HomeMy WebLinkAboutORD 92-12 - Nuisances in City LimitsORDINANCE NO.
WHEREAS, Section 217.042 of the Local Government Code authorizes the municipality
to define and prohibit any nuisances within the limits of the municipality and within 5000 feet
outside the City limits;
WHEREAS, Section 217.042 of the Local Government Code authorizes the municipality
to enforce all ordinances necessary to prevent and summarily abate and remove a nuisance,
WHEREAS, in order to protect the health and welfare of all residents within the City of
Georgetown, the City Council has found it necessary to abate and remove nuisances;
WHEREAS, the City Council recognizes that nuisances negatively impact the health,
safety and welfare of the citizens of Georgetown;
WHEREAS, the City Council has determined that the costs associated with the abatement
of such nuisances should be assessed against the owner of the property upon which work was
performed; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
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 hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements Environmental and Resource Conservation Policy 1 of the Century Plan -
Policy Plan Element, which states: "The City will take the steps necessary to protect the physical
attributes that make Georgetown attractive"; Historic Preservation and Urban Design Policy 1 of
the Century Plan - Policy Plan Element, which states: "The City will utilize an urban design
program to: improve the overall appearance of the City; develop a positive image that identifies
Georgetown; and enhance the attractiveness of the City from an environmental, aesthetic and
economic perspective; Facilities and Services Policy 1 of the Century Plan - Policy Plan Element,
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which states: "The City will endeavor to increase the quality of life through the upgrading of
existing facilities and services and the provision of new services to meet the specific needs of
the community"; and further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative
Chapter of the Policy Plan.
SECTION 2 Section 8.20.095 shall be added to the Code of Ordinances to read as
follows:
"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 permits any conditions to exist thereon
in violation of this chapter, the City may notify such person of his failure to
comply and direct him to correct, remedy or remove such condition within ten
days after such notice is received. Such notice shall be sent to the person at his
post office address by certified mail, or may be hand delivered. If the person's
address is unknown, notice may be posted on the property for at least ten
consecutive days, or if notification may not be obtained by letter or posting, then
notice may be given by publication in any two separate issues in a newspaper of
general circulation within the City within ten consecutive days.
B. Abatement By City Forces.
If any person notified of a violation of this chapter fails or refuses to comply with
the requirements of the Code Enforcement Officer or other City official, as
specified in such notice within ten days after notification in accordance with this
chapter, the City may enter upon the property and perform such work or make
such improvements as are 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 improvement made to the owner of such property. All expenses
incurred by the City in performing such work, including any legal and
administrative expenses, shall be charged to the owner of the property."
SECTION 3 Subsections C and E of Section 8.20.100 are hereby deleted. Subsection
D is hereby relettered as Subsection C.
SECTION 4 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 5 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.
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SECTION 6 The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect in ten
(10) days on and after publication in accordance with the provisions of the Charter of the City
of Georgetown.
PASSED AND APPROVED on First Reading on the 28th day of April, 1992.
PASSED AND APPROVED on Second Reading on the 12th day of May, 1992.
ATTEST: THE CITY OF GEO
Elizabeth Gray m C By: Leo Wood W
City Secretary Mayor
Marianne Landers Banks
City Attorney
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