2009-062I VOur Doc =\0rd n-09Tropmy Maint-c Cado-Miclc I-N] I -Fiual.dm
ORDINANCE NO.(_~)D 09 - O& a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING A NEW CHAPTER 17
"PROPERTY MAINTENANCE" IN THE CODE OF ORDINANCES OF THE CITY OF
DENTON; REPEALING CHAPTER 20 "NUISANCES" OF THE CODE OF ORDINANCES;
REPEALING SECTIONS 21-51, 21-55, AND 21-56 OF CHAPTER 21 "OFFENSES" OF THE
CODE OF ORDINANCES; REPEALING A PORTION OF SECTION 35-76 OF CHAPTER 35
"ZONING" OF THE CODE OF ORDINANCES; PROVIDING A SEVER-ABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton finds it in the best interest of citizens
and property owners to amass all property maintenance regulations into one chapter of the Code
of Ordinances; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Code of Ordinances of the City of Denton is hereby amended by
creating Chapter 17 "Property Maintenance" to read as follows:
Chapter 17
PROPERTY MAINTENANCE
ARTICLE I. IN GENERAL
Sec. 17-1. Purpose and intent.
(a) The regulations within this chapter shall be known as the Denton Property
Maintenance Code ("DPMC"). The provisions of the DPMC shall apply to all existing structures
and premises within Denton's city limits.
(b) The purpose of the DPMC is to establish the minimum maintenance and sanitary
standards for all premises and existing structures so as to protect against blight, neighborhood
decline, and depreciation of property. It is also the intent of the DPMC to ensure the health,
safety and general welfare of the citizens of the City of Denton.
(c) Existing structures and premises that do not comply with these provisions shall be
altered, and/or repaired to meet the minimum requirements stated herein. All repairs, new
additions, or alterations of existing structures that require a building permit shall comply with the
adopted edition of the International Building Code currently in effect at the time of the repair,
new addition, or alteration. The DPMC shall not govern the use or development of land, but
shall defer to the Denton Development Code ("DDC") on these matters.
(d) When regulations imposed by the DDC impose greater restrictions than are required
by the DPMC, the provisions of the DDC shall control.
Page 1 of 28
S:10u, D- &Ordi-d09,Ropmy M.im.- CWd Anid. I-\II -N.Ad.
Sec. 17-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Approved sound-level meter means an instrument sensitive to pressure fluctuations that
provides a digital decibel reading indicating the level of sound based on a reference of zero db
(0.0002 Micro Bar). The instrument must also be capable of taking measurements on the A-
weighted scale and on a slow response.
A-weighted sound pressure level means the sound pressure level as measured on an
approved sound-level meter using the A-weighting network.
Carrion means the dead, putrefying flesh of any animal, fowl, or fish.
Clearly audible means any sound for which the information content of that sound is
unambiguously communicated to the listener, such as, but not limited to, understandable spoken
speech which need not be wholly discernable, or comprehension of whether a voice is raised or
normal, bass reverberations, or comprehensible musical rhythms.
Daytime means from 7:00 a.m. to 10:00 p.m.
Designee(s) means City employee or employees designated by the city manager to
perform activities related to notification and abatement of graffiti.
Established perimeter means the established perimeter of an event will be the permanent
or temporary fencing in place for the event, or the natural boundaries of a specific location or
address.
Filth means any matter in a putrescent state.
Garbage means any kitchen refuse, foodstuffs, or related materials, including all
decayable waste.
Graffiti means visual blight or any unauthorized form of painting, scratching, writing, or
inscription including initials, slogans, symbols or drawings, regardless of the content or nature of
the material that has been applied to any wall, building, fence, window, sign or other structure or
surface and is visible from any public property or right-of-way or is visible from the private
property of another person. "Graffiti" does not include any of the foregoing used for advertising
purposes placed on any property in compliance with any applicable City ordinance, state or
federal law.
Graffiti implement means an aerosol paint container, paint stick or graffiti stick, etching
equipment, brush or any other device capable of scarring or leaving a visible mark on any natural
or man-made surface.
Page 2 of 28
S:tOur Dace teOrdinanccSO9TropWy Maint-c CodoArticls l-\II -Final.doc
Improved parking surface means a parking area constructed in compliance with the
Denton Development Code and the Transportation Criteria Manual (Parking Lot Design-
Materials and Pavements Section).
Impure or unwholesome matter means any putrescible or nonputrescible condition, object
or matter which tends, may, or could cause injury, death or disease to human beings.
Inoperable motor vehicle means a motor vehicle that is not in operating condition
because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires.
Inoperable vehicle means a vehicle without a motor, including but not limited to trailers,
campers, camper shells, and wheeled towing frames, that is not in operating condition because it
is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires.
Junk means all worn out, worthless, or discarded material, including, but not limited to,
odds and ends, old iron or other metal, glass, and wood.
Junk vehicle means a vehicle that is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; and
b. A valid motor vehicle inspection certificate-, and
(2) Is:
a. Wrecked, dismantled or partially dismantled, or discarded; or
b. Inoperable and has remained inoperable for more than:
1. Seventy-two consecutive hours, if the vehicle is on public property; or
2. Thirty consecutive days, if the vehicle is on private property; as
defined in Tex. Transp. Code 5683.071.
Matter means that of which any physical object is composed.
Minor means any person under 17 years of age.
Motorcycle means a motor vehicle designed to propel itself with not more than three
wheels in contact with the ground. The term does not include a tractor or any other self-propelled
farm equipment.
Motor vehicle for the purposes of this article shall only include passenger cars, pickup
trucks and motorcycles.
Nighttime means from 10:00 p.m. to 7:00 a.m.
Noise means any sound which is unwanted or which causes, or tends to cause, an adverse
psychological or physiological effect on human beings.
Page 3 of 28
S:`Our Dorn-&0rdman -%09ftopny Mamtm-CodoArticIm I-\II -Final.dm
Nuisance means whatsoever is dangerous or detrimental to human life or health;
whatsoever renders the ground, the water, the air, or the food a hazard or injurious to human life
or health; whatsoever is offensive to the senses; or whatsoever is detrimental to the public health
or welfare.
Outdoor music festival means any form of musical entertainment provided by live
performances if-
(1) More than 200 persons are in attendance at any one performance, or
(2) The event requires paid admission, and
(3) Any of the performers or performance are not within a permanent, enclosed
structure, and
(4) Any of the performance involves the use of amplified sound.
Outside display means the displaying of objects, items, products, or other merchandise
outside an enclosed building that is intended and available for immediate sale, rental, or special
order.
Outside storage means the storage of any objects, items, products, or materials outside an
enclosed building that are not intended for immediate sale, rental, or special order.
Owner means any person or entity shown as the property owner on the latest property tax
assessment rolls or any person having or claiming to have any legal or equitable interest in the
property, including any agent who is responsible for managing, leasing or operating the property
and including any tenant.
Parent means a person who is a natural parent or adoptive parent of a minor. As used
herein, "parent" shall also include a court-appointed guardian or other person 21 years of age or
older, authorized by the parent, by a court order, or by the court appointed guardian to have the
care and custody of the minor.
