The text
Footnotes:
--- (1) --- Cross reference— Amusements and entertainments, ch. 10; animals, ch. 14; businesses, ch. 26; civil emergencies, ch. 38; fire prevention and protection, ch. 46; floods, ch. 50; manufactured homes and trailers, ch. 62; parks and recreation, ch. 74; peddlers and solicitors, ch. 78; secondhand goods, ch. 86; solid waste, ch. 90; streets, sidewalks and other public places, ch. 94; utilities, ch. 110.
State Law reference— Local Public Health Reorganization Act, V.T.C.A., Health and Safety Code § 121.001 et seq.; Texas Controlled Substances Act, V.T.C.A., Health and Safety Code § 481.001 et seq.; community services for mental health and mental retardation, V.T.C.A., Health and Safety Code § 534.001 et seq.
ARTICLE I. - IN GENERAL#
Sec. 54-1. - Definitions.#
The following definitions shall apply in the interpretation and enforcement of this chapter:
Brush. All uncultivated shrubs, bushes and small trees.
City or city limits. Any tract, block, lot or other parcel of land, or portion thereof, within the established city limits of the City of Burnet and extending 5,000 feet outside of the established city Limits.
Earth and construction materials. Earth, rocks, bricks, concrete, other similar materials and waste materials resulting from construction or remodeling.
Garbage. Rubbish, trash, kitchen and household waste, ashes, bottles, cans, rags, paper, food, food containers, lawn trimmings, tree trimmings, hedge trimmings, leaves, grass, weeds and refuse, and all decayable wastes, including animal and vegetable matter.
Hazardous waste. Shall mean solid or liquid waste, in any amount, which is defined, characterized, identified or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law, including motor oil, gasoline, paint, paint cans, toxic or corrosive materials or any material found harmful to personnel or equipment as determined by the director of public works.
Junk. All worn out, worthless and discarded material, in general, including, but not limited to, odds and ends, old iron or other metal, glass, paper, cordage, tires, furniture, construction materials or other waste or discarded materials.
Lot. Means any tract, block or other parcel of land, or portion thereof, located within the city limits of the City of Burnet and extending 5,000 feet outside of the established city limits.
Person. Shall mean and include an individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
Refuse. See "Garbage."
Rubbish. All refuse, junk, rejected tin cans, old vessels of all sorts, useless articles, abandoned pipe, waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, uses and discarded shoes and boots, combustible waste, pulp and other products used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, textiles and objects of all sorts, and in general all litter. The words "any and all objectionable or unsanitary matters," not included within the meaning of the other terms as herein used, means those which are liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition to the general locality where the same are situated.
Sewage or wastewater. A combination of waterborne wastes from residences, business buildings, institutions, and commercial and industrial establishments, together with such ground, surface and storm waters as may be present.
Solid waste. Household garbage and refuse and commercial garbage and refuse, brush cuttings and weeds.
Solid waste service. Shall mean the collection and hauling of residential and business solid waste, e.g. garbage, trash and refuse, for disposal at a state licensed landfill; and the actions and services directly related thereto or necessary for the provision of such services to consumers or customers in the city service area.
Trash. See "Garbage."
Unwholesome matter. All stagnant water, filth, carrion, impure matters and any condition liable to produce, harbor or spread disease or germs or cause noxious, foul and offensive odors, including foodstuff or by-product thereof of any animal nature, or any fruit, vegetable or other thing which may become tainted, diseased, fermented or decaying or otherwise unwholesome or unclean.
Waste. Rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural, commercial, or industrial activities.
Weeds. All rank and uncultivated vegetable growth or matter which is liable to become an unwholesome or decaying mass or breeding place for flies, mosquitoes, snakes, rats or other vermin.
(Ord. No. 2000-03, § 2, 2-10-00; Ord. No. 2005-03, § 2, 2-22-05)
Sec. 54-2. - Right to abate dangerous conditions.#
Whenever an immediate danger to the health, life or safety of any person exists as a result of garbage, rubbish, junk, trash, unwholesome matter, sewage or toxic waste discharge, or weeds which have grown to a height, at any point on the property, of greater than 48 inches, the city may abate the nuisance without notice to the owner. In the event the city abates the nuisance under this section, the city shall forward notice to the owner within seven days in the manner set forth in section 54-4.
