HomeMy WebLinkAboutOrdinance 2522
ORDINANCE NO. 2522
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS;
DECLARING A PUBLIC NUISANCE A VIOLATION; PROVIDING FOR
GENERAL DEFINITIONS; PROVIDING FOR SPECIFIC PUBLIC NUISANCES
WITHIN THE CITY; PROVIDING FOR DESIGNATION OF ENFORCEMENT
OFFICERS; PROVIDING FOR ENFORCEMENT AUTHORITY; PROVIDING FOR
NOTICE OF VIOLATION; PROVIDING FOR ABATEMENT PROCEDURES FOR
NUISANCES; REPEALING PRIOR ORDINANCES IN CONFLICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
PUBLIC NUISANCES
Section 1. Declaration of Public Nuisance and Violation in General
Any real property, building, or portion thereof, or the premises, including a
vacant lot, in which there exists a condition not in compliance with this
Ordinance shall be deemed and is hereby declared to be a public nuisance
and shall be a violation of this Ordinance and shall be subject to the penalty
clauses of this Ordinance.
Section 2. Definitions
Terms, words, phrases and their derivatives used, but not specifically defined
in this Ordinance, 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 Ordinance, the following
terms shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
(a) Enforcement Officer - The Chief of Police, Code Enforcement Officer,
Health Officer or their designated representatives, charged with any
enforcement and administration of this Ordinance.
(b) Debris - Debris means all putrescible and non-putrescible 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.
(c) Exterior Property Area - 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.
(d) Fireworks - 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".
(e) Garbage - All putrescible waste, except body waste, including animal and
vegetable waste resulting from handling, preparation, cooking, storage or
consumption of food.
(f) Graffiti - 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 of
North Richland Hills.
(g) Inspection - The examination of property by the Enforcement Officer or his
authorized representative for the purpose of evaluating its condition as
provided for in this Ordinance.
(h) Inoperable vehicle- 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.
(i) Owner - 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.
U) Person- Any person, agent, firm, corporation, association or tenant.
(k) Public Nuisance - 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.
(I) Putrescible - Capable of becoming putrid, rotten, foul and offensive.
(m) Rubbish - All non-putrescible wastes including, but not limited to, debris,
tin cans, bottles, papers, grass and weed cuttings, paper boxes, wood or
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building materials and tree limbs generally not exceeding three feet in length
and generally not exceeding a weight of more than fifty (50) pounds.
(n) Rubble - Solid waste larger and heavier than rubbish, including but not
limited to, discarded appliances and furniture, large tree limbs, discarded
fences, generally exceeding three (3) feet in length and fifty (50) pounds in
weight.
(0) Tenant - Any person, agent, firm, corporation, or association who occupies
a property or premises and who is not the owner.
(p) Yard, front - 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 set-back line.
(q)Yard, rear - 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 set-back line.
(r) Yard, side - 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 set-back 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.
(s) Yard, side-adjacent to a street - 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 set-back line adjacent to a street and extending from the front yard to
the rear property line.
(t) Vehicle - Any motor vehicle subject to registration under the Certificate of
Title Act (Article 6687-1, Vernon's Texas Civil Statutes) 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.
Section 3. 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:
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(a) 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.
(b) Maintaining any cellar, vault, well, drain, sewer or septic tank, which
presents a potential injurious threat to the health or safety to the public.
(c) 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 fifteen
(15) degrees or more out of plumb shall be repaired, replaced or removed.
EXCEPTION: This section is not intended to require the removal of any
screening device that is otherwise required by the comprehensive zoning
ordinance.
(d) Discharging of any sewage waste directly or indirectly onto the ground or
into any stream, creek, waterway or other body of water.
(e) Maintaining any sanitary plumbing fixtures and facilities not in compliance
with the public health laws, ordinances, and regulations of the State of Texas,
the County of Tarrant and the City of North Richland Hills.
(f) Permitting, maintaining or causing the emission of foul, offensive, noisome,
nauseous, noxious or disagreeable odors repulsive to the physical senses of
ordinary persons.
(g) 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.
(h) Maintaining a swimming pool, hot tub, and their related accessory
structures in an unsafe, unsecured, unclean, unsanitary, or unsound condition.
(i) Permitting the accumulation or the dumping of garbage, rubbish, 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.
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U) Permitting the accumulation or the dumping of garbage, rubbish, rubble or
debris, building materials, building rubbish, discarded furniture, tree limbs,
leaves, household waste items, ashes, inoperable 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.
(k) Permitting the accumulation or the burial of rubbish, building material
wastes, road material wastes, rubber tires, garbage, or refuse, or the
depositing of any 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 Texas Natural Resources Conservation
Commission directly onto or into the ground.