Passenger car means a self-propelled vehicle designed or used primarily for the
transportation of persons upon streets and does not include truck-tractors, trailers, campers,
recreational vehicles, travel trailers or farm tractors.
Perimeter fence means an enclosure used as a boundary or means of providing protection,
confinement, or privacy and is located along the limits of the developed area and is adjacent to
an alley, utility easement, or right-of-way.
Property means all privately owned occupied or unoccupied property, including vacant
land, and/or a building designed or used for residential, commercial, business, industrial or
religious purposes. The term "property" shall also include a yard, ground, wall, driveway, fence,
porch, steps or other structure appurtenant to the property.
Page 4 of 28
5:`Our Do menLi O< mmce5b9IYopmy Mamiaimce CodcAniclm 1-\II -Fino,doc
Refuse means a heterogeneous accumulation of worn-out, used, broken, rejected or
worthless materials including, but not limited to, garbage, paper or litter, and other decayable or
nondecayable matter.
Sound amplifying equipment means any machine or device for the sound amplification of
the human voice, music, musical equipment, or any other sound. "Sound amplifying equipment"
shall not include warning devices on authorized emergency vehicles or horns or other warning
devices on any vehicles used only for traffic safety purposes.
Street means the width between the boundary lines of a publicly or privately maintained
way, any part of which is open to the public for vehicular travel.
Temporary carport or auto shade cover means a structure that is easily moveable which
supports a flexible membrane canopy used for the purpose of providing shade and/or weather
protection for automobiles, trucks, recreational vehicles, boats, and similar vehicles.
Trash and debris means all manner of refuse including, but not limited to junk, carrion,
filth, garbage, impure or unwholesome matter, grass and weed clippings, paper trash, useless
fragments of building material, rubble, useless household items, items of salvage such as scrap
metal and wood, old barrels, old tires, objects that hold water for an extended time, tree and
brush trimmings, and other miscellaneous wastes or rejected matter.
Truck-tractor means a motor-driven vehicle designed and used primarily for drawing
another vehicle and not constructed to carry a load other than a part of the weight of the vehicle
and load to be drawn.
Unauthorized means without the consent of the owner or without authority of law,
regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed
under circumstances tending to show (1) the absence of evidence of specific authorization by the
owner, (2) that the visual blight is inconsistent with the design and the use of the subject
property, or (3) that the person causing the visual blight was unknown to the owner.
Understory vegetation means any shrubs, trees (including saplings), brush, bushes,
wildflowers, native grasses, or vines that make up the ecosystem surrounding trees in wooded
areas. Understory vegetation does not include weeds.
Vehicle means a device in or by which a person or property is or may be transported or
drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers,
campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel
trailers, self-propelled farm equipment, motor-boats or boat trailers. For the purposes of this
article, "vehicles" shall not include non-motorized bicycles, skateboards, roller skates, or any
other non-motorized toy vehicle.
Vibration (bass reverberation) means a temporal and spatial oscillation of displacement,
velocity, or acceleration in a solid material created by the use or operation of a stationary
loudspeaker, amplifier, musical instrument, or any other sound amplifying equipment. Any
Page 5 of 28
S:~Our Do mu10rdivncce09q opwy Maimmance Code-Articles 1-\I I -Final.dm
ground or structure-borne vibrational motion that is perceptible by sensation by touch, visual
observation of moving objects, or means other than through the sense of hearing.
Weeds means any vegetation other than shrubs, brush, vines, wildflowers, native grasses,
bushes, trees, cultivated flowers, plants, grasses, and crops during their established growing
seasons.
Sec. 17-3. Motor vehicles and traffic.
See Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of the City of
Denton.
Sec. 17-4. Home occupations.
See Subchapter 12 "General Regulations" of the Denton Development Code.
Sec. 17-5. Temporary uses, i.e., occasional sales, temporary storage, etc.
See Subchapter 12 "General Regulations" of the Denton Development Code.
Sec. 17-6. Home Owners' Associations.
See Subchapter 12 "General Regulations" of the Denton Development Code.
Sec. 17-7. Signs and advertising devices.
Signs must be maintained in a structurally sound condition per Subchapter 15 "Signs and
Advertising Devices" of the Denton Development Code.
Sec. 17-8. Penalty provision.
Any person violating any provision of the Denton Property Maintenance Code shall,
upon conviction, be fined a sum not to exceed five hundred dollars ($500.00). If any person has
been convicted or received a deferred adjudication for two or more violations of this Chapter and
at least two of the violations have different offense dates and occurred on the same property, the
person shall be considered a chronic offender if a third citation is issued for the same property
within 24 months of the first violation. Any person violating any provision of the Denton
Property Maintenance Code as a chronic offender shall, upon conviction, be fined a sum not less
than three hundred dollars ($300.00) and not to exceed five hundred dollars ($500.00).
ARTICLE II. NOISE AND ODORS
Sec. 17-20. Noise.
(a) Declaration of intent. It is hereby declared to be the policy of the City to minimize
the exposure of citizens to the potential physiological and psychological harm of excessive noise
and to protect, promote, and preserve the public health, comfort, convenience, safety, and
Page 6 of 28
S:'Our Do m&OrdinmcaW4tPropmy Maintmancc Codc-Articla I-XI I -Final.dm
welfare. It is the express intent of the City Council to control the level of noise in a manner that
promotes commerce; protects the sleep and repose of citizens; promotes the use, value, and
enjoyment of property; and preserves the quality of the environment.
(b) Sound measurement criteria. For purposes of this ordinance, sound measurements
will be made using the A-weighting scale on an approved sound-level meter, based on the
reference sound pressure (0 dba). Measurement times will be no less than two minutes in length,
and violations will be determined based on the highest registered reading in that measurement
period. All measurement levels will be inclusive of any ambient noise that exists at the time of
the measurement.
(c) General noise violations.
(1) It shall be unlawful for a person to make or cause any unreasonably loud, disturbing,
or unnecessary noise, which causes material distress, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof.
(2) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment of
private homes by persons of ordinary sensibilities.
(3) The following acts, among others, are declared to be noise nuisances in violation of
this Code, but such enumeration shall not be deemed to be exclusive:
a. The playing of any phonograph, television, radio, or any musical instrument in
such manner or with such volume, so as to be clearly audible to a person in their
residence, and
1. During the daytime, measure more than 65 dba on the A-weighting scale
on an approved sound-level meter at more than 50 feet from the source; or
2. During the nighttime, measure more than 65 dba on the A-weighting scale
on an approved sound-level meter at more than 50 feet from the source-, or
3. During the daytime, in a multi-family dwelling, measure more than 50 dba
on the A-weighting scale on an approved sound-level meter in any
adjacent unit; or
4. During the nighttime, in a multi-family dwelling, be clearly audible within
any unit that is not the source of the sound.
b. The use of any stationary loudspeaker, amplifier, musical instrument, or sound
amplifying equipment in such a manner or with such volume so as to be clearly
audible to a person in their residence, and
Page 7 of 28
S:!Oor Docummte0rd n-a%0"ropa y Mamttnaocc CodoArtidm 1-\II -Fi W.dm
1. During the daytime, be of such intensity and volume so as to measure
more than 65 dba on the A-weighting scale on a sound-level measuring
device at more than 50 feet from the source; or
During the nighttime, be of such intensity and volume so as to measure
more than 65 dba on the A-weighting scale on a sound-level measuring
device at more than 50 feet from the source; or
3. During the daytime, in a multi-family dwelling, measure more than 50 dba
on the A-weighting scale on an approved sound-level meter in any
adjacent unit; or
4. During the nighttime, in a multi-family dwelling, be clearly audible within
any unit that is not the source of the sound; or
5. At any time on Sunday;
6. Provided; however, that the City Council may make exceptions upon
application for sound levels or hours of operation when the public interest
will be served thereby.
