HomeMy WebLinkAboutOrdinance 3187 ORDINANCE NO. 3187
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 34 OF THE
NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES AND
CHANGING REGULATIONS DEFINING AND PROHIBITING PUBLIC
NUISANCES; ESTABLISHING A PENALTY AND AUTHORIZING
PUBLICATION.
WHEREAS, city staff has recommended changes to the definition and prohibitions,
regulations and notices relating to public nuisances; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT Sections 34 -32 and 34 -33 of the North Richland Hills Code of
Ordinances are hereby amended to read as follows:
"Sec. 34 -32. - Definitions.
Terms, words, phrases and their derivatives used, but not specifically defined in this
division, shall have the meanings defined in Webster's New Collegiate Dictionary.
Words used in the singular include the plural and the plural the singular. Words used in
the masculine gender include the feminine and the feminine the masculine. For
purposes of this division, the following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
Breeding ground means any scrub brush, wood pile, vegetation, food source or any
vegetation or material stored in such a way that attracts vermin's or insects.
Brush shall mean scrub vegetation, tree trimmings, shrubs or dense undergrowth.
Debris means all putrescible and nonputrescible solid wastes, including garbage, trash,
litter, junk, dead tree limbs or brush, rubbish, rubble, debris, ashes, wreckage, street
cleanings, dead animals, abandoned or inoperable household appliances, moveable
furniture and /or appliances not designed for or modified to withstand the elements and
outdoor use, and industrial wastes.
Enforcement officer means the chief of police, code compliance officer, consumer
health inspector or their designated representatives, charged with any enforcement and
administration of this article.
Exterior property area means the open space on the premises and on adjoining
property under the control of the owner or agent of such premises.
Filth shall mean any matter in a putrescent state.
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Fireworks means any sparkler, rocket, fire cracker, roman candle, torpedo or any other
substance in whatever combination used to obtain a visible or audible pyrotechnic
display and shall include all articles or substances with the commonly accepted
meaning of the word "fireworks."
Garbage means all putrescible waste, except body waste, including animal and
vegetable waste resulting from handling, preparation, cooking, storage or consumption
of food.
Graffiti means the unauthorized application of paint, ink, chalk, dye or other similar
substance, or other inscribed or engraved material on public or private structures
located on publicly or privately owned real property within the city.
Inoperable vehicle means a vehicle that is rendered temporarily or permanently
inoperable due to conditions such as, but not limited to, flat tire or tires, missing tires or
wheels, partially wrecked or dismantled, in a state of disrepair or otherwise
unserviceable or not driveable.
Inspection means the examination of property by the enforcement officer or his
authorized representative for the purpose of evaluating its condition as provided for in
this article.
Organism means a plant or animal.
Owner means any person, agent, firm, corporation, association or other entity having
legal or equitable interest in a property as shown on the most recent tax roll.
Person means any person, agent, firm, corporation, association or tenant.
Public nuisance means any act, condition or thing existing, done or in being, which act,
condition or thing endangers the peace, property, health, and safety of the citizens of
the city.
Putrescible means capable of becoming putrid, rotten, foul and offensive.
Rubbish means all nonputrescible wastes including, but not limited to, debris, tin cans,
bottles, papers, grass and weed cuttings, brush, leaves, paper boxes, wood or building
materials and tree limbs generally not exceeding three feet in length and generally not
exceeding a weight of more than 50 pounds.
Rubble means solid waste larger and heavier than rubbish, including but not limited to,
discarded appliances and furniture, large tree limbs, discarded fences, generally
exceeding three feet in length and 50 pounds in weight.
Tenant means any person, agent, firm, corporation, or association who occupies a
property or premises and who is not the owner.
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Vector means an organism that carries pathogens from one host to another.
Vehicle means any motor vehicle subject to registration under the Certificate of Title Act
(Chapter 501, Texas Transportation Code) and also shall include, but not be limited to,
trailers, recreational trailers, camper tops, boats and boat trailers or any associated
body or mechanical parts.
Yard, front, means the area extending across the entire width of the lot and situated
between the front lot line and the most extreme front corners of the building, or, in the
absence of a building, the area extending across the entire width of the lot to the front
building setback line.
Yard, rear, means the area extending across the entire width of the lot and situated
between the rear lot line and the most extreme rear corners of the building, or in the
absence of a building, the area extending across the entire width of the lot to the rear of
the rear building setback line.
Yard, side, means the area extending between the side lot line and the nearest and
most extreme side corners of the building or, in the absence of a building, the area
extending to the side yard building setback line and extending from the front yard to the
rear yard. This definition does not apply to a side yard adjacent to a street of corner lots.
