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1993-147E:\WPDOCS\ORD\HEALTHOF.ORD ORDINANCE NO. 93-1!Z2 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 14, ARTICLE II, ("HEALTH OFFICER"), OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTON TO PROVIDE FOR A DESIGNATION OF A CITY HEALTH OFFICER; TO PROVIDE DEFINITIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CONDITIONS; TO PROVIDE THE HEALTH OFFICER WITH AUTHORITY TO MAKE INSPECTIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CON- DITIONS AND ABATE SAID CONDITIONS AFTER NOTICE; TO PROVIDE FOR AN OFFENSE FOR ANY PERSON TO MAINTAIN SAID CONDITION AFTER NOTICE TO ABATE; TO PROVIDE FOR A SEVERABILITY CLAUSE; TO PROVIDE FOR A REPEAL OF ANY ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION OF THE PROVISIONS HEREOF; AND TO PROVIDE FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 14-26 of the Code of Ordinances, of the City of Denton, Texas, is hereby amended to read as follows: Sec. 14-26. Designation of City Health Officer. The duties provided in this Chapter shall be performed by the City Health Officer. The City Health Officer is the Environmental Health Services Manager. SECTION II. That the Code of Ordinances, of the City of Denton, Texas, is hereby amended by adding sections to be numbered 14-27 and 14-28, which said sections read as follows: Sec. 14-27. Authority to Make Inspections and Abate Nuisances After Notice. (a) The City Health officer may inspect all places and premises in the City at reasonable times with the permis- sion of the owner or occupant or may, upon issuance of an appropriate warrant, enter in and upon any premises within the City. (b) Upon finding any unsanitary, unhealthful, or un- safe condition, or any condition constituting a nuisance, the City Health Officer shall give the owner or occupant of such place or premises written notice to abate such con- dition within five (5) days. The following terms, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Unhealthful means a condition which is un- clean, contaminated, or unwholesome; 2. Unsafe means a condition which is capable of causing harm or injury; and 3. Unsanitary means a condition containing or promoting disease-causing organisms and other harmful substances. (c) Unsanitary, unhealthful, or unsafe conditions shall include, but not be limited to the following: 1. An accumulation of organic bodily waste which places the health of any person or animal at risk; 2. An animal shelter not in compliance with TEX. HEALTH & SAFETY CODE ANN. Sec. 823.003; 3. Any uninterred dead animal upon a premises; 4. Any unpreserved animal part or parts displayed on a premises, except in retail or wholesale establishments offering meat, fish, or poultry for sale such as grocery stores, butcher shops, or fish markets; 5. A steel trap set up on a premises designed to be capable of causing injury to any person or animal; 6. Any condition which is defined as a nuisance, pursuant to TEX. HEALTH & SAFETY CODE ANN. Sec. 341.011 et seq. Sec. 14-28. Enforcement. (a) The City Health Officer may abate or cause the abatement by any reasonable means any unsanitary, unhealth- ful, or unsafe condition if not abated by the owner or oc- cupant within five (5) days. (b) It shall be unlawful for any person to refuse to allow any authorized inspection of a premises. (c) It shall be unlawful for any person to keep, allow or maintain any unsanitary, unhealthful, or unsafe condi- tion on a premises owned by him or under his care or oc- cupancy after receiving a notice from the City Health officer to abate such condition. SECTION III. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof PAGE 2 to any person or circumstance is held invalid by any court of com- petent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or part of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. ~y'v/_ PASSED AND APPROVED this the LZ` day of , 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY _ BY: APP VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY PAGE 3