C. The creation of vibration or bass reverberations at any time that is perceptible
inside a complaining person's residence, through the sense of touch, or through
visual observation of moving objects, or through the sense of hearing.
d. The use of any radio, stereo, amplifier, sound amplifying equipment, or other
musical device installed or contained in a motor vehicle at a volume such that it is
clearly audible to any person from more than 35 feet from the vehicle.
The blowing of any steam whistle attached to any stationary boiler or the blowing
of any other loud or far-reaching steam whistle within the city limits, except to
give notice of the time to begin or stop work or as a warning of danger;
f. The erection, excavation, demolition, alteration, or repair work on any building at
anytime other than between the hours of 6:00 a.m. and 8:30 p.m. Monday through
Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday
through Friday from October 1 to May 31; between 8:00 a.m. and 8:30 p.m. on
Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday; provided, however,
that the City Council may issue special permits for such work at other hours in
case of urgent necessity and in the interest of public safety and convenience;
g. The creation of any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening or destruction of bales, boxes, crates or
containers;
h. The use of any drum, loudspeaker, or other instrument or device for the purpose
of attracting attention by the creation of noises to any performance, show, theater,
Page 8 of 28
S:'Our Do mmts`OrdiumccNg\Propmy Mamtmmcu Codo-Ardclm 1-\II -Final.dm
motion picture house, sale of merchandise, or display which causes crowds or
people to block or congregate upon the sidewalks or streets near or adjacent
thereto.
(d) Outdoor music festivals. At any outdoor music festival, it shall be unlawful for any
person or group sponsoring the event to make, cause, allow, or permit any noise that:
1. Exceeds 70 dba on an approved sound-level meter when measured at the
established perimeter of the event.
2. Provided, the City Council may make exceptions upon application for sound
levels or hours of operation when the public interest will be served thereby.
(e) Criminal penalty.
(1) A person commits an offense if he violates or attempts to violate a provision of this
chapter applicable to him. A culpable mental state is not required for the commission of an
offense under this chapter unless the provision defining the conduct expressly requires a culpable
mental state. A separate offense is committed each day in which an offense occurs. An offense
committed under this chapter is punishable by a fine of not more than five hundred dollars
($500.00).
(2) Prosecution for an offense under subsection (a) does not prevent the use of other
enforcement remedies or procedures applicable to the person charged with or the conduct
involved in the offense.
Sec. 17-21. Odors.
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of
such character, strength or continued duration as to substantially interfere with the comfortable
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possession of chemicals or from industrial processes
or activities which disturb the comfort and repose of persons of ordinary sensibilities;
Page 9 of 28
S:'Om Do ems`Ordinmco-\0W"poly Maiatmmce Codc-Articles 1A11 -Fiual.dm
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(5) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead animals on any premises.
ARTICLE III. INOPERABLE AND JUNK VEHICLES
Sec. 17-30. Authority to take possession of abandoned motor vehicles.
(a) The police department may take into custody an abandoned motor vehicle found on
public or private property.
(b) The police department may employ its own personnel, equipment and facilities or
hire persons, equipment and facilities to remove, preserve and store an abandoned motor vehicle
it takes into custody.
Sec. 17-31. Notification of owner and lienholders of abandoned vehicle.
(a) When an abandoned motor vehicle is taken into custody, the police department shall
notify not later than the tenth day after taking the motor vehicle into custody, by certified mail,
the last known registered owner of the motor vehicle and all lienholders of record pursuant to the
Certificate of Title Act, Tex. Transp. Code ch. 501 or Tex. Parks and Wildlife Code §31.001, et
seq., that the vehicle has been taken into custody. The notice shall describe the year, make,
model and vehicle identification number of the abandoned motor vehicle, set forth the location of
the facility where the motor vehicle is being held, inform the owner and any lienholders of their
right to reclaim the motor vehicle not later than the twentieth day after the date of the notice, on
payment of all towing, preservation and storage charges resulting from placing the vehicle in
custody, or garagekeeper's charges if notice is under Tex. Transp. Code §683.032. The notice
shall also state that the failure of the owner or lienholders to exercise their right to reclaim the
vehicle within the time provided constitutes a waiver by the owner and lienholders of all right,
title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a
public auction.
(b) If the identity of the last registered owner cannot be determined, if the registration
contains no address for the owner or if it is impossible to determine with reasonable certainty the
identity and addresses of all lienholders, notice by one publication in the official newspaper of
the City is sufficient notice under this Article. The notice by publication may contain multiple
listings of abandoned vehicles, shall be published within the time requirements prescribed for
notice by certified mail and shall have the same contents required for a notice by certified mail in
this section.
(c) The consequences and effect of failure to reclaim an abandoned motor vehicle are as
set forth in a valid notice given under this section.
Page 10 of 28
S:'O., Docu .Ut 0,d -sW9T,.pwy M i t.-CodoAnida 1-X11 -R.O.d.
(d) The police department or an agent of the police department who takes custody of an
abandoned motor vehicle is entitled to reasonable storage fees for:
(1) A period of not more than 10 days beginning on the day the police department
takes custody and continuing through the day the department mails notice as provided by
this section; and
(2) A period beginning on the day after the day the police department mails notice
and continuing through the day any accrued charges are paid and the vehicle is removed.
Sec. 17-32. Police department use of certain abandoned motor vehicles.
(a) If an abandoned motor vehicle has not been reclaimed as provided by section 17-31,
the police department may use that vehicle for police department purposes as provided by this
section.
(b) The police department may use the abandoned motor vehicle for police department
purposes as long as the department considers it cost-effective. If the police department
discontinues use of the abandoned motor vehicle, the department shall auction the vehicle as
provided by section 17-33.
lien.
(c) This section does not apply to an abandoned motor vehicle with a garagekeeper's
Sec. 17-33. Auction of abandoned motor vehicles.
If an abandoned motor vehicle has not been reclaimed as provided by section 17-31, the
police department may use the abandoned motor vehicle for police department purposes as
provided by section 17-32 or sell the vehicle at a public auction. Proper notice of the public
auction shall be given, and in the case of a garagekeeper's lien, the garagekeeper shall be notified
of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor
vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the
police department and is entitled to register the purchased vehicle and receive a certificate of
title. From the proceeds of the sale of an abandoned motor vehicle, the City shall reimburse itself
for the expenses of the auction; the costs of towing, preserving and storing the vehicle that
resulted from placing the abandoned motor vehicle in custody; and all notice and publication
costs incurred under section 17-31. Any remainder from the proceeds of a sale shall be held for
the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special
fund that shall remain available for the payment of auction, towing, preserving, storage and all
notice and publication costs that result from placing another abandoned vehicle in custody, if the
proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses
and costs.
