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HomeMy WebLinkAboutORD 2006-54 - NuisanceORDINANCE ! 99 • lkr N[4JCK#JWVa6JJ• i •' 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 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.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 Ioka r117V:�(1 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.