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UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A vehicle is abandoned if the motor vehicle:
(a) Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(b) Has remained illegally on public property for more than 48 hours;
(c) Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(d) Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours;
(e) Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation of a controlled access highway; or
(f) Is considered an abandoned vehicle under § 644.153(r) of the Tex. Transportation Code.
ANTIQUE CAR A passenger car or truck that is at least 35 years old.
DEMOLISHER. Any person whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle motor vehicles.
JUNKED VEHICLE. A vehicle that is self-propelled or a non-motored vehicle including but not limited to trailers and:
(a) Does not have lawfully attached to it:
1. An unexpired license plate; or
2. Does not display a license plate; or
3. A valid motor vehicle inspection certificate.
(b) Is:
1. Wrecked, dismantled or partially dismantled, or discarded; or
2. Inoperable and has remained inoperable for more than:
a. Seventy-two consecutive hours, if the vehicle is on public property; or
b. Thirty consecutive days, if the vehicle is on private property.
(c) An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under F.A.A. aircraft registration regulations.
(d) A watercraft that:
1. Does not have lawfully on board an unexpired certificate of number; and
2. Is not a watercraft described by § 31.055, Parks and Wildlife Code.
(B) Declaration of nuisance; violations.
(1) An abandoned vehicle, junked vehicle or vehicle part that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance.
(2) Any person commits an offense if that person maintains a public nuisance as determined under this section.
(3) A complaint concerning a public nuisance shall be filed in the Municipal Court of the city if the public nuisance, as provided under this section, is not removed and abated and a hearing is not requested within the ten-day period provided by divisions (D)(1) and (D)(2) below.
(C) Responsibility for administration; right of entry; abatement policy. The Fire Marshal, or a city employee under his or her direction, shall administer the provisions of this section; except that, the removal of vehicles or vehicle parts from property may be by any other authorized person. The Fire Marshal, or a city employee under his or her direction, shall have authority to enter upon any private property for the purposes specified in this section, to examine vehicles or vehicle parts, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. It is the policy of the city to abate and remove abandoned vehicles, junk vehicles or vehicle parts as public nuisances from private property, public property or public rights-of-way and to implement the abatement and removal by the use of the procedures established in this section.
(D) Order to remove; hearing; removal and disposition by city. Whenever it shall be determined that an abandoned vehicle, junked vehicle or vehicle part is located in a place where it is visible from a public place or public right-of-way, thereby constituting a public nuisance:
(1) For a nuisance on private property, the Fire Marshal, or a city employee under his or her direction, shall give not less than a ten-day notice, stating the nature of the public nuisance on private property, that it must be removed and abated within ten days, and that a request for a hearing must be made to the Texas City Municipal Court of Record before expiration of the ten-day period. The notice must be mailed by certified mail, with a five-day return requested, to the owner or occupant of the private premises on which the public nuisance exists, and to the last known registered owner of the nuisance and each lienholder of record of the nuisance. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the eleventh day from the date of such return;
(2) For a nuisance on public property, the Fire Marshal, or a city employee under his or her direction, shall give not less than a ten-day notice, stating the nature of the public nuisance on public property or on a public right-of-way, that it must be removed and abated within ten days, and that a request for a hearing must be made to the Texas City Municipal Court of Record before expiration of the ten-day period. The notice must be mailed by certified mail, with a five-day return requested, to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which such public nuisance exists, and to the last known registered owner of the nuisance and each lienholder of record of the nuisance. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the eleventh day from the date of such return;
(3) A public hearing is required before the removal of the vehicle or vehicle part as a public nuisance. If a public hearing is requested by the owner or occupant of the public or private premises, or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, it shall be held before the Texas City Municipal Court of Record, prior to the removal of the vehicle or vehicle part as a public nuisance, at a time to be set by him or her, but not earlier than the eleventh day after the date of the service of notice to abate the nuisance. An order of the Texas Municipal Court of Record requiring the removal of the vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site;
(4) When no public hearing is requested by the owner or occupant of the premises where the public nuisance exists, upon the expiration of the period of time set forth in divisions (D)(1) and (D)(2) above, the Texas City Municipal Court of Record shall enter an order requiring the removal of the vehicle or vehicle part, the order to include a description of the vehicle or vehicle part and the correct identification number and license number of the vehicle, if available at the site;
(5) Within five days after the date of the removal, notice shall be given to the State Department of Highways and Public Transportation identifying the vehicle or vehicle part; and
(6) A junked vehicle or vehicle part may be disposed of by removal to a scrap yard or demolisher for processing as scrap or salvage.