Sec. 17-34. Disposal of abandoned vehicle by demolition.
(a) If an abandoned motor vehicle is not reclaimed in accordance with section 17-31, the
State Department of Highways and Public Transportation, on notification of that fact by the
Page 11 of 28
S:\Our D=wm&Ord n=ccN9,Propwy Mamtmmcc Codo-Aniclm I-X11-Fmil.dm
applicant, shall issue the applicant a certificate of authority to sell the motor vehicle to a
demolisher for demolition, wrecking or dismantling. A demolisher shall accept the certificate in
lieu of the certificate of title to the motor vehicle.
(b) The State Department of Highways and Public Transportation may issue the
applicant a certificate of authority to dispose of the motor vehicle to a demolisher without
following the notification procedures of section 17-31 if the motor vehicle is more than eight
years old and has no engine or is otherwise totally inoperable.
(c) A person in possession of an abandoned vehicle that was authorized to be towed in
by the police department and that is more than eight years old and has no engine or is otherwise
totally inoperable may, on affidavit of that fact and approval of the police department, apply to
the State Department of Highways and Public Transportation for a certificate of authority to
dispose of the vehicle to a demolisher for demolition, wrecking or dismantling only.
Sec. 17-35. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public
nuisance; maintaining public nuisance prohibited.
(a) An inoperable vehicle, inoperable motor vehicle, or junked vehicle that is visible
from any right-of-way or adjacent property and/or is considered detrimental to the safety and
welfare of the general public, tends to reduce the value of private property, invites vandalism,
creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of
minors, produces urban blight adverse to the maintenance and continuing development of the
city, is declared to be a public nuisance.
(b) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to maintain a public nuisance as
determined under this section.
(c) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to have more than one inoperable
vehicle, inoperable motor vehicle, or junked vehicle upon their property. This subsection shall
not apply to auto sales lots, vehicle repair businesses, and salvage yards as long as all inoperable
and junk vehicles on these properties shall be kept in compliance with subsections (d), (e), (f),
and (g).
(d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be
screened from any right-of-way or adjacent property by means of a solid opaque fence or shall be
enclosed within a building. In no case shall any cover placed over an inoperable vehicle,
inoperable motor vehicle, or junked vehicle constitute adequate screening.
(e) Vehicle repair businesses may have up to five vehicles legally parked on the business
property which are not screened from public view regardless of whether the vehicles are
currently registered and inspected, provided that the vehicles are not wrecked, dismantled,
partially dismantled, dilapidated, have broken window glass, or have one or more flat tires.
Page 12 of 28
S:`Our D-ts`(r =ccs\O opmy Maint-ce Codo-Artidm I-all 4inA.dac
(f) Auto sales lots are exempt from subsection (d) when operating in compliance with all
State laws and any other City ordinances regulating auto sales, and which are not displaying
vehicles that are wrecked, dismantled, partially dismantled, dilapidated, have broken window
glass, or have one or more flat tires.
(g) Vehicle repair businesses may not maintain inoperable or junk vehicles on their
property in excess of 120 consecutive days. The vehicles on the property must be on the
property for the purpose of repair. Additionally, a current, valid work order must be maintained
for every vehicle. A current, valid work order is a work order that is 120 days old or less.
(h) It shall be construed that a vehicle that is not demonstrated to be operable upon
request of the designated City official is an inoperable vehicle.
(1) An inoperable motor vehicle that remains inoperable for more than 30 consecutive
days becomes a junked vehicle.
0) At no time shall a tarp or any cover not designed to cover a motor vehicle or vehicle
be used as a cover for an operable motor vehicle or operable vehicle.
Sec. 17-36. Procedures for abating nuisance; exception.
(a) The City may abate and remove a junked vehicle or a part of a junked vehicle as a
public nuisance from private property, public property or public rights-of-way as provided in this
section.
(b) For such nuisance on private property, the City shall give not less than 10 days'
notice stating the nature of the public nuisance on private property, that it must be removed and
abated within 10 days and that a request for a hearing must be made before expiration of the ten-
day period. The notice shall be mailed, by certified mail with a five-day return requested, to the
last known registered owner of the junked motor vehicle, any lienholder of record and the owner
or occupant of the private premises on which the public nuisance exists. If any notice is returned
undelivered by the United States Post Office, official action to abate the nuisance shall be
continued to a date not less than 10 days after the date of the return.
(c) For such nuisance on public property, the City shall give not less than 10 days'
notice, stating the nature of the public nuisance on public property or on a public right-of-way,
that the nuisance must be removed and abated within 10 days and that a request for a hearing
must be made before expiration of the ten-day period. The notice shall be mailed, by certified
mail with a five-day return requested, to the last known registered owner of the junked motor
vehicle, any lienholder of record and the owner or occupant of the public premises or to the
owner or occupant of the premises adjacent to the public right-of-way on which the public
nuisance exists. If the notice is returned undelivered by the United States Post Office, official
action to abate the nuisance shall be continued to a date not less than 10 days after the date of the
return.
(d) A public hearing shall be held before the removal of the vehicle or vehicle part as a
public nuisance. The hearing shall be held before the City Council or official as designated by
Page 13 of 28
S:%Om Do mmts`Or mce W\Propmy Maintmmcc Codo-Anicim 1-\II -Final.dm
the City Council, if a hearing is requested by the owner or occupant of the public or private
premises or by the owner or occupant of the premises adjacent to the public right-of-way on
which the vehicle is located, within 10 days after service of notice to abate the nuisance. A
resolution or order requiring the removal of a vehicle or vehicle part must include a description
of the vehicle and the correct identification number and license number of the vehicle if the
information is available at the site.
(e) Notice shall be given to the State Department of Highways and Public
Transportation not later than the fifth day after the date of removal. The notice shall identify the
vehicle or vehicle part. The department shall immediately cancel the certificate of title to the
vehicle pursuant to the Certificate of Title Act, Tex. Transp. Code ch. 501.
(f) The procedures in this section shall not apply to a vehicle or vehicle part that is
completely enclosed within a building in a lawful manner where it is not visible from the street
or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful
manner on private property in connection with the business of a licensed vehicle dealer or
junkyard or an unlicensed, operable or inoperable antique or special interest vehicle stored by a
collector on the collector's property, if the vehicle and the outdoor storage area are maintained in
a manner so that they do not constitute a health hazard and are screened from ordinary public
view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
Sec. 17-37. Disposal of junked vehicles.
A junked vehicle or vehicle part may be disposed of by removal to a scrapyard,
demolisher or any suitable site operated by the City for processing as scrap or salvage. The
process of disposal must comply with the provisions of section 17-36. The City may transfer the
vehicle or vehicle parts to a disposal site if the disposal is only as scrap or salvage.
