Chapter 18

PROPERTY ABATEMENT OF NUISANCES

TABLE OF CONTENTS

Article I. Definitions

Article 11. In General

Article 111. Specific Nuisances

High weeds, grass, or brush

Dangerous weeds over 48” high

Accumulation of litter, trash, or rubbish

Littering by depositing or dumping

Allowing stagnant water to accumulate

Allowing unsanitary conditions

Care of premises

Article IV. Notice, Remedies, and Penalties

Notice of Violation

Notice to Property Owner

Repeat of Same Violation

City Authorized to Abate

Same-Lien on Property

Remedies, Expenses, and Citation

Immediate Citation for Depositing or Dumping

Article V. Junk Vehicles

Definitions

Declaration of Nuisance

Exceptions

Abatement Requirements

Notice to Abate

Hearing

Voluntary Abatement

Obstructions to Traffic

Article VI. Fee Schedule

Ordinance No. 2005.05

Village of Salado

County of Bell

State of Texas

March 17, 2005

AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS ESTABLISHING AN ABATEMENT PROCESS AND PROVIDING FOR THE FOLLOWING: NAME, DEFINITIONS, PURPOSE, ENFORCEMENT, SEVERABILITY, EFFECTIVE DATE, PUBLIC NOTICE AND MEETING, REPEALER.

WHEREAS, the Board of Aldermen of the Village of Salado recognize the need for a process in which to abate property within the Village limits; and

WHEREAS, the Board of Aldermen seeks to maintain the value of Salado's scenic and natural resources, which are a strong point to the Village's quality of life; and

WHEREAS, the Board of Aldermen finds that specific nuisances may be safety hazards that constitute a public health risk; and

WHEREAS, the Board of Aldermen finds that proper maintenance of property can create a pleasing environment for visitors and residents alike; and

WHEREAS, the Village of Salado has the legal authority to enact these regulations pursuant to the municipality’s inherent police powers, Texas Transportation Code Chapter 683, Texas Local Government Code Chapters 51 and 217, and Texas Health & Safety Code Chapter 342.

NOW, THEREFORE, BE IT ORDAINED by the Village of Salado Board of Aldermen that:

ARTICLE I. - DEFINITIONS

General

Words and phrases used in this Ordinance shall have the meanings set forth in this section. Words and phrases not defined in this Ordinance shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word "shall" is always mandatory, while the word "may" is merely directory. Headings and captions are for reference purposes only.

Specific

As used in this article, the following words, terms, and phrases shall be defined as in Village Ordinance No. 2003.02, Village Ordinance No. 2004.09; International Property Maintenance Code. Approved receptacle, garbage, and refuse; and as defined as follows:

Abandoned - shall mean to cease the care or maintenance thereof, or to intentionally leave behind.

Abate or Abatement - shall mean to eliminate or cure by removal, repair, rehabilitation, or demolition.

Approved Receptacle - shall also mean a container that is composed of durable material and designed to prevent the discharge of its contents and to make its contents inaccessible to animals, vermin, or other pests.

Brush - shall mean any low woody vegetation, dense undergrowth, decaying scrub vegetation or the dead remains of such.

Building - shall mean a structure built for the support, shelter, or enclosure of a person, chattel, machine, equipment, or other movable property.

Building Official - shall mean the director of the building and development services department or his authorized representative including the Code Enforcement Official.

Director – shall mean the director of the department designated by the city to enforce and administer this article or the director’s designated representative located on publicly or privately owned real property within the city.

Easement, for the purpose of this chapter, - shall mean a grant by a property owner to the public or other entity for the use of a defined strip of land, for such purpose as the installation, maintenance, and/or repair of utility lines, or other public services whose ownership and care of the land encompassed by such easement is maintained by the property owner. IPMC sec 202

State law reference–Authority of municipalities to define and abate nuisances,

V.T.C.A., Local Government Code § 217.041 et seq.

Junk - shall mean used iron, metal, furniture, tires, appliances, building materials and other similar items openly stored, discarded, or abandoned on property or premises.

Litter - shall mean any garbage, refuse, rubbish, or junk as defined herein, and all other waste material which creates a nuisance or potential danger to public health, safety, and welfare if not deposited in an approved receptacle.

Occupant - shall mean any person living or sleeping in a building or having possession of a space within a building.

