HomeMy WebLinkAbout2010-3241 - Ordinance - 04/22/2010
ORDINANCE NO. 2010-3241
AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit "A", attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor
more than Two Thousand Dollars ($2000.00). Each day any such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinances, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED thisZZndday of April , 2010.
APPROVED: ATTEST:
MAYOR CITY SECRE ARY
APPROVED:
.0
CITY ATTO NEY
Ordinance No. 2010-3241"- 2
Exhibit A
That Chapter 7 "Health and Sanitation" is hereby amended by amending Sections 1 and 2
of the Code of Ordinances of the City of College, Station Texas and to delete Section 3 in its
entirety and is to read as follows:
CHAPTER 7 HEALTH & SANITATION
SECTION 1: STAGNANT WATER, TRASH, WEEDS, & OTHER VEGETATION
PROHIBITED
(A) Stagnant Water Prohibited: It shall be unlawfiil for any person who owns or occupies any
house, building, establishment, lot, or yard in the City to permit or allow holes, places, or
containers where water may accumulate and become stagnant.
(B) Accumulation of Trash, Carrion, & Filth Prohibited: It shall be unlawful for any
person who owns or occupies any house, building, establishment, lot, or yard in the City to permit
or allow any trash, rubbish, carrion, filth, or other impure or unwholesome matter to accumulate
or remain thereon or therein.
(C) Weeds and Other Unsightly Vegetation Prohibited: It shall be unlawful for any
person owning, claiming, occupying, or having supervision or control of any real property
within the City to permit weeds, brush, or any objectionable or unsightly vegetation to grow due
to lack of vegetation management upon any such real property. It shall be the duty of such
person to keep the area from the line of his property to the curb line adjacent to it free and clear
of matter referred to above. Objectionable or unsightly vegetation includes all weeds and
grasses that exceed twelve inches (12") in height.
(1) Exemptions:
(a) State highway rights-of-way.
(b) Agricultural areas, agricultural meaning crop production and/or
grazing.
(c) Heavily wooded areas filled with uncultivated underbrush.
(d) The cultivation of concentrated wildflowers from March 1 until June
15 of each year in areas where grasses and weeds do not exceed
eighteen inches (18") in height.
(e) Areas that are zoned A-O or A-OR.
(D) View of Traffic Obstructed by Trees, Shrubs, & Vegetation: Trees, shrubs, bushes,
plants, grass, weeds, or any other vegetation growing at or near intersections in such manner
as to obstruct the view of approaching traffic from the right or left shall be unlawful, and the
Ordinance No. 2010-324:f-
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City Manager is hereby authorized to remove the vegetation.
(E) Work or Improvements Done by the City and Notice Requirements:
(1) If the owner of property in the City does not comply with an ordinance under this
chapter within seven days of notice of a violation, the City may:
(a) do the work or make the improvements required; and
(b) pay for the work done or improvements made and charge the expenses to
the owner of the property.
(2) The notice must be given:
(a) personally to the owner in writing;
(b) 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
(c) if personal service cannot be obtained:
(1) by publication at least once;
(2) by posting the notice on or near the front door of each building on
the property to which the violation relates; or
(3) by posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(3) If the City mails a notice to a property owner in accordance with Subsection (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.
(4) In a notice provided under this section, 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 Subsections (1) (a)
and (b) and assess its expenses as provided by Texas Health and Safety Code
§342.007.
Ordinance No. 2010-3241- 4
(F) The term "person" shall mean and include any natural person, business entity, or
association of people in this Chapter.
(G) A violation of this Chapter is also declared a nuisance and may be enforced 5000 feet
outside the city limits.