Sec. 17-38. Enforcement.
The person authorized by the City Council to administer the procedures authorized by
this division may enter private property as authorized by law for the purposes specified in the
procedures to examine a vehicle or vehicle part, obtain information as to the identity of the
vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance.
A person may be authorized by law to enter private property in the following circumstances: 1)
with consent of the owner or person in control of the property; 2) with a valid warrant issued by
a magistrate; or 3) when the private property is open to the public.
ARTICLE IV. GRASS AND WEEDS
Sec. 17-40. Grass and weeds in excess of twelve inches in height declared a nuisance and
prohibited.
(a) It shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied, within the corporate limits
of the City to fail to remove any weeds and grass growing in excess of 12 inches in height on
said real property, including easements and rights-of-way. Right-of-way maintenance is from
Page 14 of 28
S:'Our Docum &OrdmmccOftVTroputy Maintw=cc CWd Anids I-\II -FmW.dx
the property line to the curb or, if no curb exists, from the property line to the street. It is a
violation of this section if the tall grass and weeds are visible from a right-of-way or an adjacent
property.
(b) It shall be unlawful for any owner or occupant of any property within the city to fail
to remove understory vegetation growing within one foot of the street or alley adjacent to that
private property.
It shall be a defense to prosecution if the understory vegetation does not obstruct the view
of any operators of motor vehicles on any streets, driveways or alleys.
(c) It shall be unlawful for any owner or occupant of any property within the city to fail
to remove limbs existing lower than 13.5 vertical feet above a street, 7 feet above a sidewalk, or
12 feet above an alley.
However, it shall be a defense to prosecution under this subsection if the trees do not
obstruct the safe passage of vehicles, including fire and emergency vehicles, sanitation vehicles,
recreation vehicles, or buses.
(d) It shall be unlawful for any owner or occupant of any property within the City to fail
to remove any weeds and grass growing upon the surface of an improved right-of-way.
(e) The provisions of this section shall not apply to any area greater than 100 feet from
any open street or thoroughfare, as measured from the right-of-way line of such street or
thoroughfare, and greater than 100 feet from any adjacent property under different ownership
and on which any building is located or on which any improvement exists, as measured from the
property line for lots, tracts, or parcels of land of five or more acres.
(f) Property designated as an Environmentally Sensitive Area ("ESA") per Subchapter
17 of the Denton Development Code and/or required by an ordinance to be maintained in a
natural state are exempt from these provisions.
(g) Property included as part of a conservation easement shall be exempt from these
provisions.
(h) Undeveloped lots with understory vegetation shall be exempt from these provisions.
Sec. 17-41. Defenses and responsibilities.
It shall be a defense to prosecution under article IV that the vegetation is any of the
following:
(1) Agricultural crops, except grass and hay, unless subsection (2) stated below applies;
(2) Hay that is grown within its designated growing season for the specific purpose of
cultivation and is a part of a predominantly homogeneous plant population may be grown to any
Page 15 of 28
5:'Our Dm=mts'Ordinmccs\09ftopmy Mamtmmcc Cado-Anicla I.xl I -FhW,dm
height provided it is located no closer than 20 feet to an adjacent property under different
ownership and on which any building or improvement exists;
(3) Cultivated trees;
(4) Cultivated shrubs;
(5) Understory vegetation;
(6) Flowers or other decorative ornamental plants and grasses under cultivation;
(7) Wildflowers, but only until such time as seeds have matured following the final
blooming of the majority of the plants; or
(8) Native grasses, but only until such time as the majority of a species have gone
dormant.
See. 17-42. Additional authority to abate dangerous grass or weeds.
(a) The City may go upon property and do or cause to be done the work necessary to
obtain compliance with this article without notice when:
(1) Grass or weeds have grown higher than 48 inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) No later than the tenth day after the date the City causes the work to be done under
this section, the City shall give notice to the property owner in the manner required by Article XI
of this code.
(c) The notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations of the article that occurred on the property;
(3) A statement that the City abated the weeds;
(4) An itemized statement of the charges incurred by the City in doing or in having such
work done as necessary to bring the real property into compliance with this article; and
(5) An explanation of the property owner's right to request an administrative hearing
about the City's abatement of the weeds.
(d) Appeal of costs imposed. Within 15 days of the date the statement of costs is mailed
to the owner of the premises, the owner may appeal the reasonableness of the charges billed for
abating the condition to the City Council by filing a written statement with the City Council,
Page 16 of 28
S:%Our Dacvmmts10rdin=ccs\09U"pcrty Maiattnaacc Cade-Aniclca I-Nil -Fioal.dw
stating why the charges are unreasonable. The appeal shall be submitted to the City Council for
review within a reasonable time after filing. If the City Council finds the charges unreasonable, it
shall assess the costs as it deems reasonable. The administrative charge shall not be appealable.
(e) The City may assess expenses and create liens under this section as it assesses
expenses and creates liens as provided in this article.
Sec. 17-43. Tree preservation and maintenance; landscape maintenance.
See Subchapter 13 "Site Design Standards" of the Denton Development Code.
ARTICLE V. TRASH AND DEBRIS
Sec. 17-50. Trash and debris declared a nuisance and prohibited.
(a) It is unlawful and declared a nuisance for any person owning, claiming, occupying or
having supervision or control of any real property, occupied or unoccupied, within the corporate
limits of the City, to fail to remove any refuse, trash, debris, filth, carrion, junk, or garbage from
any such real property, including easements and rights-of-way. It is a violation of this section if
the refuse, trash, debris, filth, carrion, junk, or garbage is visible from a right-of-way or an
adjacent property.
(b) It is unlawful to maintain premises in a manner that creates unsanitary conditions that
attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests.
ARTICLE VI. OUTSIDE STORAGE AND OUTSIDE DISPLAY
Sec. 17-60. Outside storage.
In addition to complying with EPA regulations, the International Fire Code, and all other
applicable rules and regulations, outside storage shall comply with the following:
(a) Shall be located in the side or rear yard only and shall be opaquely screened from
public view at all times in conformance with Section 35.13.9 of the Denton Development Code.
1. Children's play equipment, smokers, barbeque grills, and furniture or appliances
designated for outdoor use within a residential zoning district shall be exempted from the
screening requirements of these regulations.
2. Outdoor furniture may be maintained in the front yard. Said furniture shall be
maintained in good repair.
(b) Shall be maintained so as not to become a nuisance to the public or to any adjoining
property.
It shall be a defense to prosecution that a washer and/or dryer is maintained outdoors on
residential properties at which the only washer and/or dryer connection is outdoors.
Page 17 of 28
S:`Our Da mwu%0rd n=cc D9\Propwy Mamt-c Code-Articles l-\ll -FirW.doe
Sec. 17-61. Outside display.
Outside displays shall comply with the following criteria:
(a) Shall be arranged in an orderly manner and is part of an authorized retail business
that is located in zoning districts that allow retail sale.
(b) Shall not be displayed in a manner that creates an unsafe condition or obscures any
sight visibility line or sight visibility triangles.