(I) 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, M4D, M6D, or P6D on the
Thoroughfare Plan.
(m) 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.
(n) The parking of an automobile, boat, trailer or any other type of vehicle on
any public street, playground, park, athletic field, or school yard 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
ordinance.
EXCEPTION: It is a defense to prosecution under the ordinance 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.
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(0) The parking, standing or storing of a vehicle in the yard with the exception
of R-1-S Zoning rear yard adjacent to a street of any 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 (9) feet by
eighteen (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 a
rear yard provided it is screened from view from public ways by not less
than a six- (6) foot tall solid fence.
All parking spaces constructed for the purpose of abating this nuisance after
the effective of this Ordinance shall be constructed with a driveway adjoining
an existing on-site driveway or with a driveway and approach adjoining a public
rig ht of way.
(p) The parking, storing or standing of an inoperable vehicle.
EXCEPTION:
1) Each single-family or two-family residence is permitted to park not more
than one (1) inoperable vehicle that is awaiting repair for a period not to
exceed fifteen (15) days.
2) Each single-family or two-family residence may park or store not more
than one (1) 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 (6) feet in height.
(q) The scattering or 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; or upon any private property 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
shall be deemed guilty of a violation of this ordinance.
EXCEPTION: The normal delivery of newspapers or solicited periodical
subscriptions by the owner of the private property.
(r) 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.
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(s) The manufacturing, storing, using or selling of fireworks within the
Corporate Limits of the City of North Richland Hills.
EXCEPTION: The lawful display of fireworks pursuant to a permit issued
by the proper authority of the City.
(t) Keeping or maintaining of chickens or other fowl, including hens, chicks and
roosters, within fifty (50) feet of any residential structure or inhabited building.
(u) Keeping, raising or possessing, except within enclosures or cages, any
pigeons with the intent to keep, raise or breed the same.
(v) Permitting the carcass of a dead animal to remain on the premises for a
period of time exceeding eighteen (18) hours after the death of the animal.
(w) Allowing, generating or fostering any unreasonably loud, disturbing, or
unnecessary noise, including but not limited to noises from musical
instruments, loud-speakers 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.
(x) Maintaining graffiti on public or private structures located on publicly or
privately owned real property with the City of North Richland Hills.
(y) 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.
Section 4. Designation of Enforcement Officer
The Chief of Police, Health Officer and/or the Chief Code Enforcement Officer
or their designated representatives are hereby directed and authorized to
administer and enforce the provisions of this Ordinance. Nothing contained
herein is meant to limit discretion of any Enforcement Officer in evaluating and
directing compliance with this Ordinance.
Section 5. Enforcement Authority and Liability
The Chief of Police, the Health Officer, the Chief Code Enforcement Officer, or
their authorized representatives, acting in good faith and without malice in the
discharge of their duties, shall not thereby render themselves personally liable
for any damage that may accrue to persons or property as a result of any act
or by reason of any act or omission in the discharge of his duties. Any suit
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brought against the Chief of Police, Health Officer, Chief Code Enforcement
Officer, or their authorized representatives, because of such act or omission
performed in the enforcement of any provision of this Ordinance, shall be
defended by legal counsel provided by the City of North Richland Hills until
final termination of such proceedings.
Section 6. Right of Entry
Whenever it becomes necessary to make an inspection to enforce the
provisions of this Ordinance, or whenever there is reasonable cause to believe
that there exists in any structure or upon any property a condition which
violates the provisions of this Ordinance, any enforcement personnel may
enter such property at all reasonable times to inspect the same, or to enforce a
provision of this Ordinance; provided, that if such property is occupied, he shall
first present proper credentials and request entry; or if such property is
unoccupied, he shall first make a reasonable attempt to locate the owner, or
other persons having charge or control of the property, and request entry, and
if entry is refused, the enforcement personnel may attempt to secure entry by
any legal means.
Section 7. Notice of Violation
Whenever it is determined that a violation of this Ordinance exists, except
where a different notification requirement is established in this Ordinance, the
enforcement officer shall give notice of such violation or alleged violation to the
person or persons responsible for such violation as follows:
(a) The owner of a property shall be notified of violations of this Ordinance as
follows:
i.
ii.
iii.
The notice shall be given personally to the owner in writing; or
The notice shall be addressed to the owner at the owner's address as
recorded in the appraisal district records of Tarrant County; or
If the personal service cannot be obtained,
1. by publication at least once;
2. by posting the notice on or near the front door of each
building on the property to which the violation relates; 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,
if the property contains no buildings.