Yard, side, adjacent to a street, means the area extending between the side lot line
adjacent to a street and the nearest and most extreme side corners of the building or, in
the absence of a building, the area extending to the side yard building setback line
adjacent to a street and extending from the front yard to the rear property line.
Sec. 34 -33. - Specific nuisances.
Without limiting the power of the city council to hereafter declare as public nuisances
any other act, condition, or thing, by ordinance, the following specific acts, conditions,
and things are each and all of them are hereby declared to be and constitute public
nuisances:
(1) Maintaining the exterior property area or any structure which is not reasonably
free from holes and excavations, sharp protrusions, and other objects or conditions
which might be a potential cause of personal injury to the occupants or to the public.
(2) Maintaining any cellar, vault, well, drain, sewer or septic tank, which presents a
potential injurious threat to the health or safety of the public.
(3) The sweeping, blowing or depositing of any trash, brush, paper, grass clippings,
rubbish or any other matter onto any public thoroughfare or other public place.
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(4) Maintaining a fence or screening wall in a manner that constitutes a public
hazard to persons or property. All fences shall be maintained reasonably plumb and
structurally sound. Any fence or screening wall that is severely deteriorated and
constitutes a public hazard to persons or property or is 15 degrees or more out of plumb
shall be repaired, replaced or removed. Missing or deteriorated fence panels, slats,
rails, pickets and posts must be replaced with material similar in size and appearance to
those being replaced.
Exception: This section is not intended to require the removal of any screening device
that is otherwise required by the comprehensive zoning ordinance.
(5) Discharging of any sewage waste directly or indirectly onto the ground or into any
stream, creek, waterway or other body of water, including, but not limited to overflowing
septic tanks or leaking sewer pipes.
(6) Maintaining any sanitary plumbing fixtures and facilities, septic tank or sewer
pipes not in compliance with the public health laws, ordinances, and regulations of the
state, the county and the city.
(7) Permitting, maintaining or causing the emission of foul, offensive, noisome,
nauseous, noxious or disagreeable odors repulsive to the physical senses of ordinary
persons or which breeds or allows the harborage of vectors.
(8) Permitting any land area, tank, alley, gutter, swimming pool, or open receptacle
containing water, or a source of water to become stagnant, foul, nauseous, offensive or
unpleasant, or provide harborage for mosquitoes, flies, or other insects.
(9) Maintaining a swimming pool, hot tub, and their related accessory structures in
an unsafe, unsecured, unclean, unsanitary, or unsound condition.
(10) Permitting the accumulation or the dumping of garbage, rubbish, brush, rubble or
debris, decaying vegetation, or to make nauseous, foul or putrid discharges, which
provides a breeding place for insects or rodents which is offensive, tends to decay,
become putrid, become offensive and odorous, or which renders the atmosphere
impure or unwholesome and provides harborage for flies, mosquitoes, rodents, rats,
snakes, or vermin or the maintenance of any place or condition on property that is a
breeding ground for rats, flies or cockroaches.
(11) Permitting the accumulation or the dumping of garbage, rubbish, rubble or debris,
grass trimmings, building materials, building rubbish, discarded furniture, tree limbs,
leaves, household waste items, ashes, household appliances, vehicle tires, scrap metal,
or automobile parts on any private property and /or depositing the same onto any public
right -of -way or private property.
(12) Permitting the accumulation or the burial of rubbish, building material wastes,
road material wastes, rubber tires, garbage, or refuse, or the depositing of any
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Page 4 of 9
substance which is detrimental to the public health, safety or the dumping or burying of
used motor oils or any other chemical substance which is not permitted by the state
commission on environmental quality directly onto or into the ground.
(13) Permitting a lawn irrigation system to spray or overflow water into a public street
during periods of freezing weather when such water freezes and results in a potentially
dangerous condition; or, permitting a lawn irrigation system to spray or overflow water
during any periods regardless of the weather into a public street designated as C4U,
M4U, M5U, M41D, M61D, or P61D on the thoroughfare plan.
(14) The expectoration of mucous, saliva, saliva mixed with tobacco products,
remains of any chewed or partly chewed tobacco or snuff, or the remnant of any
partially chewed or smoked cigar upon any public sidewalk or upon the floor of any
public building or public vehicle; or, the littering of any public place, public building or
public vehicle with any tobacco products or with any tobacco product packaging.
(15) The parking of an automobile, boat, trailer or any other type of vehicle on any
public street, playground, park, athletic field, or schoolyard with any type of sign or
writing on the vehicle, which offers the vehicle for sale. The parking of an automobile,
boat, trailer, or any other type of vehicle upon any private property, including parking
lots or driveways of residential or commercial lots with any type of sign or writing upon
the vehicle which offers the vehicle for sale. The owner or person entitled to possession
of any real property commits an offense by allowing the parking of a vehicle on the
property that violates this article.
