Each of the following is a public nuisance:
A. A condition or place that is a breeding place for flies and bees and that is in a populous area;
B. Spoiled or diseased meats intended for human consumption;
C. A restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition;
D. A place, condition, or building controlled or operated by a state or local government agency that is not maintained in a sanitary condition;
E. Sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a person or between persons;
F. A vehicle or container that is used to transport garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents;
G. A collection of water in which mosquitoes are breeding in the limits of a municipality or a collection of water that is a breeding area for Culex quinquefasciatus mosquitoes that can transmit diseases regardless of the collection's location other than a location or property where activities meeting the definition of section 11.002(12)(A), Water Code, occur;
H. A condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of bone boiling or fat rendering plant, tallow or soap works, or other similar establishment;
I. A place or condition harboring rats in a populous area;
J. The presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public;
K. The maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies;
L. An object, place, or condition that is a possible and probable medium of disease transmission to or between humans. (Ord. 25-10-08, 10-21-2008)
For the purposes of this chapter, the terms used herein shall be interpreted as follows:
ANY WORDS NOT HEREIN DEFINED: Shall be construed in the context used herein and by the meanings normally ascribed to such words.
BRUSH: Scrub vegetation or dense undergrowth.
CARRION: The dead and putrefying flesh of any animal, fowl or fish.
FILTH: Any matter in a putrescent state.
IMPURE, UNWHOLESOME OR UNSANITARY MATTER: Any putrescible or nonputrescible condition, object or matter which tends, may or could produce injury, death, or disease to human beings.
OBJECTIONABLE OR UNSIGHTLY MATTER: Any matter, condition, or object which would be objectionable or unsightly to a person of ordinary sensitivities.
REFUSE: A heterogeneous accumulation of worn out, used up, broken, rejected or worthless material.
RUBBISH: Trash, debris, rubble, stone, useless fragments of building materials, and other miscellaneous, useless waste or rejected matter.
WEEDS: Uncultivated vegetation, including, but not limited to, grasses, of a of twelve inches (12") or more.
(Ord. 25-10-08, 10-21-2008; amd. Ord. 49-09-2023, 9-19-2023)
1. It shall be unlawful for any person who shall own any lot or other premises in the city to allow or permit holes or places where water may accumulate and become stagnant to be or remain on such lot or premises or to allow or permit the accumulation of stagnant water thereon, or to permit stagnant water to remain thereon.
2. It shall be unlawful for the owner of any lot, building, house, establishment or premises in the city to allow or permit any carrion, filth, refuse, rubbish or any other impure or unwholesome matter of any kind to accumulate or remain thereon.
3. A public nuisance is declared whenever grass, weeds, brush, and/or any other plants that are not cultivated pursuant to the definition of ‘Weeds’ as found in Section 4-4-2
of this Chapter. A public nuisance is also declared whenever rubbish, refuse and all other objectionable, unsightly and unsanitary matter shall cover or partly cover the surface of any lot or parcel of real estate. Whenever a public nuisance is determined to be evident, the City of Alamo will take procedural steps for its prompt abatement by the person having legal stewardship on said property, e.g., the property owner, the tenant, authorized resident, and/or other party having, legal standing. The maintenance boundaries of lots or parcels of property to promptly abate Public Nuisances shall include the following criteria:
a. The legal boundaries of the recorded Lot(s); parcels(s) or tract(s) of real estate property;
b. The area that extends beyond the recorded property lines up to the street curb and/or edge of pavement; (Note: ‘Street’ as used herein shall include a public street or a private street);
c. The area that extends beyond the recorded property lines up to the centerline of abutting public alleys; (Note: ‘Public’ means recorded public alleys, prescriptive public alleys, or apparent publicly used alleys, in effect);
d. If there is any area that may be a unique hybrid of the above 3 criterions or of similar circumstances where the stewardship to maintain it is questioned, such shall be presented to the City Manager for assessment and final determination. There is no appeal from the City Manager’s decision on the matter.
4. It shall be unlawful for any owner or occupant of any lot or premises in the city to allow or permit the existence of any type tree on such lot when such tree is dead or damaged and such condition poses a serious threat to property or life on such lot or an adjacent lot or an adjacent public right of way, and such condition is hereby declared to be a nuisance in the city.
(Ord. 25-10-08, 10-21-2008; amd. 117-8-2024, 8-20-2024)
Notes
| 1 | 1. V.T.C.A., Health And Safety Code §§ 342.001, 342.003. |
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