ORD 930 06/22/2010 A y,
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"City of Choice"
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY OF CIBOLO REPLACING CHAPTER
46, ARTICLE III, SECTIONS 46-54 THROUGH 46-63 OF THE CODE OF
ORDINANCES TO PROVIDE REGULATIONS CONCERNING PUBLIC
NUISANCES, WEEDS AND OTHER UNSANITARY MATTER AND
DEBRIS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, it is the intent of the City Council of the City of Cibolo to protect the public
health, safety and welfare of its citizens; and
WHEREAS, Chapter 217 of the Texas Local Government Code authorizes the City of
Cibolo to revise and enhance the current unsanitary and unsightly condition ordinance
by defining and declaring what constitutes a nuisance, to authorize and direct the
summary abatement of a nuisance in any manner the City of Cibolo considers
expedient and to punish by fine any person responsible for a nuisance; and
WHEREAS, Texas Health & Safety Code Section 342.003 authorizes the governing
body of a municipality to regulate the cleaning of a building, establishment or ground
from filth, carrion, or other impure or unwholesome matter; and
WHEREAS, Texas Health & Safety Code Section 342.004 authorizes the governing
body of a municipality to require the owner of a lot in the municipality to keep the lot free
from weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter;
and
WHEREAS, Texas Health & Safety Code Section 342.006 sets forth specific notice
requirements, and authorizes a municipality to do any improvements itself and assess
the costs against the property; and
WHEREAS, Texas Health & Safety Code Section 342.007 authorizes municipalities to
place a lien on property by filing a statement of expenses with the County Clerk; and
WHEREAS, Texas Health & Safety Code Section 342.007 authorizes the Mayor of a
municipality to designate an appropriate municipal official to be responsible for filing
weed/debris liens with the County Clerk; and
WHEREAS, the Mayor of the City of Cibolo believes that the Code Enforcement Officer
of the City of Cibolo should be designated as the municipal official responsible for filing
weed/debris liens with the County Clerk.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
(a) The following enacted sections of the Cibolo Code of Ordinances are hereby
repealed: Chapter 46, Article Ill, Sections 46-54 through 46-63. (Ordinance 387)
(b) Chapter 46, Article III shall read as set forth in Sections II below:
II.
Sec. 46-54 Definitions
(a) Stagnant water. An area having holes or places where water may
accumulate and become stagnant and remain thereon.
(b) Carrion, filth, etc. Carrion, filth (including animal feces), or any other impure
or unwholesome matter of any kind.
(c) Weeds, rubbish, vegetation or grass, etc. Weeds, tall grass, rubbish, junk,
brush, or any other unsightly, objectionable, or unsanitary matter of whatever
nature.
Sec. 46-55 Vegetation or grass of height greater than twelve inches (12")
constitutes offense
(a) Violation. A person, owner, tenant or agent responsible for or claiming or having
supervision or control of any real property, occupied or unoccupied, within the limits of
the City commits an offense by permitting or allowing weeds, grass, brush, or any
vegetation to grow to a height greater than twelve inches (12") upon any such real
property. Such real property shall include, but not be limited to:
(1) The parkway between the sidewalk and the curb;
(2) The right-of-way between any fence, wall or barrier and the curb or
pavement if such exists or the centerline of such right-of-way;
(3) The area between a fence, wall or barrier and within any abutting drainage
channel easement to the top of such channel closest to the property;
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(4) The area outside the property to an abutting curb line;
(5) The area outside the property to a distance of ten feet (10') from the
property line if such area is part of or adjacent to a drainage easement or creek;
or
(6) Any area directly across an alley or traveled way that borders the property
which is between the edge of the alley or traveled way and a screening wall or
other barrier.
Vegetation not regularly cultivated that exceeds twelve inches (12") in height shall be
presumed to be a nuisance, objectionable, unsanitary and unsightly.
(b) Exception. It shall not be an offense under this Section to permit or allow weeds,
grass, brush or other vegetation to grow to a height greater than twelve inches (12") if
they are growing in an area designated as a natural conservation area, preserve or
habitat by any federal or state law or agency or the City Council of the City of Cibolo
and the removing or cutting of the vegetation within that area is prohibited by federal or
state law or local ordinance.
