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. |
A. Maximum Height:
1. It shall be unlawful and it is hereby declared to be a public nuisance for any person, including the owner, tenant, or for a representative of any nonresident owner or tenant of any lot or parcel of real estate, or any other premises or parts thereof, whether vacant or occupied within the city, to allow grass, weeds or brush of any description to grow or flourish thereon and sidewalks abutting any of such premises without having such grass, weeds or brush cut and kept short at all times to a height not greater than fifteen inches (15") from the surface of the ground.
B. Duty To Cut And Remove:
1. It shall be the primary duty of the owner or tenant of premises within the city to cut and remove all weeds as often as may be necessary to comply with the provisions of this code. In any prosecution for a violation of this chapter, the owner shall not be permitted to plead or show evidence that the occupant or tenant of property is the person against whom the charges should be brought.
2. It shall be unlawful for any person, as the owner, tenant or agent of any owner or tenant of premises within the city, to leave any unsightly piles or windrows of debris or weeds, grass or brush which could serve as habitat for rodents or other vectors of disease on such premises after such weeds, grass or brush have been cut, and it shall be the duty of such owner, tenant or agent to remove or prepare for removal by city crews, if applicable, such weeds, grass or brush and to ensure that same is cut from premises to prevent unsanitary conditions from occurring on such premises.
3. Any grass, weeds or brush that is cut shall be removed from the premises promptly and be disposed of in an appropriate manner. (Ord. 25-10-08, 10-21-2008)
A. Enforcement Of Provisions:
1. Whenever, in the opinion of the city inspector or code enforcement officer, any condition which constitutes a violation of section 4-4-3 or 4-4-4 of this chapter exists on any parcel or property in the city and such condition causes an immediate threat to the physical well being of any person or adjacent property, in addition to constituting a public nuisance, the city inspector or code enforcement officer is hereby authorized to abate such nuisance utilizing city personnel or private contractors. The cost of abating such nuisance shall (include, but not be limited to, labor, equipment, disposal, mileage, etc., of which all rates shall be established by the board of commissioners) be charged against the property owner or other person responsible. The city shall have the right to file a lien for such charges upon following the procedures for city abatement and the charging of such costs as provided for after notification as set out in subsection 4-4-6D of this chapter, if such procedures are possible considering the immediate threat to life or property, of the nuisance to be abated 1 .
B. Notice To Property Owner:
1. Whenever the existence of any nuisance defined in this chapter on any lot or parcel of real estate situated within the city shall come to the knowledge of the city inspector or code enforcement officer, it shall be his duty to forthwith cause a written notice identifying such property to be issued to the person owning such parcel of real estate. For the purpose of complying with this section, it shall be sufficient if the city inspector or code enforcement officer places in the United States mail a registered card or letter addressed to the owner at his last known address. The city inspector or code enforcement officer may rely on the real property ownership records of the county appraisal district in determining the ownership of any property on which a violation exists for the purpose of enforcement and notice. Such notice shall be addressed to such person at his post office address or may be served in person. Notice is considered delivered even if the U.S. postal service returns the notice as "refused" or "unclaimed" 2 .
If such registered card or letter is returned as "refused" or "unclaimed" or if personal service has not been had or if the owner's address is not known, then notice shall be published at least once in the city's official newspaper or by posting the notice on or near the front door of each building on the property to which the violation relates; or 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.
Such notice should require the abatement of such nuisance by mowing and removing such weeds, brush, rubbish or other objectionable, unsightly or unsanitary matter of whatever nature, as the case may be, within seven (7) days from the date of service of such notice. Such notice shall further state that in default of the performance of the above condition, the city may, at once, cause such abatement to be done and charge the costs and expense incurred in doing or having such work done or improvements at the expense of the city, then such expense shall be assessed as a lien on such real estate upon which such expense was incurred. Failure to comply with such notice by any owner shall render such person guilty of a misdemeanor.
2. The aforementioned notice may be sent by certified mail, in which case such notice shall inform the owner that if the owner commits another violation of the same kind or nature as provided herein, which violation occurs on or before the first anniversary day from the date of such notice, the city may, without further notice, correct the violation at the owner's expense and assess the expense against the owner 3 .
1. If the owner of any premises upon which weeds, grass, or brush are found growing or filth, trash, rubbish and debris are found in violation of this chapter cannot be found or is a nonresident, and if a person who has been given the notice provided for by this chapter shall fail to comply with such notice, it shall be the duty of the city inspector or code enforcement officer to cause the weeds, grass, brush, rubbish, filth, trash, debris or other unsanitary matter or condition constituting a nuisance to be promptly and similarly abated, in a reasonable or prudent manner.