Exception: It is a defense to prosecution under this article if the vehicle is offered for
sale upon real property zoned for automobile sales or if the vehicle is offered for sale on
private residential property and no more than two vehicles have been offered for sale
from that property within any one calendar year.
(16) The parking, standing or storage of any vehicle other than a recreational vehicle
as defined by section 118 -724 of this Code in the yard with the exception of R -1 S
zoning rear yard adjacent to a street of residentially zoned or residentially used
property.
Exception: A vehicle may be parked or stored in the front yard, rear yard, side yard
adjacent to a street or side yard provided it is parked on a hard paved surface of
concrete or asphalt not less than nine feet by 18 feet, or at least of sufficient size to
accommodate the horizontal area projected by the extreme limits of the vehicle. A
vehicle may be parked or stored in the side yard, side yard adjacent to a street or rear
yard provided it is screened from public view by not less than a six -foot tall solid fence.
All parking spaces constructed for the purpose of abating this nuisance shall be
constructed with a driveway adjoining an existing on -site driveway or with a driveway
and approach adjoining a public right -of -way.
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(17) The parking, storing or standing of an inoperable vehicle.
Exception:
a. Each single - family or two - family residence is permitted to park not more
than one inoperable vehicle that is awaiting repair for a period not to
exceed 15 days.
b. Each single - family or two - family residence may park or store not more
than one inoperable vehicle provided the vehicle is screened from view in
all directions by a permanent screening fence of masonry and /or wood of
redwood, cedar or other wood material that is approved for outdoor
applications, not less than six feet in height.
(18) The distributing of any advertisements, circulars, handbills, printed or written
announcements, upon any public right -of -way or within any public building or on any
public grounds; between sunset and sunrise. In addition to the person distributing the
printed material the owner of the material and any persons who aids or abets in the
distribution in violation of this section shall be deemed guilty of a violation of this article.
Exception: The normal delivery of newspapers or solicited periodical subscriptions
accepted by the willing owner of the private property.
(19) The maintaining of any building or structure of which the roof or eaves project
beyond the vertical projection of any property line or sheds water directly upon any
property other than that property on which the building or structure is located.
(20) The manufacturing, storing, using or selling of fireworks within the corporate
limits of the city.
Exception: The lawful display of fireworks pursuant to a permit issued by the proper
authority of the city.
(21) Keeping or maintaining of chickens or other fowl, including hens, pigeons, chicks
and roosters, within 50 feet of any residential structure or inhabited building.
(22) Permitting the carcass of a dead animal to remain on the premises for a period of
time exceeding 18 hours after the death of the animal.
(23) Allowing any unreasonably loud, disturbing, or unnecessary noise, including but
not limited to noises from musical instruments, loudspeakers, and amplifiers, animals
and birds, horns or other signal devices on vehicles, the operation of vehicles, steam
whistles, auto exhaust without mufflers, or devices operated by compressed air, which
causes material distress, discomfort or injury to persons of ordinary sensibilities in the
immediate vicinity thereof. During the times and in the zoning districts set out below, the
activities that create a sound pressure level on the complainant's bounding real property
line that exceeds the maximum allowable decibels on the A scale are declared to be
public nuisances:
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Page 6 of 9
All Residential zoning districts:
7:00 a.m. to 10:00 p.m. = 75 dba
10:00 p.m. to 7:00 a.m. = 60 dba
All nonresidential, industrial and mixed use zoning districts including the Town Center
center and core subzones and the TOD historic, core, general mixed use, arterial mixed
use and high intensity mixed use subzones:
7:00 a.m. to 12:00 midnight = 80 dba
12:00 midnight to 7:00 a.m. = 70 dba
Exceptions: Businesses in Industrial zoning districts in existence prior to March 1, 2010
which do not exceed 75 dba. Noise generated on properties of Birdville Independent
School District (BISD), Tarrant Community College (TCC), Fort Worth Christian (FWC)
and all other governmental agencies is not subject to this provision. Noise produced by
gas drilling and production shall be regulated by chapter 104 of this Code and shall not
be subject to this provision.
(24) Maintaining graffiti on public or private structures located on publicly or privately
owned real property within the city.
(25) Any act or thing done, suffered or maintained within the city limits which creates
an attractive nuisance to persons of normal sensibilities that may interfere with the
health and safety of persons within the community.
(26) Mowing or weed eating without first removing trash and debris which will be
scattered by the mowing or weed eating process.
(27) Permitting by any person owning or controlling property of any tree thereon which
in the opinion of the city arborist or the absence of such position, the official designated
by the city manager to make such determination, is dead and /or constitutes an
immediate safety risk to persons or property.
