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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