HomeMy WebLinkAboutOrdinance 2233
ORDINANCE NO. 2233
AN ORDINANCE OF THE CITY OF NORTH RICH LAND 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
RICH LAND 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, 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) 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.
(g) 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.
(h) 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.
(i) Person- Any person, agent, firm, corporation, association or tenant.
0) 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.
(k) Putrescible - Capable of becoming putrid, rotten, foul and offensive.
(I) Rubbish - All non-putrescible wastes including, but not limited to, debris, tin
cans, bottles, papers, grass and weed cuttings, 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 fifty (50) pounds.
(m) 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.
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(n) Tenant - Any person, agent, firm, corporation, or association who occupies
a property or premises and who is not the owner.
(0) 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.
(p) 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.
(q) 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.
(r) 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.
(s) 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:
(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.
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(c) Maintaining a fence or screening wall in a manner which constitutes a
public hazard to persons or property. All fences shall be maintained
reasonably plumb and structurally sound. Any fence or screening wall which 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 which 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, and 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.
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.
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(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 standing or parking of an automobile, boat, trailer, or any type of
vehicle or personal property on any public street, parking lot, playground,
athletic field, vacant lot, public or private school or church premises; or,
permitting the standing or parking of an automobile, boat, trailer, or any type of
vehicle or personal property on any public street, parking lot, playground,
athletic field, vacant lot, public or private school or church premises for the
principal and sole purpose of displaying it for sale.
EXCEPTION: The occasional sale of a personal automobile, trailer or boat
may be permitted in conjunction with the occupancy of a single-family or
two-family dwelling unit. Additional sales of personal belongings and
household effects to the general public is permitted with a valid Garage
Sale permit issued by the City.
(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
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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
right 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.
(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.
(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.
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(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) 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
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
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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 or that there
are reasonable grounds to believe a violation of this Ordinance exists, except
where a different notification requirement is established in this Ordinance, the
enforcement personnel shall give notice of such violation or alleged violation to
the person or persons responsible for such violation as follows:
(a) The property owner, his agent, or the tenant, shall be served with a written
notice which states the violation and requires compliance with this Ordinance
in not less than two (2) days nor not more than ten (10) days, as determined to
be reasonable by the enforcement officer, from the date the notice is served.
The notice may be served by handing it to the property owner, agent, or
tenant, in person, or by depositing the same in the United States mail,
addressed to the property owner at the owner's address as shown on the most
current tax roll of the City, or the tenant as shown on the utility billing records of
the City. If the owner or tenant cannot be found, or if the notice is refused, or if
the notice is returned by the United States Postal Service, then the owner may
be notified as follows:
i. Posting the notice on or near the front door of each building on the
premises where the violation exists at least ten (10) days prior to further
action; or
ii. Posting the notice on a placard attached to a stake driven into the ground
on the premises where the violation exists at least ten (10) days prior to
further action.
(b) If such person, firm or corporation fails or refuses to comply with the
provision of this Ordinance within the specified period following notification, the
same shall be considered to be in violation of and subject to fine and penalty
as provided for this Ordinance.
(c) The placement of a notice of violation on a vehicle in violation of Section
3-(n) shall be considered adequate notice under this article.
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.
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Section 9. Remedies.
To enforce any requirement of this Ordinance, any enforcement personnel may
gain compliance by any or all of the following:
(a) Taking such action as the enforcement officer deems appropriate within the
authorization provided for in this Ordinance.
(b) Causing appropriate action to be instituted in a court of competent
jurisdiction.
(c) Ordering the abatement of the nuisance and assessing the costs of
abatement against the property if the owner of the property does not abate
same after the required notice.
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.
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 is 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 eight per cent (8%) 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,
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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 461, 1971, 2112 and 2190 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.
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
Rich/and Hills, Texas on this fJh day of S¿pffll7her, 1997
APPROVED:
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