(7) The relocation of a previously noticed junked vehicle or vehicle part under this section to another location, where it remains in violation of this section, shall be considered an unlawful continuance and shall remain subject to the abatement proceedings.
(E) Reconstruction of removed vehicles prohibited. After removal of any such junked vehicle, it shall not thereafter be reconstructed or made operable.
(F) Exemptions. The provisions of this section shall not apply to:
(1) A vehicle or vehicle part which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard; and
(3) Unlicensed operable or inoperable antique or special interest vehicles stored by a collector on the collector’s property; provided that, the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
(G) Administrative personnel; persons authorized to remove vehicles. The administration of the procedures provided by this section shall be accomplished by regular, salaried, full-time employees of the city; except that, the removal of vehicles or vehicle parts from property may be by any other duly authorized person.
(H) Open storage of abandoned vehicles. It shall be unlawful for the owner or occupant of any building, structure or property within the city, regardless of how zoned by Ch. 160 of this code of ordinances, to utilize the premises of the property for the open storage of any abandoned motor vehicle. It shall be the duty and responsibility of every owner or occupant to remove from the premises all abandoned motor vehicles upon notice from the designated official of the city. For the purpose of this section, an ABANDONED MOTOR VEHICLE is defined as one that does not have attached to it a valid license plate and inspection sticker duly issued to the vehicle, is in a state of disrepair, or is incapable of being removed under its own power. The provisions of this division (H) shall not apply to any duly licensed junk dealer operating under and in compliance with Ch. 114 of this code of ordinances.
(1998 Code, § 62-112) (Ord. 04-32, passed 7-21-2004; Ord. 21-10, passed 5-19-2021; Ord. 2022-07, passed 4-20-2022) Penalty, see § 94.999
It shall be unlawful for the owner of 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 the lot or premises or to allow or permit the accumulation of stagnant water thereon, or to permit stagnant water to remain thereon, in accordance with Tex. Health and Safety Code, § 342.001.
(1998 Code, § 62-113) Penalty, see § 94.999
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 or other impure or unwholesome matter of any kind to accumulate or remain thereon, in accordance with Tex. Health and Safety Code, § 342.003.
(1998 Code, § 62-114) Penalty, see § 94.999
(A) It shall be unlawful for the owner, lessee, renter or occupant of any lot or premises in the city to allow or permit weeds or tall grass (12 inches or higher), rubbish, brush or any other unsightly, objectionable or unsanitary matter of whatever nature to accumulate or remain on any lot or premises, in accordance with Tex. Health and Safety Code, § 342.004.
(B) The city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to health, life, or safety of any person in accordance with Tex. Health and Safety Code, § 342.008.
(1998 Code, § 62-115) (Ord. 99-56, passed 9-15-1999; Ord. 21-14, passed 6-16-2021) Penalty, see § 94.999
Whenever any condition described in this subchapter is found to exist on any premises within the city, the owner of the premises shall be notified by the city in writing to correct, remedy or remove the condition within ten days after the notice, and it shall be unlawful for any person to fail to comply with the notice.
(A) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter 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;
(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.
(B) If a notice is mailed to a property owner in accordance with division (A)(2), 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.
(C) In a notice provided under this section, representatives of the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, 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 of the date of the 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 the Tex. Health and Safety Code § 342.006(a)(1) and (2) and assess its expenses as provided by Tex. Health and Safety Code § 342.007.
(1998 Code, § 62-116) (Ord. 13-09, passed 4-3-2013)
Penalty, see § 94.999
Statutory reference:
Notice to remove unsanitary, unsightly and the like conditions, see Tex. Health and Safety Code § 342.006
(A) If the owner of any lot or premises upon which a condition described in this subchapter exists fails to correct, remedy or remove the condition within ten days after notice to do is given in accord with this subchapter, the city may do work or make improvements as are necessary to be made, and pay therefore and charge the expenses incurred thereby to the owner of the lot or to the property’s city water bill or place a mechanic’s lien on said property. The expenses shall be assessed against the lot or real estate upon which the work was done or the improvements made. The doing of the work by the city shall not relieve the person from prosecution for failure to comply with the notice in violation of § 94.029(A) of this chapter.
(B) In addition to the actual expenses incurred for lot cleaning, clearing, abating of any nuisances, or for improvements made as are necessary to correct, remedy or remove such a condition, an additional charge of $50 shall be added to the amount assessed against the property, to reimburse the city for its administrative expenses associated with the preparation, filing and release of such lien.
(1998 Code, § 62-118) (Ord. 04-33, passed 7-21-2004; Ord. 10-16, passed 7-7-2010)
Statutory reference:
Authority of city to correct or remove conditions described in this subchapter, see Tex. Health and Safety Code § 342.006(a)
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