HomeMy WebLinkAbout1992-O-14 - Repeal-Replace Chapter 10ORDINANCE NO. 1992-14
AN ORDINANCE REPEALING CHAPTER 10, HEALTH AND SANITATION
CODE OF THE CITY OF STEPHENVILLE, AND ADOPTING THE NEW
CHAPTER 10, HEALTH AND SANITATION CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE THAT CHAPTER 10, THE HEALTH AND SANITATION CODE
OF THE CITY OF STEPHENVILLE SHALL READ AS FOLLOWS:
^ Chapter 10
HEALTH AND SANITATION
ARTICLE I. IN GENERAL
Sec. 10-1. Enforcement of chapter.
It shall be the duty of the health officer or his duly
authorized assistant, hereafter known as enforcing officer,
to enter all premises as may be necessary to enforce this
chapter and to take such actions as shall remedy the
violation of this chapter. (Rev. Ords. 1958, Art. 128)
Sec. 10-2. Abattoirs, slaughterhouses.
It shall be unlawful and shall constitute a nuisance
for any person to build or establish a slaughterhouse,
slaughter pen or yard, or abattoir within the corporate
limits without first obtaining permission from the council.
(Rev. Ords. 1958, Art. 198)
Sec. 10-3. Moved to Sec. 10-22.
Sec. 10-4 -- 10-15. Reserved.
ARTICLE II. INSANITARY, ETC., CONDITIONS AND NUISANCES
Sec. 10-16. Injurious trades, occupations, substances
prohibited.
It shall be unlawful and shall constitute a nuisance
for any person to carry on any trade, business or occupation
injurious to the health of those who may reside in the
vicinity, or to allow any substances which shall have such
effect to remain on premises in his possession. (Rev ords.
1958, Art. 196)
Sec. 10-17. Injurious, offensive buildings and premises.
It shall be unlawful and shall constitute a nuisance
for any person to own, keep or use any building or premises
in the city in such a manner as to be injurious to the
health of the people, or offensive to the neighborhood or to
any private family or person, or detrimental to the public
health. (Rev. Ords. 1958, Art. 197).
Sec. 10-18. Animal pens, enclosures as nuisances.
It shall be unlawful and shall constitute a nuisance
for any person to own, keep or use any pen or enclosure in
which cattle and other animals are kept in such a manner as
to become a nuisance within the city or within five thousand
(5,000) feet from the city limits. (Rev. Ords. 1958, Art.
199; Ord. of 10-7-80, 1)
Sec. 10-19. Stagnant water holes or accumulations
prohibited.
It shall be unlawful and shall constitute a nuisance
for any person who shall own or occupy any lot in the city
or within five thousand (5,000) feet from the city limits to
permit or allow holes or places on such lot where water may
accumulate and become stagnant, or to permit or allow the
^ accumulation of stagnant water thereon, or to permit same to
remain. (Ord. of 10-7-60, 1, 2; Ord. of 10-7-80, 2)
Sec. 10-20. Carrion, filth, manure, or other impure matter
prohibited.
It shall be unlawful and shall constitute a nuisance
for any person who shall own or occupy any house, building,
establishment, lot, or yard within the city or within five
thousand (5,000) feet from the city limits to permit or
allow any carrion, filth, manure, or other impure or
unwholesome matter to accumulate or remain thereon. (Ord.
of 10-7-60, 3; Ord. of 10-7-80, 3)
Sec. 10-21. Accumulations of weeds, brush, or rubbish
prohibited.
(a) It shall be unlawful and shall constitute a
nuisance for any person who shall own any premises in the
city to allow grass, weeds, brush, rubbish, or any other
unsightly, objectionable, or insanitary matter to accumulate
or grow on such premises. (Ord. of 10-7-60, 4)
(b) Such premises, in addition to those grounds within
their respective boundaries shall be held to include all
parcel(s) of land lying and being adjacent to, abutting and
extending beyond the property line of any such premises to
the center line of adjacent or abbuting street(s) or
alley(s).