(b) Any notice that is mailed to a property owner in accordance with this
Ordinance, and the United States Postal service returns the notice as "refused"
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or "unclaimed," the validity of the notice is not affected and the notice is
considered as delivered.
(c) In a notice provided in this Ordinance, 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 Ordinance 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
SECTION 3, Sub Paragraph (a) & (b) of this Ordinance and assess the
expenses as outlined in Section 11.
(d) The placement of a notice of violation on a vehicle in violation of Section 3-
(a) shall be considered adequate notice under this article.
(e) The notice described in this section shall require compliance within seven
(7) days of the notice of violation.
Section 8. Twenty-four Hour Abatement Under Certain Circumstances
Nothing in this Article shall prohibit the requirement for abatement within
twenty-four (24) hours when a nuisance has been declared an immediate
threat to health and safety by any enforcement personnel.
Section 9. Remedies
To enforce any requirement of this Ordinance, a code enforcement officer may:
(a) Do the work or make the improvements required, and
(b) Pay for the work done or improvements made and charge the expenses to
the owner of the property.
(c) Cause appropriate action to be instituted a court of competent jurisdiction.
Section 10. Contracting for Abatement
Whenever the property owner, agent, or tenant, fails to abate the nuisance
within the time allowed, the enforcement officer is hereby authorized to
contract with a contractor to perform such work as may be required to abate
the nuisance.
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Section 11. Recovery of Costs
(a) Whenever the City enters upon the premises and causes any work to be
performed to abate a nuisance, a charge will be made to the property owner,
agent, or tenant to recover the costs associated with the abatement. The
charge shall be the actual cost of abatement, plus applicable sales taxes.
(b) An Administrative Fee of $75.00 shall be assessed for each charge.
(c) If the actual charge and the administrative fee are not paid to the City within
thirty (30) days after billing, the City shall file a lien against the property. Said
lien shall be filed in the Deed Records of Tarrant County, Texas. The charges
shown on the lien shall bear interest at the rate of ten per cent (10%) per
annum from the due date until paid. The lien shall be collected under the
same terms and provisions of law as on City ad valorem taxes.
Section 12. Penalty Clause
Any person who violates any provision of this Ordinance shall upon conviction be
subject to a fine of not more than two hundred dollars ($200) for each offense.
Each day that such violation is permitted to continue shall constitute a separate
offense. The term, person, as used in this section shall include the owner,
occupant, mortgagee, or vender in possession, assignee or rents, receiver,
executor, trustee, lessee, agent, or any other person, firm, or corporation directly
or indirectly in control of a building or tract of land.
Section 13. Repealing Prior Ordinances
That Ordinance Numbers 2233 and 2409 are hereby repealed.
Section 14. Severability Clause
That it is hereby declared to be the intention of the City Council that the
section, 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or 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 or unconstitutional phrase, clause, sentence,
paragraph or section.
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Section 15. Effective Date
This ordinance shall take effect immediately after its passage.
DULY PASSED, AND APPROVED by the City Council of the City of North
Richland Hills, Texas on this 13th day of November, 2000
APPROVED:
CU _fl_~
MAYOR ~
ATTEST:
f1~èt~ ~
CITY SECRETARY
APPROVED AS TO CONTENT:
,~p~
DEPARTMENT HEAD
11
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number;
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
CIT 13
183890181
11/30/00
Net due in 21 days
11/30/00
18389018
073
CITY OF NORTH RI
11/29/00 - 11/30/00
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Texas the 13th day
of November 2000.
STATE OF TEXA! /S/Ch~r.:.:~~~EO:
County of Tarrant A TTEST: Ma~r
/s/Patrlcla Huteon
Before me, a Notar Clt taryA& T~unty and State, this day personallY appeared Shalini Doss, Bid and ;..~gal Coordinator, fer the Star-
Telegram, publishe, ¡;.. . . F. at Fort Worth, in Tarrant County, Texas; and who, after being duly S'Norn, did depose and say that the
attached clipping 0 t"shed in the above named paper on the listed dates:
:, Signed S~ J'JC6S
SUBSCRIBED AND SWORN TO BEFORE ME, THIS 'rid." D"../..jot: 2()()(). Mr . ¡I. ~ I
Noury Pub;,~~~~~ ~W2J}¡M(VL
'!~f~~Y~~\ CHRISTY L. HOLLAND
:f'} ~Û MY COMMISSION EXPIRES
.' .~f.,."".~~"t
·'.C'·""'''''' JULY 31 2004
~-...~- .
CITY OF NORTH RIpILAND HILLS
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Sales Discount ..-
1357
47
47
LINE
Net Amount:
Thank You For Your Payment
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$5.80
$545.26
($511.42)
$33.84
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