(c) Shall not be located on any public property; within an easement; within a designated
fire lane; within any required parking spaces; or located so as to obstruct safe vehicular or
pedestrian passage, ingress or egress.
(d) Shall be maintained so as to not become a nuisance to the public or any adjoining
property.
Sec. 17-62. Solid waste container maintenance.
See Chapter 24 "Solid Waste" of the Code of Ordinances of the City of Denton.
ARTICLE VII. ENVIRONMENTAL NUISANCES
Sec. 17-70. Stagnant water.
(a) It shall be unlawful and considered a public nuisance for any person owning, leasing
or occupying real property, within the limits of the City of Denton, to fail to remove the
accumulation or ponding of standing, stagnant, or non-maintained water thereon or permit the
same to remain, which may harbor or be a breeding ground for mosquitoes, flies, or other pests,
or which may cause a foul odor, or adversely impact the public health and safety by any means.
Accumulations or ponding of water shall not exceed a forty-eight-hour period under normal
rainfall conditions as described by the U.S. Department of Commerce, National Oceanic and
Atmospheric Administration National Weather Service (NOAA).
(b) A finding by a code enforcement officer or heath inspector of the City of Denton
shall constitute prima-facie evidence that standing, stagnant, or non-maintained water is
conducive to the breeding or harboring of mosquitoes or other insects. Potential tools to make
this finding may include measures of water turbidity, the presence of excessive organic matter in
the water, the presence of foul odors, visually apparent algal growth, or the presence of
mosquitoes, flies, or other pests. The presence of mosquito larva is not required for standing,
stagnant, or non-maintained water to be classified as a public nuisance.
(c) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to maintain a public nuisance as
determined under this section.
Page 18 of 28
S:'Our Dx=cns0rdinancalO9Tmpwy Maint-ce CudoTniclm I-\II -Final.dm
(d) It shall be the duty of said persons to abate nuisances described in this article by:
(1) Draining, filling or re-grading any lots, ground, or yards which have standing or
stagnant water thereon; or
(2) Treating the area with material, either natural or man-made that will eliminate any
offensive odor and render the area harmless to the public health and eliminate the
potential breeding ground for mosquitoes, flies, or other pests.
(e) It shall be the duty of said persons to maintain items that are capable of collecting
water, including but not limited to birdbaths, fountains, reflecting pools or ponds, private or
semi-private swimming pools or other items so that they cannot harbor or be a breeding ground
for mosquitoes, flies, or other pests or which may adversely impact the public health and safety
or create an odor nuisance.
ARTICLE VIII. FENCES
Sec. 17-80. Maintenance of perimeter fences.
(a) An owner shall maintain all perimeter fences in sound structural condition.
(b) All perimeter fences, including those existing prior to the adoption of this chapter,
shall be maintained at all times in a state of good repair with no broken, loose, damaged,
removed or missing parts, and in safe and secure condition with all braces, bolts, nails,
supporting frame and fastenings free from deterioration, termite infestation, rot, rust or
loosening, and able to withstand the wind pressure for which they were designed.
(c) Perimeter fences shall not lean at an angle from the vertical plane any greater than
five degrees.
(d) Perimeter fence repairs shall be made using the same material, or a very similar
material with comparable composition, color, size, shape, and quality of the original fence to
which the repair is being made.
(e) If fifty percent (50%) or more of the length of one side of a perimeter fence that is
made of non-permitted material(s) is broken, damaged, removed, or missing parts, the entire
length of said side of the fence shall be replaced in accordance with the requirements of the
Denton Development Code.
However, it is a defense to prosecution if the perimeter fence to be replaced is barbed
wire, razor wire, or electrified wire, if the fence is associated with a legally permitted agricultural
or industrial use.
However, it is a defense to prosecution if the perimeter fence to be replaced is of chain
link construction.
Page 19 of 28
. VOw Do m&OrdinmccsNO91 ropury Mamtmmcc Cado-Anicim I-\II-FhW.dw
(f) All areas between the fence or wall and the back of the curb, the edge of the street, or
any adjacent property shall be maintained in a manner that is clear of trash and debris and high
grass and weeds at all times.
(g) It is a defense to prosecution under subsection (a), if an owner completely removes a
fence which was in disrepair, provided that the owner is not required to keep a fence pursuant to
any other law or regulation.
Sec. 17-81. Applicability of other laws regarding fences.
Nothing in this article shall limit any other requirements regarding fencing, including but
not limited to requirements established by the following:
(a) Homeowner's Associations;
(b) The Denton Development Code;
(c) Regulations relating to businesses where alcohol is sold;
(d) Regulations regarding swimming pool fences;
(e) Zoning requirements; and
(f) Any other applicable local, state, or federal law regarding fencing requirements.
ARTICLE IX. TEMPORARY CARPORTS OR AUTO SHADE COVERS
Sec. 17-90. Temporary carports and/or auto shade covers prohibited.
The use of temporary carports and/or auto shade covers are expressly forbidden in both
residential and commercial districts in the City with exceptions for licensed car dealerships
whose structures are in compliance with other City ordinances and laws.
ARTICLE X. CERTAIN PARKING REGULATIONS
Sec. 17-100. Vehicles for sale.
(a) No vehicle for sale may be parked or stored on any right-of-way or easement except
those lawfully parked upon a city street.
(b) No vehicle for sale may be parked or stored within 200 feet of the right-of-way or
easement on vacant lots or on commercial properties that do not have a Certificate of Occupancy
to operate as a new or used car dealership.
Page 20 of 28
S:`Our Doc wuOrdmmccs\O"mpcty Mamt-ce Cudo-Articles I-XII Final.dm
Sec. 17-101. Parking nuisances.
(a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to
park in violation of the following provisions:
(1) It shall be unlawful for a person to park or store or allow another to park or store a
vehicle in the front, side, or rear yard of any property upon any surface other than an
improved parking surface.
(2) See the Denton Development Code and the Transportation Criteria Manual for
allowed materials and construction specifications for parking surfaces for properties
other than single-family homes and duplexes.
(3) For single-family homes and duplexes, if an improved parking surface exists in a
front, side, or rear yard, any improved parking surfaces that are added shall be attached in
a parallel fashion to create a contiguous parking surface. The added parking surface shall
be constructed of the same material as the existing parking surface and shall not exceed:
12 feet in width, the maximum lot coverage as specified in the Denton Development
Code, or encroach within three feet of a neighboring property line. If the added parking
surface runs parallel to a sidewalk, there must be at least five feet between the edge of the
sidewalk that is closest to the property line and the added parking surface.
(4) Single-family homes and duplexes may use gravel for existing dirt driveways,
excavated and poured to a 4" depth and bordered to create a parking surface level with
the existing driveway.
(5) Single-family homes and duplexes that have existing concrete, parallel parking
ribbons may maintain said as improved parking surfaces as long as said concrete surfaces
are maintained in good and safe condition. Any improved surfaces added for the
purpose of parking vehicles shall be attached in a parallel fashion to the existing parking
surface and shall be constructed in the same manner and of the same material as the
existing parking surface.