Sec. 46-56 Property to be free of conditions constituting public nuisances
(a) Accumulation. A person, owner, tenant or agent responsible for or claiming or
having supervision or control of any real property, including any lot, building, house,
establishment or premises in the City, occupied or unoccupied, within the corporate
limits of the City commits an offense by permitting or allowing stagnant or unwholesome
water, filth (including animal feces), carrion, weeds, rubbish, rubble, junk or garbage, or
impure or unwholesome matter of any kind, including, but not limited to, dead grass,
tree limbs, tree stumps, improper composting or improper storage of landscape
materials, waste paper, scrap wood or lumber, scrap metal, rags, rubber tires, plastic,
metal, ceramic or glass bottles, canisters, barrels or cans, combustible materials,
appliances, furniture, discarded or unused flooring material, dismantled or disassembled
vehicle parts, discarded or abandoned construction materials and exposed or
uncovered fill materials, or any objectionable, unsanitary or unsightly matter of whatever
nature to accumulate or remain on such real property, including any lot, building, house,
establishment or premises in the City, the improvements thereon, or holes or places
where water may accumulate and become stagnant or within any easement area on
such real property or upon any adjacent right-of-way for streets and alleys between the
property line for such real property and where the paved surface of the street or alley
begins. Such conditions are hereby defined as public nuisances.
(b) Nuisance Odors. A person, owner, tenant or agent responsible for or claiming or
having supervision or control of any real property, occupied or unoccupied, within the
limits of the City commits an offense by permitting or allowing any dangerous,
unwholesome, nauseous or offensive odors, gases or fumes to escape into the open air
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in such amounts as to be substantially offensive, uncomfortable and annoying to any
community, family or person of ordinary sensibilities, tastes and habits at a distance of
more than 50 feet from the building, premises or processing from whence the odors,
gases or fumes emanate.
(c) Unsanitary Conditions. A person, owner, tenant or agent responsible for or claiming
or having supervision or control of any real property, occupied or unoccupied, within the
limits of the City commits an offense by permitting or allowing the property to be used in
a manner that causes the breeding of flies or mosquitoes, or where sewage, human or
animal excreta, wastewater, garbage or any other matter is deposited, stored,
discharged or exposed in such a way as to be a potential instrument or medium in the
transmission of disease to or between persons.
Sec. 46-57 Cultivated and uncultivated agricultural properties; height limitations
(a) Uncultivated agricultural properties. A person, owner, tenant or agent responsible
for or claiming or having supervision or control over uncultivated agricultural property
commits an offense if such person permits or allows:
(1) Vegetation to grow to a height greater than twelve inches (12") within fifty
feet (50') from any adjacent property under different ownership, a right-of-way or
easement; or
(2) Vegetation to interfere with the visibility requirements at any intersection of
public thoroughfares.
(b) Cultivated agricultural properties. Where the distance between the growing crop
and adjacent property under different ownership, a right-of-way or easement is less than
25 feet, the person, owner, tenant or agent responsible for or claiming or having
supervision or control over cultivated agricultural property commits an offense if such
person permits or allows:
(1) Vegetation to grow to a height greater than twelve inches (12") between
such growing crop and any adjacent property under different ownership, a right-
of-way or easement; or
(2) Such growing crop interferes with the visibility requirements at any
intersection of public thoroughfares.
(c) Definition of agricultural property. For the purposes of this Section, property is
considered to be agricultural property, whether cultivated or uncultivated, if it has been
granted a property tax exemption by the county central appraisal district, or equivalent
authority, pursuant to the Texas Property Tax Code or state Constitution, for agricultural
or wildlife management or a property that has not been granted a property tax
exemption by the county appraisal district but is routinely cultivated producing an
agricultural crop during the past three (3) calendar years.
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Sec. 46-58. Notice of violation
(a) In the event any owner, tenant, agent or person responsible for or claiming or
having supervision or control over real property (hereinafter "owner") governed by this
Ordinance fails to comply with the provisions of this Ordinance, the City, by and through
its code enforcement division or designee shall give notice of the violation to such
owner. Such notice shall be given in any one of the following ways:
(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, service can be accomplished by:
a. Publication in the City's official newspaper at least once;
b. Posting notice on or near the front door of each building on the
property to which the violation relates; or
c. Posting a notice to a placard attached to a stake driven into the ground
on the property to which the violation relates, if the property contains no
buildings.
(b) If the City mails a notice to the owner in accordance with subsection (a), and the
United States Postal Service returns the notice as "refused," "unclaimed," or if the
address required by subsection (a)(2) was used and the notice is returned as "not
deliverable as addressed" (or an equivalent marking), the validity of the notice is not
affected, and the notice is considered as delivered.
(c) In a notice provided under this Section the City may inform the owner by regular
mail and a posting on the property that if the owner commits another violation of the
same kind or nature on or before the 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 or issue citations. If a violation covered by a notice under
this subsection (c) occurs within one year, 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 section 46-59 and assess its expenses as provided in section 46-60 of this
Ordinance.