SECTION 2: UNLAWFUL CONDUCT RELATED TO HEALTH AND SAFETY
(A) A person commits an offense if he:
(1) uses property in a way that annoys, injures, or endangers the health, safety,
comfort, or repose of any person,
(2) uses property in a way that accumulates manure or rubbish or debris,
(3) creates or allows any sign, awning, and other similar structure over the streets or
sidewalks so situated or constructed as to endanger health, safety, comfort, or
repose of any person,
(4) makes filthy, littered, or trash-covered cellars, house yards, factory yards,
vacant areas in rear of stores, vacant lots, houses, buildings, or premises
containing trash, litter, rags, accumulation of empty barrels, boxes, crates,
packing cases, lumber or firewood not neatly piled, scrap iron, tin, and other
metal not neatly piled, or anything whatsoever in which flies or rats may breed
or multiply or which may be a fire danger,
(5) makes any unsightly building, pre-empted, or other structure, or any old,
abandoned, or partially destroyed building or structure, or any building or structure
commenced and left unfinished, or any abandoned well or excavation not
properly protected and which may attract children and endanger them in the
course of play,
(6) creates places used or maintained as junk yards, or dumping grounds, or for the
wrecking or disassembling of automobiles, trucks, or machinery of any kind, or
for the storing or leaving of any machinery or equipment used by contractors or
builders or by other persons, which said places are kept or maintained so as to
essentially interfere with the comfortable enjoyment of life or property by
others,
O allows the keeping of any lot or piece of ground where a pool or pond is located
that holds unwholesome, impure, stagnated, or offensive water,
(8) allows the open storage of commodities and materials for sale, lease, inventory
or private use in areas zoned as residential. Such materials shall be screened
Ordinance No. 2010-3241 5
by a solid fence and shall not be visible from a public right-of-way. Commodities
are defined as, but not limited to: appliances, automotive parts, building
materials, firewood, furniture (excluding patio and lawn furniture), and
landscape materials. Firewood stored in rear or side yards, and A - O and A -
OR zoning districts are exempt from the screening requirements,
(9) possesses, manufactures, stores, sells, handles, or uses fireworks,
(a) Exemption: a supervised public display of fireworks provided that a
permit for such fireworks display has been obtained from the State Fire
Marshall or his designated representative.
(10) allows or maintains an unreasonable noise:
(a) Day Time Noise
(1) during the hours of 7:00 A. M. to 10:00 P.M. that when
measured from the property line of a residence located in
residential zoned property exceeds 63 decibels and would disturb
or annoy a person of ordinary sensibilities, or
(2) during the hours of 7:00 A. M. to 10:00 P.M. that when
measured from a contiguous interior wall of a residence that is a
multiunit residence located in residential zoned property exceeds
55 decibels and would disturb or annoy a person of ordinary
sensibilities.
(b) Night Time Noise
(1) during the hours of 10:01 P.M to. 6:59 A. M. that when
measured from the property line of a residence located in
residential zoned property exceeds 56 decibels and would disturb
or annoy a person of ordinary sensibilities, or
(2) during the hours of 10:01 P.M to. 6:59 A. M. that when
measured from a contiguous interior wall of a residence that is a
multiunit residence located in residential zoned property exceeds
50 decibels and would disturb or annoy a person of ordinary
sensibilities.
(c) Exemptions
(1) Necessary construction or property maintenance, including the
use of lawnmowers, during the hours of 7:00 A.M. to 10:00
P.M.,
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(a) For a person to perform construction work before 7:00
A.M. or end later than 10:00 P.M. a permit must be
sought and obtained from the City Building Official, and
if the Building Official concludes that because of the
construction operations involved construction at that
time is reasonable and necessary.
(b) Construction work in public rights-of-way or easements
by the City or the Texas Department of Transportation.
(2) Use of properly maintained air conditioning units.
(d) Wolf Pen Creek Amphitheater
(1) If a user, renter, or any person occupying Wolf Pen Creek
Amphitheater makes or allows an unreasonable noise that would
disturb or annoy a person of ordinary sensibilities the City will
notify that person to lower the noise to a reasonable level.
(2) If the noise level is not lowered the person may be ordered to
cease use of the Amphitheater.
(B) The term "person" shall mean and include any natural person, business entity, or
association of people in this Chapter.
(C) A violation of this Chapter is also declared a nuisance and may be enforced 5000 feet
outside the city limits.