Open Storage - shall mean the open storage or placement of an item on any premise or

property, which is not entirely enclosed by a building and is visible from any public street or right-of-way.

Owner - shall mean any person, agent, firm, partnership, corporation, association, family, group, occupant, owner’s agent, property manager, lessee, renter, or tenant. It also includes the singular and plural.

Person - shall mean any individual, firm, partnership, corporation, association, family, group, occupant, owner’s agent, property manager, lessee, renter, or tenant. It also includes the singular and plural.

Personal or Movable Property - shall include every species of property, except real property as defined in this section.

Premises - shall mean a lot, plot, or parcel of land including the buildings or structures thereon. The term includes a yard, ground, walk, driveway, fence, porch, steps, or other structures appurtenant to the property.

Property - shall mean any premise, personal or real property.

Public Nuisance - shall mean the allowance of, or the maintaining of, an unlawful condition, act, or use of any property or premise affecting the public’s life, health, safety, or general welfare within the city limits; anything injurious to health so as to interfere with the comfortable enjoyment of life or property.

Public Place, Property, or Right-of-Way - shall mean any place to which the public or

substantial group of the public has access and includes, but is not limited to, streets, alleys, parkways, sidewalks, highways and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Real or Immovable Property - shall include land and whatever is erected or growing upon or affixed to land.

Real Property - shall mean any lot or parcel of land, including, but not limited to, an alley,

sidewalk or unimproved public easement abutting said lot or parcel of land.

Refuse - shall mean all solid waste (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.

Structure - shall mean that which is built or constructed.

Undeveloped Property - shall mean any lot or parcel of land without a structure or building or without the installation of site improvements.

Weeds - shall mean any herbage or vegetation, but excludes cultivated shrubs, bushes, trees, flowers, and crops. (Village Ordinance No. 2003.02)

State law reference(s)--Authority of city to prohibit conditions, V.A.C.S. art. 4436.

ARTICLE II. - IN GENERAL

Declaration of Public Nuisance.

A person shall not cause, permit, or allow a public nuisance under this chapter on any lot or parcel of land, premise, or any public place within the city limits.

ARTICLE III. - SPECIFIC NUISANCES

1. High Weeds, Grass, or Brush.

A. It shall be unlawful for any owner, occupant, or person in control of any lot, parcel of land, or premise within the city limits to allow the accumulation of high weeds, grass, or brush to exist in excess of the standards provided herein. Such violation is considered a health and fire hazard and, as such, is hereby declared a public nuisance.

B. Height limitations.

1. Property two (2) acres or less. Any accumulation of weeds, grass, or brush on any developed lot, parcel of land, or premise that does not qualify as described in 2(a) below shall not exceed a height of more than eighteen (18) inches.

2. Undeveloped property over two (2) acres. Any accumulation of weeds, grass, or brush on any undeveloped property of more than two (2) acres shall not exceed a height of more than eighteen (18) inches within fifty (50) feet adjacent to and along any dedicated public street or right-of-way or adjacent to any lot that is occupied by a residence or business.

a. Exception to 2: Property that has a significant vegetation other than weeds or grass, unusually steep slopes, or other terrain features which inhibit mowing or development, and which will not create problems if left in their natural state, may be left in their natural state.

C. Property adjoining public rights-of-way. The owner, occupant, lessee or person in control of such adjoining private property must maintain any private property adjoining a public right-of-way property within the city. Any growth of weeds and grass shall not exceed eighteen (18) inches in height, and all brush must be cleared from such right-of-way.

(Village Ordinance No. 2003.02)

2. Dangerous Weeds over 48 Inches High.

A. The city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the life, health, or safety of any person. After such abatement, notice shall be given as follows:

1. Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 6, Village Ordinance No. 2003.02

a. The notice shall contain:

(i) an identification, which is not required to be a legal description, of the

property;

(ii) a description of the violation(s) of the ordinance that occurred on the property;

(iii) a statement that the city abated the weeds; and

(iv) an explanation of the property owner’s right to request an administrative

hearing about the city’s abatement of the weeds.

b. The city shall conduct an administrative hearing before the building official on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the building official’s office a written request for a hearing.

c. An administrative hearing conducted under this section shall be conducted not

later than the 20th day after the date a request for a hearing is filed. The owner

may testify or present any witnesses or written information relating to the city’s

abatement of the weeds.