2. Any weeds, grass, brush, rubbish or other unsanitary matter abated by the city shall become the property of the city to be removed or disposed of in the manner prescribed by the city manager.
D. Abatement Of Weeds Higher Than Forty Eight Inches:
1. The city may abate, without notice, weeds that have grown higher than forty eight inches (48") and that are "an immediate danger to the health, life or safety of any person" 5 .
2. The city may assess expenses and impose a lien against the property for abatement without notice 6 .
3. However, the city must give the owner notice of the abatement within seven (7) days of the date of the abatement, in the same manner as a notice of violation 7 .
The notice must also include identification of the property, description of the ordinance violation, a statement that the city abated the weeds, and an explanation of the owner's right to request an administrative hearing on the abatement 8 .
If the owner files a written request for a hearing within thirty (30) days of the date of the abatement of the weeds, the city must conduct the hearing within twenty (20) days of the date the request was filed 9 .
1. The community planning and development department shall charge all necessary expenses in connection with abatement of a nuisance under this chapter, including, but not limited to, work done and improvements made in abating such nuisance, to the owner of such premises. The city shall be entitled to recover all reasonable costs incurred in mailing, inspecting, locating the owner, issuing notice including publishing notice to the owner/occupant of a weedy lot, or reinspecting such premises and all other reasonable costs incurred in abating such nuisance. Such expenses shall be certified by the community planning and development department and shall prepare an invoice for the total amount, which will include actual labor computed in one hour increments at a rate established by the board of commissioners.
F. Liability Disclaimer:
1. The city shall be held harmless from any and all liability from any claims resulting from the abatement or the failure to abate a nuisance on any property, including, but not limited to, destruction of shrubs, flowers, brush and small trees of any nature. The city has no duty nor does this chapter impose any duty on the city inspector or any other city employee to abate any nuisance existing on any private property. The provisions of this chapter neither change nor modify the responsibility of the owner or occupant of any premises in the city to keep the premises in a reasonably safe condition so as not to cause injury to any third party either on the property or adjacent to the property as provided for in the tort laws of the state. The adoption of this chapter does not, in any manner, change the responsibility under the tort law nor does it create a cause of action for liability not heretofore existing under the tort or statutory laws of the state. A decision of the city to abate a nuisance is solely discretionary and any decision to abate a nuisance or not abate a nuisance shall not create any liability on the city in any manner to any party.
G. Notice Of Work Done; Preparing And Mailing Of Notices:
1. Whenever any work is done or improvements made by the city under the provisions of this chapter, the city shall notify the property owner of the work done and the cost thereof, such notice to be in writing to the last known post office address of the owner. Such costs shall be certified by the community planning and development department and shall prepare an invoice in the amount of the total costs of removing such weeds, grass, brush, rubbish or other unsanitary matter. The account shall become due and payable within fifteen (15) calendar days after notice is given.
H. Penalty For Nonpayment Of Invoice:
1. If an invoice served under the terms of this chapter is not paid within fifteen (15) calendar days of notice, then no services provided by the city's owned and controlled utilities shall be rendered to the property.
2. Nothing contained in this section nor any action taken by the city pursuant to this section shall relieve any person from any penalty which may be imposed in a prosecution of this chapter. (Ord. 25-10-08, 10-21-2008)
Notes
| 1 | 1. V.T.C.A., Health And Safety Code § 342.004. |
| 2 | 1. V.T.C.A., Health And Safety Code § 342.006(c). |
| 3 | 2. V.T.C.A., Health And Safety Code § 342.006. |
| 4 | 3. V.T.C.A., Health And Safety Code § 342.006. |
| 5 | 1. V.T.C.A., Health And Safety Code § 342.008(a). |
| 6 | 2. V.T.C.A., Health And Safety Code § 342.008(f). |
| 7 | 3. V.T.C.A., Health And Safety Code § 342.008(b). |
| 8 | 4. V.T.C.A., Health And Safety Code § 342.008(c). |
| 9 | 5. V.T.C.A., Health And Safety Code §§ 342.008(d), (e). |
| 10 | 6. V.T.C.A., Health And Safety Code § 342.007. |
A. Violation And Penalties:
1. Any owner, whether a natural person or a corporation, or any agent, representative or employee of such owner, including any person having ownership of any premises or lot or parcel of real estate or any part thereof, or any interest therein, or improvements thereon, situated within the limits of the city, on which there exists any nuisance as defined in this chapter, who shall allow or permit any such nuisance to be created or to remain and continue if created and established or who shall fail, refuse or neglect to remove or abate such nuisance by one of the methods provided in this chapter or otherwise regulating such premises, so as to prevent such nuisance, within seven (7) days from the date of service of notice thereof as provided for in this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding two thousand dollars ($2,000.00), and each day during which such failure, refusal or neglect shall continue to exist shall constitute a separate offense.
