HomeMy WebLinkAboutORD 2006-54 - NuisanceORDINANCE ! 99
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CODE RELATING TO NUISANCES, SPECIFICALLY OPEN STORAGE;
CONFLICTINGREPEALING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE,
WHEREAS, the City Council of the City Of Georgetown finds that the existing ordinance on
nuisances is inadequate for regulations governing the condition and maintenance of all properties;
and
WHEREAS, the City Council has determined that the current ordinance governing nuisances
does not serve the needs of the entire population of the City of Georgetown; and
WHEREAS, the City Council recognizes the need to ensure that all structures and properties
are safe, sanitary and fit for occupation and use; and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on
May 26, 2006 in compliance with the City Charter of the City of Georgetown;
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein
and expressly made a part thereof, as if copied verbatim. The City Council hereby finds that
this ordinance implements the following Century Plan Policy Statement - Goals and
Strategies:
10.0 Policy Statement: "Georgetown's citizens and businesses enjoy an attractive community
with a unique sense of place and a positive, identifiable image, at a cost which is consistent with
other city social and economic priorities."
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in
conflict with any other Century Plan Policy Statements.
City of Georgetown Code of Ordinances
Amendment to Chapter 8.20—Nuisances
Page 1 of 7
SECTION 2. Title 8, Chapter 8.20 entitled "Nuisances", of the Code of Ordinances of the
City of Georgetown, Texas is hereby amended in part as to certain sections of Chapter
8.20 as shown in Exhibit "A", which is attached hereto and incorporated herein for all
purposes.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 5. The Mayor of Georgetown is hereby authorized to sign this Ordinance and the
City Secretary to attest. This Ordinance shall become effective and be in full force and
effecting in accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the 1 day of June, 2006.
PASSED AND APPROVED on Second Reading on the 07 day of June, 2006.
ATTEST:
Sandra Lee
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Georgetown Code of Ordinances
Amendment to Chapter 8.20 — Nuisances
Page 2 of 7
THE CITY OF GEORGETOWN:
Mayor
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1
Sec. 8.20.005. Definitions. -
When
used in
the
City of
Georgetown Code of
Ordinances, Title
8, the following words and
terms,
unless
the
context
indicates a different
meaning, shall be
interpreted as follows:
"Accumulated Material" means the stockpiling of construction spoils, debris, Rubbish or
excavated or placed soil or fill materials in excess of 10 cubic yards.
"Developed Property" means a lot, easement or parcel upon which a building, structure,
pavement, or other improvements have been constructed.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
"Nuisance" means:
1. Any public Nuisance known at common law or in equity jurisprudence.
2. Any Nuisance which may be detrimental to public whether in a building, on
the premises of a building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements, or excavations; abandoned refrigerators
and motor vehicles; any structurally unsound fences or structures; or any
lumber, trash, fences, debris or vegetation which may prove a hazard for the
public.
3. Whatever is dangerous to human life or is detrimental to health, as
determined by the Code Enforcement Officer.
4. Overcrowding of a dwelling owned, leased or rented and to include rooms
with occupants.
5. Uncleanliness of property as determined by the Code Enforcement Officer.
6. Whatever renders air, food or drink unwholesome or detrimental to the health
of the public as determined by the Code Enforcement Officer.
"Open Storage" means storage
of any item(s)
or material(s) that is
open to the
public view,
regardless of any
sheltering or covering, on public or private
property.
This storage
includes, but is not limited to: inoperable motor vehicles, metal tanks, glass, furniture, tires,
motor vehicles parts, oil containers, old paint containers, trailers without tires, inoperable
air conditioning and heating units, inoperable lawn mowing and trimming equipment,
building material, building rubbish, appliances or similar items.
"Premises" means a lot, plot or parcel of land including the buildings or structures thereon.
"Refuse" means all solid and liquid wastes, except hazardous wastes, whether putrescible
or nonputrescible, combustible or noncombustible, organic or inorganic, including, but not
limited to wastes and materials commonly known as trash, garbage, debris or litter, animal
carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags,
discarded clothes or wearing apparel of any kind or any other discarded object not
exceeding three (3) feet in length, width or breadth in accordance with state law.
"Rubbish" means nonputrescible solid wastes of a large size, combustible or
noncombustible, including, but not limited to large pieces of wood, large cardboard boxes or
parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or
abandoned motor vehicle bodies or parts, damaged and discarded fiberglass and metal boat
bodies, scrap metal, bedsprings, water heaters, discarded furniture, wood pallets and all
other household good or items, demolition materials, used lumber, broken concrete, broken
asphalt, and other discarded or stored objects three (3) or more feet in length, width or
breadth in accordance with state law.
"This Code" means exceptions or references to other sections of the City of Georgetown
Code of Ordinances.
"Undeveloped Property" means a lot, easement or property upon which no improvements
have been constructed.
Sec. 8.20.020. Specific conditions.
The things or conditions listed in this section, among others, are declared to be Nuisances,
but are in no way to be construed as being an exclusive enumeration. Nuisances are liable
for abatement, and the persons guilty of causing, permitting, or suffering any of them upon
such person's Premise or in any building occupied and/or controlled by such person or on
any yard or grounds surrounding such building owned and/or controlled by such person, or
in or upon any street, alley, sidewalk, right-of-way, or any property, public or private, shall,
be fined upon expiration of the appropriate notification for abatement, as provided in
section 1.08.010, General Penalty. The City of Georgetown can also use abatement by City
forces, whether an emergency or not as provided for in Section 8.20.095 of "This Code".
