenforceable under present or future laws, then and in that event, the remainder of this Ordinance shall not be affected thereby. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. PASSED AND APPROVED on first reading the 8th day of April, 2008. ~/ PASSED AND FINALLY APPROVED on second and final reading the /Y day of April, 2008. ~ ' Mayor ATTEST: . ---.---) . ./'.-...-'...... ( ~>-j~~~ '-.....-G-i Secretary [CITY SEAL] Nusiance Ordn.doc S-l