2. Any owner, or agent of any owner, violating any terms of this chapter shall be subject to a fine as provided in subsection A1 of this section. Each and every day that the premises remain in violation of the terms of this chapter shall constitute a different and separate offense. If the owner of any lot, lots or premises under the provisions of this section shall be a corporation and shall violate any of the provisions of this chapter, the president, vice president, secretary or treasurer of such corporation or any manager, agent, or employees of such corporation shall be also severally liable for the penalties provided for a violation of this code.
B. Collection And Disposition Of Money Under Chapter:
1. The city finance department shall be responsible for collecting all monies due for abating nuisances under this chapter.
2. Any payment or collection made under the terms of this chapter shall be received by and receipted for by the director of finance, or one of his duly authorized agents. Such sums of monies so received by the director of finance shall be paid into the general fund of the city. Such sums of money, receipts therefor, and the necessary records in connection therewith shall be handled, prepared and maintained as a permanent record, all in the form and manner prescribed by the director of finance.
1. Whenever the city shall have performed the work and paid all necessary expenses in connection therewith as provided in this chapter, and the city shall have charges accrued against such property for a period of thirty (30) days or more from the first billing, the director of finance, or his duly authorized agent, shall notify the community planning and development department. The community planning and development department shall immediately prepare and file for record in the office of the county clerk an itemized statement of all the work performed and all costs and expenses incurred and paid by the city in connection therewith in the form of an affidavit duly sworn to, which affidavit or duly certified copy thereof, after having been recorded shall be prima facie proof of the work done and performed and the amounts paid therefor. Such affidavit, among other things and provisions, shall contain the following:
a. Name and address of owner, occupant or agent of owner of property, if known and if unknown, recite the fact.
b. Description of property sufficient to identify the property, and where property has been subdivided, a description by lot and block number of any particular subdivision shall be sufficient.
c. Statement of the particular violation of this chapter.
d. Statement including date that notice of violation was mailed or published to owner as to failure to comply therewith.
e. Itemized statement of the work done and date such work was performed, together with costs thereof opposite each item.
f. Statement of payments made by the city, the date of such payment, and to whom made if contracted out to private commercial enterprises.
g. Statement that such affidavit is made for the purpose of fixing a lien upon the property therein described, in accordance with provisions of Vernon's Texas Code Annotated, Health And Safety Code 342.001 et seq., with up to the maximum percent interest allowed by law on the aggregate amount to be paid to the city.
2. The board of commissioners hereby finds and declares that the general legal work by the city in conjunction with the filing of the lien and other associated necessary incidents of such filing requires a minimum charge for each lien that is assessed per lot, tract or parcel of real estate. The minimum charge for such shall be set by the board of commissioners.
3. The city manager or his designated authorized agent is hereby authorized to execute any lien to be filed with the county clerk for the imposition of the lien on the property for which a nuisance was abated and the costs assessed by the city as provided for in this chapter.
1. Upon the filing of the statements and affidavits provided for, the city shall have a lien for the repayment of the aggregate amount so expended and paid as therein set forth, with up to the maximum percent interest allowed by law thereon from the date of payment or incurrence of cost thereof by the city, upon the property described in such affidavit, and which lien shall have precedence over all other liens and encumbrances except tax liens and liens for street improvements; and for any such expenditures and interest aforesaid, suit may be instituted, and recovery had, and such lien foreclosed by the city in the manner provided for by law.
E. Authority To Execute And Release Liens:
1. The city manager or his designated authorized agent is hereby authorized to execute release of liens on behalf of the city of all liens created under the provisions of this chapter. The city manager or his designated authorized agent shall have no right to execute such releases until he has satisfied himself that the debt or portion thereof secured by the lien and for which a release is requested has been paid in full to the city, and such lien shall be released only insofar as it affects the property for which the debt secured thereby has been paid in full. (Ord. 25-10-08, 10-21-2008)
Notes
| 1 | 1. V.T.C.A., Health And Safety Code § 342.007. |
| 2 | 1. V.T.C.A., Health And Safety Code § 342.007(e). |
A. The Bee Eradication Response
1. Initiative (BERI) is formulated to maximize protective services, minimize/eliminate confusion on expected roles and service processes, and to provide an organized methodology to quickly reconcile neighborhoods to a 'safe zone' status reflecting less anxiety regarding a (swarming) bee hazard or potential bee hazard. The two (2) basic response-situations that Alamo has historically faced on private properties are classified as:
a. Non-emergency responses; and
b. Emergency responses.