(Ord. No. 2000-03, § 2, 2-10-00)
Sec. 54-3. - Right to inspect.#
The code enforcement officer or designee is authorized to inspect any property within the corporate limits of the city or within 5,000 feet outside of the established city limits, at any reasonable time, subject, however, to the requirements for obtaining the permission of the occupant, or obtaining a warrant for the entry and inspection of private residences.
(Ord. No. 2000-03, § 2, 2-10-00; Ord. No. 2005-03, § 2, 2-22-05)
Sec. 54-4. - Violations and notices.#
(a)
If an officer charged with the enforcement of this chapter shall determine that a person has violated any provision of this chapter, such officer may issue a citation.
(b)
If an officer charged with the enforcement of this chapter shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner and/or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary.
(c)
If an officer charged with enforcement of this chapter determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or occupant of the property is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare. In such event, the city may prosecute an action in any court of competent jurisdiction to recover its costs.
(d)
If any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by this chapter within seven days after notice to do so, the city may do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the owner(s) of the property, and such charge shall be a personal liability of such owner to the city.
(e)
Notices required pursuant to this chapter shall be in writing. Such notices may be served upon such owner and/or occupant as follows: in person by an officer or employee of the city; by letter addressed to such owner or occupant at his/her post office address; or, if personal service may not be had, or the owner or occupant's address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. The notice shall state "Sanitary Improvements", "To Whom It May Concern" and a brief statement of the violation(s). Service of the notice by any one of the above methods, or by a combination thereof, shall be deemed sufficient notice.
(f)
If an owner is mailed a notice in accordance with subsection (e) and the United States Postal Service returns the notice as "refused" or "unclaimed" the validity of the notice is not affected, and the notice is considered as delivered.
(g)
Notices provided by mail or by posting as set forth in subsection (e) may provide for year round abatement of the nuisance and inform the owner that should the owner commit any other violation of the same kind that pose 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 abate the violation at the owner's expense and assess the costs against the property.
(Ord. No. 2000-03, § 2, 2-10-00)
Sec. 54-5. - Costs and appeals.#
In addition to any other remedy provided in this chapter and cumulative thereto, the code enforcement officer, after giving to the owner of the property seven (7) days notice in writing, as provided in § 54-4, may cause any of the work or improvements mentioned in this chapter to be done at the expense of the city, and charge the utility bill of the property on which such work or improvements are done, and cause all of the actual cost to the city to be assessed on the real estate or lot on which such expenses occurred; provided, that the owner of any such real estate may appeal to the city council from the order of the code enforcement officer by filing a written statement with the code enforcement officer within seven days after receipt of the notice provided for above, stating that such real estate complied with the provision of this chapter before the expiration of a seven-day period. The city council shall set a date, within 3) days from the date of the appeal, for hearing the appeal to determine whether the real estate complied with the provisions of this chapter before the expiration of such seven-day period. The authority of the code enforcement officer to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending. If it shall be determined by the city council that the premises complied with the provisions of this chapter before the expiration of the seven-day period, then no personal liability of the owner shall arise nor shall any lien be created against the premises upon which such work was done.
(Ord. No. 2000-03, § 2, 2-10-00)
Sec. 54-6. - Cost of abatement constitutes lien.#
Cumulative of the city's remedy by fine, as set forth herein, the city may do such work or cause the same to be done to remedy such condition to remove such matter from such owner's premises at the city's expense and charge the same to the utility bill of such property and assess the same against the real estate or lot or lots upon which such expense is incurred. (1)
Expenditures plus ten percent per annum interest on the expenditures from the date of such payment by the city shall be added to the next billing cycle for water, sewer and sanitation (herein "utility bill") for the real estate or lot or lots, if not already paid. Payment shall be due and payable in full by the owner or occupant at the time of payment of such utility bill. If the property is unoccupied, no utilities shall be furnished to the property where the work occurred until such obligation, as herein set out, payable to the city for abatement of any nuisance described herein is paid in full.
(2)
Upon filing with the county clerk of Burnet County, Texas, of a statement by the city secretary or designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made and ten (10) percent per annum interest on the amount from the date of such payment so made by the city.
(3)
The city may, additionally, institute suit and recover such expenses and foreclose such lien in any court of competent jurisdiction, and the statement so filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements to remedy such condition or remove any such matter.