(c) It shall be the primary duty of the owner of any
premises within the city to cut and remove all weeds as
often as may be necessary to comply with the provisions of
this Code. In any prosecution for a violation of this
article, the owner shall not be permitted to plead or show
evidence that the occupant or tenant of property is the
person against whom the charges should be brought.
(d) It shall be unlawful for any person to leave any
piles or windrows of debris or weeds, grass, or brush which
could serve as habitat for rodents or other vectors of
disease on such premises after the same has been cut, and it
shall be the duty of the owner of such property to remove
such grass, weeds, brush, or other unsightly or
objectionable matter after the same has been cut from the
premises to prevent insanitary conditions from occurring on
such property.
^ (e) Grass and weeds under this section shall include,
f , but not be limited to any tall grass or weeds exceeding an
average height of ten (10) inches, or vegetation providing
safe harborage for rats, mice, snakes and other vermin.
Exempted from the provision of this sub -section are the
following:
1. State highway rights -of -way;
2. Agricultural areas that are separated from
developed residential property by more than one
hundred (100) feet and are not otherwise a nuisance
to adjoining property or persons. Agricultural
meaning crop production and/or grazing;
3. Heavily wooded areas filled with uncultivated
underbrush;
4. The cultivation of concentrated wildflowers from
^ March 15 to August 1 of each year, provided that
( wildflowers are not overgrown with grass or weeds;
5. Other areas that, in the opinion of the enforcing
officer, are separated by a sufficient distance so as not to
be a nuisance to adjacent property or persons.
(f) Brush and rubbish under this section shall
include, but not be limited to any brush, rubbish, trash or
other unsightly matter which tends to make the property
and/or the neighborhood in which the property is located
unsightly or offensive.
Exempted from the provisions of this sub -section are
the following:
1. Junk yards, scrap yards, wrecking yards and Similar
establishments, provided such is legally established.
Sec. 10-22. Violations, penalty.
Any person, firm or individual who shall violate any of
the provisions of this chapter shall be guilty of a
misdemeanor, and upon conviction shall be fined in any sum
not exceeding five hundred dollars ($500.00), and each and
/ every day's violation shall constitute a separate and
r ' distinct offense. In case the owner or occupant of any lot,
lots or premises under the provisions of this chapter shall
be a corporation, and shall violate any provision of this
chapter, the president, vice president, secretary, treasurer
of such corporation, or any manager, agent or employee of
such corporation shall be also severally liable for the
penalties herein provided. (Ord. of 10-2-79)
Sec. 10-23. Notice to abate nuisances proscribed in this
chapter.
In the event the owner of any premises in the city on
which a nuisance exists as provided in this chapter fails or
refuses to abate or correct such condition within ten (10)
days after notice to such owner to do so, in writing or by
letter addressed to such owner at his post office address,
or within ten (10) days after posting notice on the property
or on the buildings to which the violation relates if
personal service may not be had as aforesaid or if the
owner's address is not known, the city may abate or correct
such condition, or cause the same to be done, and such
expense shall be assessed on the real estate or premises
upon which it was incurred. (Ord. of 10-7-60, 5,6)
nSec. 12-24. Lien for expenses incurred pursuant to section
10-22; foreclosure of lien.
The enforcing officer shall file a statement of such
expenses incurred pursuant to section 10-22, giving the
amount thereof and the date on which the work was done or
improvements made, to the city secretary, who shall cause
the same to be filed with the county clerk, and the city
shall have a privileged lien on the lot or real estate upon
which such work was done or improvements made to secure the
expenditures so made in accordance with the provisions of
article 4436, Revised Civil Statutes of Texas, which lien
shall be second only to tax liens and liens for street
improvements, and the amount shall bear ten (10) per cent
interest from the date the statement was filed. For any
such expenditures and interest, suit may be instituted and
recovery and foreclosure of said lien may be had in the name
of the city, and the statment of such expenses, or a
certified copy thereof, shall be prima facie proof of the
^ amount expended for such work or improvements. (Ord. of
10-7-60, 7).
PASSED AND APPROVED this % day of J/T,
1992.
LAVINIA LOHRMANN, Mayor
ATTEST:
City Secretary
Reviewed by Donald B. Davis
City Administrator
Randy Thomas —,City Attorney
Approved as to form and legality