(28) Allowing poison ivy, poison oak or any poisonous plant to grow onto adjacent
property or onto a public street..
(29) Dirt moving or disturbing activities which causes an unreasonable amount of
excessive dirt or dust particulates to become airborne and travel onto adjacent
properties. When such activity occurs under the auspices of an active building or
construction permit, the terms of the permit may be revised or the permit may be
revoked until such time that the nuisance is abated.
(30) Keeping, raising or possessing, except within enclosures or cages and as
allowed by zoning, any pigeons, chickens or other fowl, including hens, chicks and
roosters with the intent to keep, raise or breed the same.
Ordinance No. 3187
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(31) A person commits an offense if the person accumulates or allows the
accumulation of materials or items stored on rooftops or porches of buildings when
visible from the public right of way or neighboring property."
Section 2: THAT Sections 34 -38(c) of the North Richland Hills Code of Ordinances is
hereby amended to read as follows:
"Sec. 34 -38. - Service of notice of violation.
(c) Notification regarding second violation in one -year period. In a notice provided in
this article, the enforcement officer may inform the owner by regular mail and a posting
on the property, that if the owner commits another violation of the same kind or nature
that poses a danger to the public health or safety on or before the first anniversary of
the date of the notice, the city without further notice may correct the violation at the
owner's expense and access the expense against the property. If a violation covered by
a notice under this article occurs within a one -year period, and the municipality has not
been informed in writing by the owner of any ownership change, then the city may
without notice take any action permitted by subsections 34 -40(1) and (2) and assess the
expenses as outlined in section 34 -42.
Section 3: Section 34 -42(b) of the North Richland Hills Code of Ordinances is hereby
amended to read as follows:
"Sec. 34 -42. - Recovery of costs.
(b) Administrative fee. An administrative fee shall be assessed for each charge.
Such fee is established in Appendix A. The director of finance shall review the
administrative fee annually and adjust the fee by the increase in the DFW Consumer
Price Index for the preceding 12 months as established by the Department of
Commerce.
Section 4: Violation of this ordinance shall be punishable by a fine of up to Five
hundred dollars ($500.00). Each separate violation shall be punishable
hereunder and each day each such violation shall be allowed to exist or
continue shall constitute a separate violation punishable hereunder.
Ordinance No. 3187
Page 8 of 9
Section 5: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional or otherwise invalid by
the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the city council without the incorporation in
this ordinance of any such invalid phrase, clause, sentence, paragraph or
section.
Section 6: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 7: This ordinance shall be effective immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this the 25th day of June, 2012.
CITY OF RTH RI AND HILLS
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By:
r � yor Oscar Tr ino,
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Patrici - alTurkn, City Secretary
APPROVE AS TO FORM AND LEGALITY:
George A. §t Cit Attorney
APPROVED AS TO CONTENT:
161 - 5 ln9t
Jo n Stout, Neighborhood Services Director
Ordinan No. 3187
Page 9 of 9
INVOICE
Star - Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 321857911
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 6/29/2012
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 6/30/2012
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609 Order Number 32185791
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates: 6/28/2012 - 6/29/2012
CITY OF NORTH RICHLAND HILLS
CITY OF 1` ORDINANCE No. 3187 13580 1 30 30 LINE $6.14 $368.60
An ordinance.a t onding Article 11 of
Chapter 34 of the North Richland
Hills, Texas, Code of Ordinances ($333.00)
Sales Disco and changgingg regulations defining
and prohibiting public nuisances,
establishing a penalty and autho-
Misc Fee ruing publication. ,
violation of this ordinance shall be $10.00
unishable'by a fine of up to Five
,,
R undred"dollars .($500.00). Each,
separate violation shall be pun-
ishable hereunder and each day each
such violation shall be allowed to x.60
exist or. continue shall constitute Net Amount: 1111111/
a separate violation punishable. \ \ \I
Passed and �
Approved on this 25th ��`'�� �''' / /
day of June, 2012 �� . ......
%s /Oscar Trevino 4 Z`� 2� ce
Oscar Trevino - Mayor V
ATTEST:
/s /Patricia Hutson
CO
Patricia Hutson -City Secretary Z. APPROVED As TO FORM AND • ' OF `' ••
LEGALITY: ��, �••, �fPIRES
George St S ta pl es Zity Attorney F '' / / / / / /�� `�� - 31 •� �2 �`` \��
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, July 06, 201
Notary Public
Thank You For Your Payment
-----------------------..._......--------------------
Remit To : Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 321857911
Invoice Amount: $45.60
PO Number:
Amount Enclosed: $