(Ord. No. 2000-03, § 2, 2-10-00)
Sec 54-7. - Enforcement.#
The civil and criminal provisions of this chapter shall be enforced by the persons or agencies designated by the city. It shall be a violation of this chapter to interfere with a code enforcement officer in the performance of his duties.
(Ord. No. 2000-03, § 2, 2-10-00)
Sec. 54-8. - Penalties.#
Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ord. No. 2000-03, § 2, 2-10-00)
Sec. 54-9. - Remedies.#
All remedies cited herein are in addition to and not in lieu of all remedies permitted to the city by law.
(Ord. No. 2000-03, § 2, 2-10-00)
Secs. 54-10—54-25. - Reserved.#
ARTICLE II. - PRIVIES AND DRY CLOSETS#
Sec. 54-26. - Applicability of article.#
When the provisions of section 110-1 of this Code are not applicable, this article shall govern.
(Code 1979, ch. 6, § 1)
Sec. 54-27. - Operation and maintenance.#
It shall be unlawful for any person to own, maintain or operate in the city, or in the area of police jurisdiction thereof, a privy or dry closet for the reception of human excreta, unless the closet is built, rebuilt, or constructed as provided in this article.
(Code 1979, ch. 6, § 1(A))
Sec. 54-28. - Improper disposition of excreta.#
It shall be unlawful for any person to throw out, deposit or bury within the city any excreta from human bodies, solid or liquid, or to dispose of such excreta in any manner other than in compliance with V.T.C.A., Health and Safety Code § 341.014, as amended from time to time.
(Code 1979, ch. 6, § 1(B))
Sec. 54-29. - Maintenance of improperly constructed privy prohibited.#
It shall be unlawful for any person to construct, maintain or permit a privy to exist on any property under their control within the corporate limits of the city unless the privy is of an improved, sanitary type constructed as provided in this article.
(Code 1979, ch. 6, § 1(C))
Sec. 54-30. - Minimum requirements.#
Minimum requirements of an improved sanitary privy are that it shall be so constructed, built or rebuilt that: (1)
The excreta deposited therein shall not fall upon the surface of the ground, but enter into a compartment or an excavation in the ground.
(2)
The contents of the compartment or excavation shall be inaccessible to flies, fowls or small animals at all times.
(3)
The compartment shall consist of an excavated chamber conforming to the following dimensions: width inside curbing, not less than 2½ feet; length inside curbing, less than 3½ feet; depth from ground surface not less than four feet. Where necessary to prevent caving, the compartment shall be provided with a box curbing extending from the top downward to the first stratum of clay or rock.
(4)
Over the pit shall be placed a metal slab and a flytight metal riser fitted with a suitable wooden seat and cover. The pit shall be ventilated by a metal pipe not less than three inches in diameter, extending from the pit to eight inches above the roof of the building.
(Code 1979, ch. 6, § 1(D))
Sec. 54-31. - Cleanliness standards.#
All sanitary privies in the city shall be kept in a clean condition at all times, and the lids shall be closed at all times when not in use, and so used that all excreta deposited therein will fall in the pit provided. Such pit shall be used only for the purpose of a privy, and no washwater, garbage, or other refuse matter, other than human excreta and toilet paper, shall be deposited therein.
(Code 1979, ch. 6, § 1(E))
Sec. 54-32. - Cave-ins to be promptly repaired.#
In case the pit should cave in at any time, it must be repaired promptly by the owner. All repairs necessary to make the pit flyproof shall be made whenever needed.
(Code 1979, ch. 6, § 1(F))
Sec. 54-33. - Improperly maintained privies declared a nuisance.#
All privies existing or maintained in the city which do not conform to the requirements set out in this article are hereby declared a nuisance dangerous to the public health, and the city shall proceed to abate such nuisance in accordance with the law, or in accordance with the ordinances of the city.
(Code 1979, ch. 6, § 1(G))
Secs. 54-34—54-55. - Reserved.#
ARTICLE III. - NUISANCES AND OFFENSIVE CONDITIONS ON PRIVATE PROPERTY#
Footnotes:
--- (2) --- Editor's note— Ord. No. 2000-03, § 2, adopted Feb. 10, 2000, amended former Art. III, §§ 54-56—54-60, in its entirety to read as herein set out. Former Art. III pertained to weeds, grass and harmful vegetation and derived from the Code of 1979 and Ord. No. 86-13, Ch. 6, § 2, adopted July 22, 1986.