B. The city may assess expenses and create liens under this section as it assesses

expenses and creates liens under section 6, Village Ordinance No. 2003.02 and additional authority to abate dangerous weeds, V.C.T.A. Health & Safety Code, § 342.008.

3. Accumulation of Litter, Trash, or Rubbish.

It shall be unlawful for any owner, lessee, occupant, or person in control of any lot, parcel of land, or premise within the city limits to allow the accumulation of any litter, trash, or rubbish. All litter shall be kept in an approved receptacle designed to contain litter in a manner so as not to allow it to be blown, carried, or deposited by the wind upon any private or public property or any right-of-way. Such violation is considered a health and fire hazard and, as such, is hereby declared to be a public nuisance. Village Ordinance No. 2004.09 and State law reference–Municipal power concerning filth, carrion, and other unwholesome matter, V.C.T.A. Health & Safety Code, § 342.003.

4. Littering by Depositing or Dumping.

No person shall throw, deposit, drop, sweep, or place any litter or junk into or on any private or public property, right-of-way, street, sidewalk, or other place. All litter shall be disposed of in an approved receptacle designed to contain litter. V.C.T.A. Health & Safety Code, § 365.012

5. Allowing Stagnant Water to Accumulate.

It shall be unlawful for any owner, lessee, occupant, or person in control of any lot, parcel of land, or premise within the city limits to allow holes, containers, or other various receptacles that contain stagnant water that may produce disease to exist on such lot, parcel of land, or premises. The building official may require an inspection of the premises and may require the filling, draining, and regulating of the unsanitary condition. Village Ordinance No. 2003.02 and State law reference–Municipal power concerning stagnant water and other unsanitary conditions, V.C.T.A. Health & Safety Code, § 342.001.

6. Allowing Unsanitary Conditions.

It shall be unlawful for any owner, lessee, occupant, or person in control of any lot, parcel of land, or premise within the city limits to allow any unwholesome unsanitary condition that may produce disease to exist on such lot, parcel of land, or premise. The building official may require an inspection of the premises and may require the filling, draining, and regulating of the unsanitary condition. Village Ordinance No. 2004.09 and State law reference–Municipal power concerning stagnant water and other unsanitary conditions, V.C.T.A. Health & Safety Code, § 342.001.

7. Care of Premises.

A. It shall be unlawful for any owner, lessee, occupant, or person in control of any lot, parcel of land, or premise within the city limits to utilize such property for the open storage of any of the following:

1. Abandoned vehicles. Abandoned vehicles such as motor or non-motorized vehicles,

boats, trailers, and similar items and parts thereof.

2. Abandoned appliances. Abandoned domestic or non-domestic appliances and parts

thereof.

3. Supplies and materials. The open storage of building materials, building rubbish,

tires, or any accumulation of any other product or supplies.

(a) Note: It is not the intent of this section to prohibit the storage of building

materials associated with a city-permitted construction project.

4. Vegetation. The open storage of dead trees, limbs, brush, or weeds.

B. It shall be the duty and responsibility of every such owner, lessee, occupant, or person in control of any lot, parcel of land, or premise to keep such property clean and to prevent a public nuisance.

C. Exception: Any of the above-listed items that are screened from public view by

screening devices and which will not cause health or sanitary nuisances.

Village Ordinance No. 2004.02 and Village Ordinance No. 2003.09.

ARTICLE IV. - NOTICE, REMEDIES, AND PENALTIES

1. Notice of Violation.

Any owner, lessee, occupant, or person in control of any lot, parcel of land, or premise within the city limits having on it any of the nuisances described in articles I through III shall be required to remove, abate, or cure such nuisance within seven (7) days from the date of the written notice from the building official or his authorized representative. Village Ordinance No. 2003.02 and Village Ordinance No. 2004.09

2. Notice to Property Owner.

A. In addition to section above, the city may remove, abate, or cure such nuisance after seven (7) days from the date of the notice of violation given to the property owner and charge all expenses incurred by the city, including administrative fees, to such owner as prescribed. Such notice shall be given to the property owner as follows:

1. personally to the owner in writing; or

2. by letter (regular mail) addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or

3. if personal service cannot be obtained:

a. by publication at least once; or

b. by posting the notice on or near the front door of each building on the property to which the violation relates; or

c. 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. If the city mails a notice to a property owner in accordance with subsection 2 above, 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. Village Ordinance No. 2003.02, Village Ordinance No. 2004.09 and State law reference–Work or improvements by municipality; notice, V.C.T.A. Health & Safety Code, § 342.006.

