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2004-353 r S:\Our Documents\Ordinances\04\Code Enforcement Final.doc ORDmANCENO. o?tj~-~~~ AN ORDmANCE OF THE CITY OF DENTON, TEXAS AMENDmG THE PROVISIONS OF CHAPTER 20 BY AMENDmG ARTICLE II TITLED "ABANDONED PROPERTY" BY CHANGmG THE NAME OF ARTICLE II TO "JUNK VEHICLES" AND BY REPLACmG SECTION 20-41 AND 20-47; BY DELETmG ARTICLE III ENTITLED "GRASS AND WEEDS" m ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE III TITLED "WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER"; PROVIDmG FOR A SEVERABILITY CLAUSE; PROVIDmG A REPEALER CLAUSE; PROVIDmG FOR A SA VmGS CLAUSE; PROVIDmG FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDmANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAmS: SECTION 1. Article II titled "Abandoned Property" of Chapter 20 of the Code of Ordinances of the City of Denton be amended by changing the title of Article II to "Junk Vehicles" and by amending Section 20-41 to read as follows: ARTICLE II. JUNK VEHICLES Sec. 20-41. Definitions. / Inoperable motor vehicle means a motor vehicle that does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, or a 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 vehicle means a vehicle that is self-propelled and: (a) Does not have lawfully attached to it: (1) An unexpired license plate; or (2) A valid motor vehicle inspection certificate; and (b) Is: (1) Wrecked, dismantled or partially dismantled, or discarded; or (2) Inoperable and has remained inoperable for more than: a. Forty-eight consecutive hours, if the vehicle is on public property; or S:\Our Documents\Ordinances\04\Code Enforcement finaLdoc b. Thirty consecutive days, if the vehicle is on private property; as defined in the Texas Transportation Code Annotated Section 683.071. SECTION 2. Section 20-47 of Article II titled "Junk Vehicles" of Chapter 20 of the Code of Ordinances of the City of Denton be amended to read as follows: Sec. 20-47. 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 a public place or public right-of-way 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, and 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 two inoperable vehicles, inoperable motor vehicles or junked vehicles upon their property. (d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any public place or public right-of-way by means of a solid opaque fence or shall be enclosed within a building. In no case shall any cover placed over a vehicle constitute adequate screening. ( e) An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site. (f) 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. (g) An inoperable motor vehicle that remains inoperable for more than 30 consecutive days becomes a junked vehicle. (h) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. SECTION 3. Article III titled "Grass and Weeds" of Chapter 20 of the Code of Ordinances of the City of Denton be repealed in its entirety and replaced with a new Article III titled "Weeds and Grass and unsightly or Unsanitary Matter" which shall read as follows: Page 2 of 10 S:\Our Documents\Ordinances\04\Code Enforcement final.doc ARTICLE III. WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER DIVISION 1. GENERALLY Sec. 20-71. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Brush means scrub vegetation or dense undergrowth. Carrion means the dead putrefying flesh of any animal, fowl or fish. Dump means to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload or toss. Filth means any matter in a putrescent state. Garbage means any kitchen refuse, foodstuffs or related materials, including all decayable waste. Impure or unwholesome matter means any putrescible or nonputrescible condition, object or matter which tends, mayor could cause injury, death or disease to human beings. Junk means all worn-out, worthless or discarded material including, but not limited to, any of the following materials, or parts of such materials, or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture; used and/or inoperative residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not currently in use; used and/or inoperable vending machines, radios and/or televisions not currently in use, and any other type of used and/or inoperable machinery or equipment not currently in use. Matter means that of which any physical object is composed. Nuisance means any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health; or that is offensive to the senses; or that threatens to become detrimental to the public health; and shall include, but not be limited to, any abandoned wells, shafts or basements, abandoned refrigerators,. sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, and objectionable, unsightly unsanitary matter of whatever nature. Page 3 of 10 S:\Our Documents\Ordinances\04\Code Enforcement Final.doc Objectionable, unsightly or unsanitary matter means any matter, condition or object which is objectionable, unsightly or unsanitary to a person of ordinary sensitivities. Owner means any person or entity shown as the property owner on the latest property tax assessment roJls 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. 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" shaJl also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the property. Putrescible means the decomposition of organic matter with the formation of foul-smelling, incompletely oxidized products. Refuse means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials including, but not limited to, garbage, rubbish, paper or litter, and other decayable or nondecayable matter. Rubbish means junk, trash, debris, rubble, stone, useless fragments of building materials, and other miscellaneous, useless waste or rejected matter. Trash and debris means all manner of refuse including, but not limited to mounds of dirt, piles of leaves, grass and weed clippings, paper trash, useless fragments of building material, rubble, furniture other than furniture designed for outside use, useless household items and appliances, 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. Vegetative growth means any grass, weeds, shrubs, trees, brush, bushes or vines. Weeds means any vegetation that, because of its height, is objectionable, unsightly or unsanitary, excluding: shrubs, bushes and trees, cultivated flowers and cultivated crops. Sec. 20-72. Weeds and brush over 12 inches high. (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 permit weeds, brush, grass or any objectionable or unsightly matter to grow to a greater height than 12 inches. All vegetation, not regularly cultivated, and which exceeds 12 inches in height, shall be presumed to be objectionable and unsightly matter. (b) It shall be unlawful for any owner or occupant of any property within the city to suffer or permit tree limbs, brush or unsightly vegetation to grow within one foot of the public street or alley adjacent to that private property. Page 4 of 10 S:\Our Documents\Ordinances\04\Codc Enforcement Final.doc (c) It shall be unlawful for any owner or occupant of any property within the city to suffer or permit limbs, brush and other vegetation existing above a public street or alley to hang lower than twelve (12) feet above the alley or public street pavement or seven (7) feet above the sidewalk and other rights-of-way. (d) With respect to lots, tracts or parcels of land of five or more acres and under single ownership, the provisions of this section shall not apply to any area greater than 100 feet from any open public 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. (e) Property designated as and/or required by an ordinance to be maintained in its natural state shall be exempt from the provisions of this section. (f) Property included as part of a conservation easement shall be exempt from these provIsIOns. (g) Property that is part of a designated floodplain shall be exempt from these provisions. DIVISION 2. WEEDS, GRASS AND OTHER VEGETATION Sec. 20-91. Duties of owner/occupant. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, as described in Section 20-72, to fail to cut and remove all such weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with section 20-72. (b) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied, or unoccupied, within the city, to fail to keep the area adjacent to his or her property line, including the front or side parkway and rear, between the property line or sidewalk and curb and the rear or side parkway between the property line and alley pavement or traveled way, or if there is no curb, then within ten feet outside such property line, free and clear of the matter referred to in subsection (a) of this section. Provided, however, that where the alleyway is not open to traffic, that the parkway in such cases shall be deemed to be between the property line and the centerline of the alley. Specifically, sidewalks must have an unobstructed vertical clearance of eight feet and must be unobstructed within the width of the sidewalk. Road access shall be unobstructed as outlined in the fire code, as amended. (c) It shall be unlawful for any person owning, claiming occupying or having supervision or control of any such real property, as described in this section, to fail to maintain all rights-of-way adjacent or next to their real property in compliance with this section. All vegetative growth not regularly cultivated crops allowed to grow Page 5 of 10 S:\Our Documents\Ordinances\04\Code Enforcement Fina1.doc within the right-of-way of any public street or easement shall also be kept mowed in compliance with this section. Sec. 20-92. Defenses and responsibilities. It shall be a defense to prosecution under Article III that the vegetation is any of the following: (a) Agricultural crops, except grass and hay, unless subsection (b) stated below applies; (b) Hay that is grown for the specific purpose of cultivation and is a part of a predominantly homogeneous plant population may be grown to any height provided it is maintained in compliance with Section 20-91(b) and is located no closer than twenty feet to an adjacent property under different ownership and on which any building or improvement exists; ( c) Cultivated trees; (d) Cultivated shrubs; (e) Flowers or other decorative ornamental plants under cultivation; or (f) Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants. DIVISION 3. UNSIGHTLY OR UNSANITARY MATTER Sec. 20-111. Dumping, stagnant water, trash, and other unsightly or unsanitary matter declared a nuisance. 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 permit or allow any, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind to remain upon any such real property or within any public easement on or across such real property or upon any adjacent public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins or that is visible from another's property. Sec. 20-112. Sidewalks, grounds and buildings to be kept clear. 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: (a) To fail to keep the sidewalks in front of their property free and clear of all refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter; or Page 6 of 10 S:\Our Documents\Ordinances\04\Codc Enforccmcnt FinaLdoc (b) To fail to cleanse and disinfect any of their houses, of buildings or establishments or to fail to clean any of their lots, yards or grounds of refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of any kind, or other impure or unwholesome matter of any kind. Sec. 20-113. Dumping. It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped upon any sidewalk, alley, street, into or adjacent to water, or any other public or private property, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind. DIVISION 4. ABATEMENT PROCEDURE FOR WEEDS, GRASS, UNSIGHTLY AND UNSANITARY MATTER Sec. 20-131. 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 seven days' written notice to such person violating the terms of this article. Sec. 20-132. Service of notice. Notice of the violation will be delivered to the owner or occupant in person or by notice left at the location. If the property is vacant, then the notice will 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. The property will be reinspected no sooner than after 7 days of the date on the notice. If the property is not in compliance at this time, citation may be issued. Sec. 20-133. Contents of notice. In a notice provided under this article the city may inform the owner by regular mail and by 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 action permitted and assess expenses as provided by section 20-134. Page 7 of 10 S:\Our Documents\Ordinances\04\Code Enforcement Final.doc Sec. 20-134. City may correct violation. (a) Procedure. If at least seven (7) days has expired after notice has been given in accordance with Section 20-132 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 20-131 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 Section 20-134. (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 thirty (30) days of the date of mailing. (c) Lien to secure costs. Ifthe 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 ten (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 fifteen (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, 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. Sec. 20-135. Additional authority to abate dangerous weeds. (a) The city may go upon property and do or cause to be done the work necessary to obtain compliance with section 20-72 without notice when: (I) 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 section 20-132. Page 8 of 10 S:\Qur Documents\Ordinances\04\Code Enforcement Fina1.doc (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 section 20-72; 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 fifteen (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, 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 shal1 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. SECTION 4. 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 effect 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 5. Save and except as amended hereby, all the provlSlons, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 6. Any person found guilty of violating this ordinance by a court of competent jurisdiction shal1 be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 7. This ordinance providing for a penalty shall become effective fourteen (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 ten (10) days of the date of its passage. Page 9 of 10 S:\Qur Documents\Ordinanccs\04\Code Enforcement Final.doc PASSED AND APPROVED this the)~ay of thJfJt1i1AJ. 2004. C~~cL--. EULINE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY B~~~~ ~-h,,, APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By ~ 61- Page 10 of 10