2. These initiatives, which may be amended form time to time to adjust to varying bee infestations, patterns, or circumstances will identify the process to follow on these two (2) response-situations.
3. Non-emergency response-situation: Bees are witnessed to be present but are deemed by a city official to not be causing an immediate health or safety risk to the occupants of the property or surrounding properties; if not resolved, the situation may escalate to an imminent health and safety threat.
4. Emergency response: The Fire Department, the Code Enforcement Department, the Public Works Department, and/or the Police Department have determined that bees are easily antagonized, are frequently swarming, and/or have attacked people without provocation; such attacks are deemed an immediate health hazard or life-threatening to the general public.
B. Protocol for Non-emergency response-situation:
1. When it has been determined that a NON-emergency response situation is clearly evident, the Code Enforcement Officer shall issue a Notice to the property owner of record and/or tenant to rid the bees from his/her property within ten (10) calendar days. The 'Notice' may be hand-delivered inducing a more prompt response; or if circumstances reflect hand-delivery not being feasible, then said 'Notice' shall be mailed via certified mail service. In the follow-up visit, if the bees have been exterminated or removed as an imminent threat, then the Code Enforcement Officer may abort, or 'dismiss', the matter and it shall be 'closed.'
2. On the other hand, if the City of Alamo determines that the owner, or his/her agent, have neglected the original 'Notice', then 'public nuisance' charges will be processed in Municipal Court, in substantial compliance to the intent expressed in Sections 4-4-5 (A) and Section 4-4-5 (B). It is declared that at the Municipal Court's examination, if the bee presence matter has been confirmed by the city as 'resolved', then the matter may then be 'dismissed' with adjudicatory administrative fees (likely) being imposed. If at the Municipal Court hearing, the non-emergency bee threat is still existing, then the Municipal Court Judge may issue a court order to have the City and/or their engaged agents, enter the premises and do what is reasonable but necessary to exterminate the bees. The fees to perform such city services shall be computed and collected pursuant to Sec. 4-4-5 (B) of Alamo's Code of Ordinances.
C. Protocol for Emergency response: when it has been determined that the bee presence is a dangerous situation and a real threat to area residents, the Code Enforcement Officer or a Fire Department official shall make an immediate good faith effort to contact the legal owner of record to alert him/her of the threat existing on their private property, i.e., a volatile public nuisance. If contact is made and the owner's response to remove the bee threat seems to be time-consuming and not as prompt as the situation warrants, then Staff will request that a 'Release' be signed/dated indicating that the City of Alamo has been given the latitude to proceed in ridding the public threat. The City will be held harmless (indemnified) if their emergency services damage any private property, and that a calculated service fee will be forthcoming to be paid; and if not paid, then a lien shall be filed against the property; in substantial compliance to Sec. 4-4-5 (B).
1. If the owner is not available or seems that he/she cannot be contacted but the magnitude of the hive and associated bee threat may likely escalate, then the Fire Department is hereby instructed by this Code to activate the necessary safety and protective measures to eradicate the bees by employing the Standing Court Order SCO) that the Municipal Court Judge will have issued for such an emergency response where the lives of citizens are at risk. If no SCO is evident, a comparably effective Executive Order from the City Manager's Office, may also be used for such extreme circumstances.
2. In addition to the above, standard protocol will also include the following initiatives:
a. The Fire Department shall be called upon to immediately respond and undertake emergency measures to terminate the bee hive wherever it may be located.
b. The Fire Department shall use their training to undertake precautions to quarantine residents within their homes plus impose other reasonable measures to safeguard (or temporarily block) the neighborhood.
c. Once the Fire Department determines that the area residents have been substantially quarantined and safeguarded, the Fire Department, or the City's engaged exterminator, shall eradicate the bees, i.e., public safety threat is removed.
d. It is understood that for these emergency response bee situations, the Municipal Court shall issue a Standing Court Order (SCO) for the City and/or its agents to enter the premises in order to exterminate the swarming bee threat. If the Judge is un-available or has not issued a SCO and may be delayed in doing so, then it is declared that an Executive Order from the City Managers' Office shall have the same effect as consent to enter the premises due to the threat to the general public.
D. It is declared that 'Violations and Penalties' of the Bee Eradication Response Initiative (BERI) shall be pursuant to the intent and terms expressed in Section 4-4-6 of the City's Code of Ordinances. (Ord. 47-09-21, 9-7-2021)