Sec. 54-56. - Prohibited conduct.#
It shall be unlawful for an owner, occupant, lessee or renter of any lot or parcel of ground within the city limits (herein cumulatively referred to as "owner" or "occupant") to: (1)
Fail to maintain such property:
a.
Free of accumulations of brush, earth and construction materials, garbage, junk, refuse, rubbish, solid waste, trash, weeds, unwholesome matters and any other objectionable, unsightly, or unsanitary matter of whatsoever nature;
b.
Free and clear from weeds and tall grass from the line of such property, including the sidewalks, to the established curb line next adjacent thereto;
c.
Free of drain holes and depressions in which water collects or to fail to regrade any lots, grounds or yards or any other property owned or controlled by the owner or occupant which shall be unwholesome or have stagnant water thereon, or which from any other cause, is in such condition as to be liable to produce disease;
d.
Free from filth, carrion or other impure or unwholesome matter of any kind, on any portion of the property under the owner or occupant's control, including any house, building, establishment, lot yard or ground owned or occupied, especially any such filth, carrion or other impure or unwholesome matter that exudes any noxious, foul or offensive odor that is detectable past or beyond the boundary of the property upon which the matter is located;
e.
Free of discharge of sewage or hazardous wastes into the soil or subsurface soil without proper containment thereto; or
f.
In any manner that is inconsistent with this chapter.
(2)
Suffer, allow or permit any person to bring or transport onto the property any filth, carrion, decaying animal or vegetable matter, or other impure or unwholesome matter of any kind, that exudes any noxious, foul or offensive odor that is detectable past or beyond the boundary of the property that is under the ownership or control of the owner or occupant; or
(3)
Operate or conduct any business or activity on the property in a manner that causes or results in any noxious, foul or offensive odor that originates on the property, or that emanates from any source that such owner or occupant has suffered, allowed or permitted to come onto the property, being detectable past or beyond the boundary of the property that is under the ownership or control of the owner or occupant.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-57. - Nuisance declared and duty to abate.#
Whenever brush, earth, construction materials, garbage, junk, refuse, rubbish, solid waste, trash, weeds, unwholesome matters and any other objectionable, unsightly, or unsanitary matter of whatsoever shall exist, covering or partially covering the surface of any lot or parcel of any real estate situated within the city, or when any of said lots or parcels of real estate as aforesaid shall have the surface thereof filled or partly filled with holes or be in such condition that the same holds or is liable to hold stagnant water therein, or if from any other cause shall be in such condition as to cause disease, or produce, harbor or spread disease or germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious, or shall contain unwholesome matter of any kind or description, or any other conduct prohibited hereby occurs upon any lot or parcel in the city, the same is hereby declared to constitute a public nuisance, the prompt abatement of which is hereby declared to be a public necessity. Any such nuisance shall be removed from the property by the owner or other person in possession or control of such property.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-58. - Noxious odors declared nuisance.#
If the owner or occupant of any lot or parcel of land within the city shall suffer, allow or permit any spoiled, rotting or decaying animal or vegetable matter to be on the property, and such spoiled, rotting or decaying animal or vegetable matter shall cause or result in a noxious, foul or offensive odor being detectable past or beyond the boundary of the property that is under the ownership or control of the owner or occupant, the same is hereby declared to be and constitute a public nuisance. Any such nuisance shall be removed from the property by the owner or other person in possession or control of such property.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-59. - Storage of materials.#
All garbage, sewage, hazardous wastes and other unwholesome materials of any kind shall be stored in containers to prevent such materials from dispersing beyond the storage location, seepage into the ground, or permitting the escape of noxious, foul or offensive odors into the air across the boundaries of the owner or occupant's property to another property.