Sec. 46-59 Citations; work or improvements by the City; charges against owner
If the owner fails or refuses to comply with the demand for compliance in the notice
within seven (7) days of such notice, the City may:
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(a) Issue citations as provided herein;
(b) Perform the work or make the improvement required, pay for the work done or
improvements made and charge the expenses to the owner of the property as provided
herein; and
(c) Assess a $100.00 administrative fee for abatement under this section.
Sec. 46-60 Assessment of expenses; lien
(a) In the event the owner fails or refuses to pay such expenses charged to the owner
under section 5(b) within ten (10) days after the first day of the month following the
month in which the work was done, a lien may be obtained against the property. To
obtain a lien, the City's health or code enforcement authority or, as the Mayor's
designee, the Code Enforcement Officer, must file a statement of the expenses incurred
in correcting the condition of the real property with the county clerk of the county in
which the property is located. The statement must also state the name of the owner, if
known, and the legal description of the property. The lien attaches upon filing of the
statement with the county clerk.
(b) The City's lien shall be a prior lien on such property, second only to tax liens and
liens for street improvements. The lien amount shall include simple interest, which shall
accrue at the rate of ten percent (10%) per annum from the date the expenses were
incurred by the City. The City may, and hereby authorizes the City Attorney to, bring a
suit for foreclosure to recover the expenditures and the interest due.
Sec. 46-61 Authority to immediately abate dangerous tall vegetation
(a) Notwithstanding any of the foregoing sections, the City may abate, without
notification, weeds, grass, brush or any unsightly vegetation that has grown higher than
48 inches (hereinafter "tall vegetation"); and is an immediate danger to the health, life.,
or safety of any person. The City must give notice, in the manner provided in section 4,
to the property owner no later than the tenth (10th) day after the date the City abates the
tall vegetation. The notification shall contain:
(1) An identification, which is not required to be a legal description, of the
property;
(2) A description of the violation of this Ordinance that occurred on the property;
(3) A statement that the City abated the tall vegetation; and
(4) An explanation of the property owner's rights to request an administrative
hearing regarding the City's abatement of the tall vegetation.
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(b) The City, by and through its Code Enforcement Officer or his designee, shall
conduct an administrative hearing not later than the 30th day after the date of the
abatement of the tall vegetation, if the owner files a written request for a hearing with
the City. The City shall conduct the administrative hearing not later than the 20th day
after the date a request for hearing is filed. At the administrative hearing, the owner may
testify or present any witnesses or written information relating to the City's abatement of
the tall vegetation.
(c) The City may assess expenses and create liens under this section in the same
manner and subject to the same conditions as set forth in Section 46-60.
(d) The City will assess a $100.00 administrative fee for abatement under this section.
Sec. 46-62 Authority to immediately abate dangerous Public Nuisances
(a) Notwithstanding any of the foregoing sections, the City may abate, without
notification, any Public Nuisance that is an immediate danger to the health, life, or
safety of any person. The City must give notice, in the manner provided in Section 46-
58, to the property owner no later than the tenth day after the date the City abates the
tall vegetation. The notification shall contain:
(1) An identification, which is not required to be a legal description, of the
property;
(2) A description of the violation of this article that occurred on the property;
(3) A statement that the City abated the Public Nuisance; and
(4) An explanation of the property owner's rights to request an administrative
hearing regarding the City's abatement of the Public Nuisance.
(b) The City shall conduct an administrative hearing on the notice of abatement of public
nuisance under this ordinance if, not later than the 30th day after the date of the
abatement of the public nuisance, the property owner files with the City a written
request for a hearing. The City shall conduct the administrative hearing not later than
the 20th day after the date a request for hearing is filed. At the administrative hearing,
the owner may testify or present any witnesses or written information relating to the
City's abatement of the Public Nuisance.
(c) The City may assess expenses and create liens under this section in the same
manner and subject to the same conditions as set forth in Section 46-60.
(d) The City will assess a $100.00 administrative fee for abatement under this section.
Sec. 46-63 Penalty provision
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The penal provisions imposed under this Chapter shall not preclude the City from filing
suit to enjoin the violation. The City retains all legal rights and remedies available to it
pursuant to local, state and federal law.
III.
This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo,
Texas, except where the provisions of the Ordinance are in direct conflict with the
provisions such ordinances, in which event the conflicting provisions of such ordinances
are hereby repealed.
IV.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
IV.
This Ordinance shall become effective immediately upon its passage, approval and
publication as provided by law.
PASSED AND APPROVED: This the 2-1 day of Jr, 2010.
CITY OF CIBOLO, TEXAS
•
BY: ( - f�' azyL
NNIF R HARTMAN, MAYOR
ATTEST:
PEGGY CIMICS, CITY SECRETARY
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