Nuisances are further defined as follows:
G. Placing any article or substance upon any street, alley, sidewalk, right-of-way or public
ground in such a manner as to obstruct passage by a pedestrian, authorized vehicle, or
conveyance, with the following exceptions:
1. Vehicles parked in compliance with the law.
2. Temporary placement of dumpster or other trash containers in compliance with City
requirements for solid waste disposal.
3. Signs, barricades, and other devices lawfully in place.
4. Objects lawfully in place for the purpose of providing utilities or governmental
services.
5. Trees, shrubs, landscaping and mailboxes maintained in compliance with other City
ordinances.
6. Any other object permitted to encroach upon or obstruct a street, side walk, alley,
gutter, drain, right-of-way, or public ground as part of a special event that has been
approved in accordance with "This Code".
R. Conducting any business or enterprise upon any premises or within any building that
allows the accumulation of trash, Rubbish, brush piles, by-products and/or waste products
generated by the enterprise, or any of the products listed by the United States
Environmental Protection Agency as being dangerous, hazardous or undesirable.
S. Littering within the confines of the City of Georgetown. It shall also be unlawful to
discard or dump litter, trash, products of cutting or trimming of vegetation, appliances,
household goods, or any other manner of Refuse upon any premises or property within the
City of Georgetown, Texas, except for a legal disposal at the City of Georgetown's Waste
Collection Station. Proper procedures shall be followed and all rules of the collection station
shall be observed during the disposal. Trash and debris set out for regular trash pickup shall
be placed in a closed container to prevent littering. All working trash containers that are not
provided by the city shall have identification markings in the event the container is not in
the closed condition.
T. Burning any manner of Refuse, vegetation, or waste products within the city limits of the
City of Georgetown except as provided for in Sections 8.04.080 and 8.04.090 of "This Code".
U. Allowing the accumulation of trash and/or debris, Open Storage, household goods, brush
piles, appliances, work equipment, work or construction materials, or any other type of
Rubbish on any lot in a residential neighborhood. However, certain storage shall be
permitted if approved by the City and it is completely shielded from the public view.
V. Allowing the Open Storage of Accumulated Materials on any private Developed or un-
Developed properties, if construction or earth moving activity has been abandoned or has
ceased for a period of 60-days from the original accumulation date. This Accumulated
Material shall be removed or, in the case of excavated or placed soil or fill materials and
spoils, the property re -graded to the original site grade within seven (7) days of the receipt
of notification of non-compliance.
Sec. 8.20.040. Holes where water may accumulate.
It is unlawful for any person who owns or occupies any lot in the City to permit or allow
holes or places on said lots where water may accumulate and become stagnant or to be in
any other condition that may produce disease, or to permit the same to remain.
Sec. 8.20.090. Drainage —Removal of unwholesome substances —Abatement.
Should any owner of such lot that has places thereon where stagnant water may accumulate
or which are not properly drained, or the owner of any premises or building upon which
carrion, filth or other impure or unwholesome matter may be, fail and/or Refuse to drain or
fill the lot, or remove such filth, carrion or other impure or unwholesome matter, as the case
may be, within seven days after notice to said owner to do so, in writing, or by letter
addressed to such owner at his post office address or within seven days after notice by
publication as many as two times within ten consecutive days in any newspaper of the City,
if personal service may not be had as aforesaid, or the owner's address is not known, then
the City may do such filling or draining or removal of filth, carrion, etc., or any other
unsightly, objectionable, or unsanitary matter, or cause the same to be done and may pay
therefore and charge the expenses incurred in doing such work or having such work done
or improvements made, to the owner of such lot or real estate, and if such work is done or
improvements made at the expense of the City, such expense shall be assessed on the real
estate or lots upon which such expense was incurred.
Sec. 8.20.095. Abatement by City forces.
A. Notice of Violation. In the event that any person, owning, claiming, occupying or
having supervision or control of any real property or Premises permits any condition to
exist thereon in violation of this chapter, the City may notify such person of failure to
comply and direct any person, owning, claiming, occupying or having supervision or
control of any real property or Premises for the correction, remedy, or remove of such
condition within seven days after such notice is received. Such notice shall be sent to the
owner by hand delivery or to the owner Is_address as recorded in the Williamson County
Appraisal District Records. If personal service cannot be obtained, notice may be given by
publication at least once in a newspaper of general circulation within the City, by posting
the notice on or near the front door of each building on the property to which the violation
relates, or by posting notice on a placard attached to a stake driven into the ground to which
the violation relates, if the property contains no buildings. Notice can also be given by
certified mail through the United States Postal Service and if 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.
B. Abatement by City forces. If any person of a notified violation of this chapter fails or
refuses to comply with the requirements of the designated Code Enforcement Officer, or
other City Official, as specified in such notice within seven days after notification in
accordance with this chapter, the City can issue citations for penalties incurred for non-
compliance and may enter upon the property or Premises and perform such work or make
such improvements as necessary to abate the Nuisance, or cause the same to be done, and
charge the expenses incurred in doing such work or having such work done or
improvements made to the owner of such property. All expenses incurred by the City in
performing such work, including legal and administrative expenses, shall be charged to the
owner of the property.