Sec. 54-60. - Maintenance of processing premises.#
The entire yard and premises occupied by any butcher shops, meat markets, and food processing or food manufacturing establishments of any animal or vegetable matter shall be well drained, the floors shall be free of sawdust, shavings or other dust creating or filth-collecting coverings and all back rooms, sheds or yards, or other places connected by any opening with any room shall at all times be kept in a clean and sanitary condition, and free from filth, exposed refuse or garbage, trash and unrefrigerated animal or vegetable scraps. Each room and the floors, walls, ceilings, windows and doors thereof, and all the fixtures, furniture, receptacles, utensils, machinery, implements and other things, excepting receptacles used to hold refuse, in each such room, or used in connection with any such business, shall at all times be kept free from dirt, adhering foreign matter, unwholesome odors, decaying substance, cobwebs, trash, scraps, etc., and in a clean and sanitary condition. Further, all butcher shops, meat markets, and food processing or food manufacturing establishments shall comply with the following requirements: (1)
Two adjacent deep vats shall be provided for in all rooms containing the actual butcher shops, meat markets, and food processing or food manufacturing establishments with hot and cold running water under pressure.
(2)
No slaughtered meat, fish, poultry or meat products, and no milk, butter, cheese or dairy products shall be left open or exposed to contamination by dust, air, insects or other extraneous matter, either within or without any such room or place of business, and all fresh or uncooked meat, fish, poultry and all milk and butter shall be immediately placed and kept in a refrigerator, or icebox or cold-storage room, except when removed therefrom for the immediate purposes and operation of the business. Meats and fish shall not be kept in the same compartment with milk and butter.
(3)
Each refrigeration, icebox or cold storage room shall be well constructed, tight and secure, and shall be kept reasonably dry on the inside and free from foul odors, mold and slime, and shall be kept in a clean and sanitary condition.
(4)
All readily perishable products shall be kept at fifty (50) degrees Fahrenheit or below, including offal, bones and other waste products while on the property. All liquid wastes from such refrigeration equipment shall be connected to a public sewer in an approved manner.
(5)
No refuse or tainted or decaying meat, fish or other substance shall be allowed to remain in any refrigerator, icebox or cold-storage compartment, unless such refrigerator, icebox or cold-storage compartment is designated and maintained exclusively for such purpose. Offal, bones or other garbage or discarded organic matter, animal or vegetable, or slops or refuse of any character whatsoever shall not be left exposed to the atmosphere of any room, but shall immediately be deposited and kept in a closed container which shall be emptied and cleaned at least once each day. All refuse and tainted or decaying meat, fish, poultry, cheese or other organic matter, whether animal or vegetable, shall be stored and removed from the property in a manner to prevent any foul, noxious or offensive odor from being detectable past or beyond the boundary of the property that is under the ownership or control of the owner or occupant.
(6)
Each room shall be kept free from flies, rats, roaches and other insects and vermin.
(7)
No animals or fowl shall be kept or allowed to be kept in the same room as any food processing or manufacturing.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-61. - Waste transportation and disposal.#
All vehicles, wagons, carts, transports and conveyances used for delivering, collecting or transporting, through the city, any offal, bones, or other garbage or discarded organic matter, animal or vegetable matter, or slops refuse of any character in an amount of greater than 45 pounds shall keep, maintain, haul and transport the waste in an enclosed storage container that is well constructed, tight and secure, to prevent the escape of any such matter and to prevent any noxious, foul or offensive smells from escaping the confines of such storage container within the city limits.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-62. - Limitation on height of grass and weeds.#
It shall be unlawful for any person who shall own or occupy any lot or lots in the city limits to allow weeds and/or grass to grow on such lot or lots to a height of more than 12 inches. Weeds and/or grass of a height exceeding 12 inches are declared a nuisance. Provided, however, this section shall not apply to property used for the growing of agricultural crops or grass if such property has not been platted into lots.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-63. - Discharge of sewage and hazardous wastes.#
Any person or persons who shall allow or permit sewage or hazardous wastes to discharge into the ground or subsurface soil, which shall have the effect of causing odors or obnoxious, unhealthy and unwholesome conditions to exist, is declared to have caused a public nuisance and shall be in violation of this chapter.
(Ord. No. 2000-03, § 3, 2-10-00)
Sec. 54-64. - Prima facie evidence.#
In any prosecution charging a violation of this chapter governing the discharge of sewage or toxic wastes, proof that the particular sewage or toxic wastes described in the complaint was discharged into the ground or subsurface soil in violation of section 54-63 above, together with proof that the defendant named in the complaint was, at the time of such discharge, the registered owner or occupant of such lot or lots, shall constitute in evidence a prima facie presumption that the registered owner or occupant of such lot or lots was the person who discharged such sewage or toxic wastes when such violation occurred.
(Ord. No. 2000-03, § 3, 2-10-00)