(6) For single-family homes and duplexes, if no improved side or rear yard parking
surface exists which to attach an added improved parking surface, the vehicle may be
placed in the side or rear yard provided that the vehicle is concealed from view from all
points along streets and alleys by a solid, opaque fence or wall providing full screening
from the ground to a minimum height of six feet, or stored in an enclosed structure. Any
fencing must be in compliance with the Denton Development Code and all applicable
ordinances and laws regarding fencing. See the Denton Development Code for accessory
structure regulations.
(7) Vehicles screened as provided for in 17-101(a)(6) may forgo the improved
parking surface requirement in subsection (1).
(8) Added parking surfaces shall not be located within an easement or right-of-way,
or obscure any sight visibility line or sight visibility triangle.
Page 21 of 28
. S:`Our Docum &0rd n=cmV9\?mpu y Mmttw=cc Codo-Articlm I-X11-Final.dm
(9) It shall be unlawful for any person to park any vehicle or store any goods in or
upon any right-of-way.
(10) This section shall not apply to a vehicle legally parked on a public street or
highway. For the purposes of this section, a right-of-way shall include:
(a) the entire width of all public streets and highways including any shoulders
of these roadways;
(b) the entire width of any alleys; and
(c) all other public easements, including any easements running adjacent to any
public roadways and alleys.
(11) It shall be unlawful for any person to park or store or allow another to park
or store a vehicle on any surface on any unimproved lot, easement, or right-of-way.
(12) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the
storage of trash, debris or personal property not normally associated with the vehicle.
(13) Residential properties with homesteads that exceed two acres may have a total of
five pieces of operable agricultural equipment, two of which may be trailers, parked on
an unimproved surface. The surface must be located 150 feet from the street and adjacent
properties and behind the front building line. Additionally, the agricultural equipment
may not be parked on any easement or right-of-way. Agricultural equipment is
equipment used for farming operations that is not required to be registered by the State of
Texas.
(b) Maintenance of unproved parking surfaces. It shall be unlawful for any person to
fail to maintain all improved parking surfaces in good and safe condition, and free of any defects
affecting the use, safety, and drainage of the surface or of the adjoining property.
ARTICLE XI. ABATEMENT PROCEDURE FOR GRASS AND WEEDS; TRASH AND
DEBRIS; OUTSIDE STORAGE AND OUTSIDE DISPLAY; ENVIRONMENTAL
NUISANCES; FENCES; TEMPORARY CARPORTS; AND CERTAIN PARKING
REGULATIONS
Sec. 17-110. Failure of owner to comply with article provisions; issuance of notice.
If any person owning, claiming, occupying or having supervision or control of any real
property, occupied or unoccupied, within the corporate limits of the City, fails to comply with
the provisions of this article, it shall be the duty of the city manager or his duly appointed
representative to give a minimum of 10 days' written notice to such person violating the terms of
this article.
Page 22 of 28
. S:~Our Do cnLsbrdinmces\O%Propcny Mamt-ce Codc-Articles I-XI I -FinAdac
Sec. 17-111. Service of notice.
Notice of the violation may be delivered to the owner or occupant in person, by notice
left at the location, mailed to the occupant's address, or mailed to the owner's address as
recorded in the appraisal district records of the appraisal district in which the property is located,
and delivered by United States mail. Rental property notifications shall be sent to both the
owner and occupant.
The property will be reinspected no sooner than after 10 days of the date on the notice. If
the property is not in compliance at this time, citations may be issued.
Sec. 17-112. Contents of notice.
In a notice provided under this article, if the owner or occupant commits another
violation of the same kind or nature that poses a danger to public health, safety, or welfare 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.
Sec. 17-113. City may correct violation.
(a) Procedure. If at least 10 days has expired after notice has been given in accordance
with section 17-111 and the owner has failed to correct the violation, the City may enter upon the
property and do the work, or pay for the work to be done, as necessary to correct the violation. If
the owner commits another violation of the same kind or nature on or before the first anniversary
of the date of a notice of a violation as required in section 17-120 and the City has not received
written notification by the owner of an ownership change, the City without further notice may
correct the violation at the owner's expense and assess the expenses against the property as
provided by this section.
(b) Owner assessed costs. A statement of the costs incurred by the City in correcting a
violation shall be mailed to the property owner. The costs shall include an administrative fee
established by the City Council and on file in the office of the city secretary. The payment shall
be due within 30 days of the date of mailing.
(c) Lien to secure costs. If the statement is not timely paid, the City may file a statement
with the county clerk of the costs incurred, including administrative costs. Upon filing the
statement, the City shall have a privileged lien on the land upon which the costs were incurred,
second only to tax liens and liens for street improvements. The amount of the lien shall include
10 percent on the delinquent amount from the date payment was made by the City. The statement
of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by
the City. To collect the costs, suit may be instituted and recovery and foreclosure had in the
name of the City.
(d) Appeal of costs imposed. Within 15 days of the date the statement of costs is mailed
to the owner of the premises, the owner may appeal the reasonableness of the charges billed for
abating the condition to the City Council, or its designee, by filing a written statement with the
City Council, or its designee, stating why the charges are unreasonable. The appeal shall be
Page 23 of 28
. S^Our D-..te0,dm--\09Q1,, ny M.mt--Codo-A,6d. I-\II-r..J,do
submitted to the City Council, or its designee, for review within a reasonable time after filing. If
the City Council, or its designee, finds the charges unreasonable, it shall assess the costs as it
deems reasonable. The administrative charge shall not be appealable.
ARTICLE XII. GRAFFITI
Sec. 17-120. Declaration of public nuisance.
Graffiti is declared to be a public nuisance. Whenever the existence of graffiti on any
property within the city shall come to the attention of a designee, the designee shall cause a
written notice as provided in this article identifying the graffiti and direct its removal.
In addition to the penalty provided in this division, the City shall have all remedies
available at law and equity to abate such nuisance.
Sec. 17-121. Owner responsibility.
(a) An owner of property commits an offense if, after notification by the City, the owner
fails to paint over or remove all graffiti from the owner's property that is visible from any public
property or right-of-way or from any private property other than the property on which the
graffiti exists.
(b) The property will be reinspected no sooner than 14 days after the date on the notice.
If the property is not in compliance at that time, a citation may be issued. The notice shall
contain:
(1) The date and nature of the violation;
(2) Physical location of the violation by street address;
(3) Name of owner; and
(4) If the condition is not corrected within 14 days of receipt of such notice or the owner
fails to file an appeal within 14 days of receipt of notice to the designee, the City may,
without further notice, enter upon the property by its agent or its contractors, remove the
graffiti and charge the costs incurred to the owner. If the graffiti is removed by the City,
the cost may be charged to the property owner and a lien may be filed against the
property.