3. Repeat of Same Violation.

The city 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 and safety on or before the first anniversary (12 months) of the date of notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by Village Ordinance No. 2003.02, Village Ordinance No.2004.09 and State law reference–Work or improvements by municipality; notice, V.C.T.A. Health & Safety Code, § 342.006.

City Authorized to Abate.

If the owner of any lot, parcel of land, premise, or any other property fails to comply with the notice given by Village Ordinance No. 2003.02, Village Ordinance No. 2004.09 and/or V.C.T.A. Health & Safety Code, § 342.006. within seven (7) days of the date of such notice, the city may enter the property and remove, abate, or cure such nuisance.

4. Same–Lien on Property.

If the city abates a nuisance under articles I through III, the owner of such property shall be notified by regular mail of the expenses thereof. If such charges are not paid within thirty (30) days of the date of such notice, the building official or his designated representative shall cause to be filed with the county clerk documentation of such expenses sufficient to establish a lien against the property on which the nuisance was abated. Village Ordinance No. 2003.02, Village Ordinance No. 2004.09 and/or V.C.T.A. Health & Safety Code, § 342.007

5. Remedies, Expenses, and Citation.

Any person who violates this article shall be subject either to abatement restitution or penal fine(s) or both, or any other relief provided by law.

A. Abatement restitution: Any property owner notified by the provisions of the above of a violation of this article and who fails to abate such nuisance within the time specified shall be required to pay to the city all expenses incurred to abate the nuisance, plus an administrative fee of one hundred dollars ($100.00).

B. Penal fine: The city may issue a citation or summons to any owner, lessee, occupant, or person in charge of property within the city limits who violates an ordinance in articles I through III. An individual receiving a citation or summons who is convicted of violating any provision of this article shall be guilty of a Class C misdemeanor, punishable by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00). Each day the violation continues shall be considered a separate offense. Such remedy under this section is in addition to the abatement restitution. Village Ordinance No. 2003.02, Village Ordinance No. 2004.09 and/or V.C.T.A. Health & Safety Code, § 342.007.

6. Immediate Citation for Depositing or Dumping.

The building official, his designated representative, code enforcement officer, or police officer shall immediately issue a citation or summons to any person observed littering, as defined in State law reference–Violation of ordinance, V.C.T.A. Health & Safety Code, § 342.005.

ARTICLE V. JUNK VEHICLES

1. Definitions- General.

2. Definitions- Specific.

Antique Vehicle - shall mean a passenger car or truck that is at least thirty-five (35) years old.

Demolisher - shall mean a person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.

Junked Vehicle, as Defined in Texas Transportation Code §683.071, - shall mean a vehicle that is self-propelled and:

A. does not have lawfully attached to it:

1. an unexpired license plate; or

2. a valid motor vehicle inspection certificate; or

B. is wrecked, dismantled, or partially dismantled, or discarded; or

C. is inoperable and has remained inoperable for more than:

1. 72 consecutive hours, if the vehicle is on public property; or 1Cross reference–Traffic, Ch. 28.

State law reference–Abandoned, junked, etc., vehicles, VC.T.A. Transportation Code,

Subchapter E, § 683.071 et seq.

2. 30 consecutive days, if the vehicle is on private property.

Motor Vehicle Collector - shall mean a person who owns one or more antique or special interest vehicles and acquires, collects, or disposes of an antique or special interest vehicle or part of them for personal use to restore and preserve an antique or special interest vehicle for historic interest. Special interest vehicle shall mean hobbyists are preserving a motor vehicle of any age that has not been altered or modified from original manufacturer’s specifications and, because of its historic interest.

State law reference(s)–Definitions, V.C.T.A. Transportation Code, Subchapter E, §

683.071.

3. Declaration of Nuisance.

A junked vehicle, including a part of a junk vehicle, which is visible from a public place or public right-of-way:

A. is detrimental to the safety and welfare of the public;

B. tends to reduce the value of private property;

C. invites vandalism;