(c) Notice of the violation may be delivered to the owner or occupant in person or by
notice left at the location. Notice of the violation shall be mailed to the owner's address as
recorded in the appraisal district records of the appraisal district in which the property is located,
and delivered by United States mail. If the owner cannot be found or the notice is returned by the
United States Postal Service as undeliverable, then the owner may be notified by:
(1) Publication at least twice within 10 consecutive days;
Page 24 of 28
S:`Our Do wts'Ord -ca\09Tropmy Maint-c Cade-Arucla I-\II 4ioal.dx
(2) Posting notice of the violation on or near the front door of each building on the
property in violation; or
(3) If the property contains no buildings, posting the notice of a violation on a placard
attached to a stake driven into the ground on the property.
(d) An owner maintains a public nuisance if he fails to remove graffiti or refuses to
allow graffiti to be removed from his property after having been notified by the City or in the
event of appeal, upon order by the designee.
Sec. 17-122. Imposition of civil penalty for applying, permitting, or allowing graffiti.
(a) The City Council finds and determines that graffiti applied to any natural or man-
made surface on public or private property creates an objectionable, or unsightly condition that
damages the surrounding homes and businesses in the community.
(b) Any person who applies or creates graffiti, or any parent who knowingly permits or
by insufficient control allows their minor child to apply graffiti to any natural or man-made
surface or any public property is liable for a civil penalty.
(c) The civil penalty for which the person or parent is liable is the fees and cost incurred
for removing the graffiti, plus a $125.00 fine for the first removal, provided that for a third or
subsequent offense in any twelve-month period, the amount of the penalty fine shall be a
minimum of $200.00 but will not exceed $500.00.
(d) The civil penalties collected will be placed in reserve or used exclusively in City
initiated abatement proceedings.
(e) Civil enforcement; procedures.
(1) The designee is responsible for the enforcement and administration of this article.
(2) In order to impose a civil penalty under this section of the article, the designee shall
send a notice of violation to the person or parent liable for the civil penalty not later than
the 30th day after the date the graffiti is alleged to have been removed. A notice issued
under this section of this article shall be sent to:
a. The last known address of the person or parent of the accused minor; or
b. Hand-delivered in person to the person or parent of the accused minor alleged
to be responsible for the civil penalty.
(3) A notice of violation issued under this article shall contain the following:
a. A description of the violation alleged;
b. The location where the violation occurred-,
Page 25 of 28
S:%Gur Dowm W0rdmmccsb9,P~y Mainlw tt Cade-Anklo I-\II -Final.d.
c. The date and time of the violation or when the violation was discovered;
d. The name and address of the owner of the property involved in the violation;
e. A copy of a recorded image of the graffiti involved in the violation;
f. The amount of the civil penalty to be imposed for the violation, including the
fees and costs for removal of the graffiti;
g. The date by which the civil penalty must be paid;
h. A statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty; and
i. Information that informs the person or parent named in the notice of violation:
(1) Of the person's or parent's right to contest the imposition of the civil
penalty against the person in an administrative adjudication;
(ii) Of the manner and time in which imposition of the civil penalty may
be contested;
(iii) That failure to pay the civil penalty or to contest liability in a timely
manner is an admission of liability and that failure to appear at an
administrative adjudication hearing after having requested a hearing is an
admission of liability; and
(iv) That failure to pay the civil penalty within the time allowed shall
result in the imposition of a late-payment fee of $50.00.
(4) A notice of violation under this article is presumed to have been received either on
the fifth day after the date the notice of violation is mailed or on the date personal
delivery is made to the person or parent of the accused minor alleged to be responsible
for the civil penalty.
(5) In lieu of issuing a notice of violation, the Department may mail a warning notice to
the owner that, in addition to any other information contained in the warning notice, must
contain the information required by subsection (c).
(f) Administrative adjudication hearing.
(1) A person who receives a notice of violation under this article may contest the
imposition of the civil penalty by requesting in writing an administrative adjudication of
the civil penalty within the time provided in the notice (which period shall not be less
than 14 days following the mailing of the notice). Upon receipt of the request, the
director shall notify the person of the date and time of the hearing on the administrative
Page 26 of 28
I S:`Our D=mmts`OrdntmcesWPrupmy Milatmmce Codc-Articla I-X11 -FinA.doc
adjudication. The administrative adjudication hearing shall be held before one or more
hearing officers appointed by the city manager.
(2) Failure to pay a civil penalty or to contest liability in a timely manner is an
admission of liability in the full amount of the civil penalty assessed in the notice of
violation and constitutes a waiver of the right to appeal under this section.
(3) Failure to appear at an administrative adjudication hearing after having requested a
hearing is an admission of liability for the full amount of the civil penalty assessed in the
notice of violation and constitutes a waiver of the right to appeal under this section.
(4) A person or parent who fails to pay a civil penalty within the time allowed by this
article shall be additionally liable for a late-payment penalty in the amount of $50.00.
(5) The civil penalty shall not be assessed if after a hearing, the hearing officer(s)
enter(s) a finding of no liability.
(6) A person or parent who is found liable after an administrative adjudication hearing
or who requests an administrative adjudication hearing and thereafter fails to appear at
the time and place of the hearing is liable for administrative haring costs in the amount of
$50.00 in addition to the amount of the civil penalty assessed for the violation. A person
or parent who is found liable for a civil penalty after an administrative adjudication
hearing shall pay the civil penalty and costs within 10 days of the hearing.
(7) In an administrative adjudication hearing, the issues must be proven at the hearing
by a preponderance of the evidence.
(8) A person or parent who is found liable after an administrative adjudication hearing
may appeal that finding of liability to the Municipal Court by filing a notice of appeal
with the clerk of the Municipal Court. The notice of appeal must be filed not later than
the 31st day after the date on which the administrative adjudication hearing officer
entered the finding of liability and shall be accompanied by the payment of an appellate
filing fee of $50.00. Unless the person, on or before the filing of the notice of appeal,
posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay
the enforcement of the civil penalty. An appeal shall be determined by the Municipal
Court by trial de novo. Any affidavits submitted under this section shall be
admitted by the municipal judge in the trial de novo, and the issues must be proven by a
preponderance of the evidence.
(g) Effect of liability; exclusion of civil remedy; enforcement.
(1) The imposition of a civil penalty under this section is not a conviction and may not
be considered a conviction for any purpose.
(2) The city attorney is authorized to file suit to enforce collection of a civil penalty
assessed under this article.
Page 27 of 28
S:!Our D=mmtsbrdin-Mltho y Mamt-cc Cadc-Aniclm I -XII -Final.dx
SECTION 3. Chapter 20 "Nuisances" of the Code of Ordinances is hereby repealed in its
entirety.
SECTION 4. Chapter 21 "Offenses" of the Code of Ordinances is hereby amended by
repealing sections 21-51, 21-55, and 21-56.
SECTION 5. Chapter 35 "Zoning" of the Code of Ordinances is hereby amended by
repealing the definition of "Occasional Sales" in Section 35-76 "Definitions and Explanations."
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent 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 invalidity.
SECTION 7. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 8. This ordinance providing for a penalty shall become effective 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 newspaper of the
City of Denton, Texas, within 10 days of the date of its passage.
PASSED AND APPROVED this the k
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: a,- L
T1
day of 7A Q,kCA---- 32009.
A.-BURROUGW, MAYOR
Page 28 of 28