Hawk Cove:Title 6

TITLE 6 - HEALTH AND SANITATION

Historical Notes:

Ord. 2015-007 repealed and reenacted Ord. 99-3, primarily replacing references to the City Marshal with the Chief of Police and updating nuisance abatement procedures.

CHAPTER 6.10 – HEALTH AND SANITATION

§ 6.10.001 – Definitions

For purposes of this chapter, the following words, terms, and phrases shall have the meanings assigned herein unless the context clearly indicates otherwise:

(a) Brush means scrub vegetation, dense undergrowth, briars, vines, or similar uncultivated vegetative growth.

(b) Carrion means the dead and putrefying flesh of any animal, fowl, or fish.

(c) Dump means to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload, or toss any material onto property or into any area.

(d) Filth means any matter in a putrescent, foul, decayed, or unsanitary condition.

(e) Garbage means kitchen refuse, food waste, organic waste, and other putrescible material resulting from the preparation, cooking, serving, storage, or consumption of food.

(f) Impure or Unwholesome Matter means any putrescible or nonputrescible substance, condition, object, or matter that may cause injury, illness, disease, death, or otherwise endanger public health.

(g) Junk means worn-out, discarded, useless, abandoned, dismantled, inoperative, or worthless material, including but not limited to:

(1) Scrap metal, iron, steel, brass, aluminum, copper, or other metallic materials;

(2) Household appliances, fixtures, furniture, floor coverings, or window coverings not currently in use;

(3) Lumber, brick, concrete, masonry materials, wire, tubing, pipe, roofing materials, or construction debris not currently in use;

(4) Heating, ventilation, or air-conditioning equipment not currently in use;

(5) Vehicle parts, tires, engines, transmissions, or other automotive components not currently in use;

(6) Lawn equipment, machinery, tools, pallets, windows, doors, vending machines, radios, televisions, or similar items not currently in use; or

(7) Any other discarded or inoperative machinery, equipment, or material not actively utilized for a lawful purpose.

(h) Matter means any physical substance, material, object, condition, or thing.

(i) Nuisance means any condition, object, material, substance, or matter that:

(1) Is dangerous or detrimental to human life or health;

(2) Creates a hazard to air, water, food, or property;

(3) Is offensive to the senses;

(4) Threatens public health, safety, or welfare; or

(5) Constitutes an objectionable, unsightly, or unsanitary condition.

(j) Nuisance includes, but is not limited to:

(1) Abandoned wells, shafts, excavations, or basements;

(2) Abandoned refrigerators, freezers, or appliances;

(3) Stagnant or unwholesome water;

(4) Refuse, rubbish, trash, debris, junk, weeds, brush, garbage, filth, carrion, or other offensive matter;

(5) Impure or unwholesome matter of any kind; or

(6) Any objectionable, unsightly, or unsanitary condition.

(k) Objectionable, Unsightly, or Unsanitary Matter means any matter, condition, object, material, or accumulation that would be considered objectionable, unsightly, or unsanitary by a person of ordinary sensibilities.

(l) Owner means:

(1) A person shown as the owner on the most recent property tax rolls;

(2) A person possessing legal or equitable title to property; or

(3) A person or agent responsible for managing, leasing, occupying, controlling, or operating property.

(m) Person means an individual, firm, partnership, association, corporation, business entity, governmental entity, or any other legal entity.

(n) Property means any real property, whether occupied or unoccupied, including:

(1) Vacant land;

(2) Residential property;

(3) Commercial property;

(4) Industrial property;

(5) Religious property; and

(6) Any yard, driveway, wall, fence, porch, steps, parking area, or appurtenant structure.

(o) Putrescible means capable of decomposition, decay, or rotting, particularly organic matter producing foul odors.

(p) Refuse means an accumulation of worn-out, discarded, rejected, broken, useless, putrescible, or nonputrescible materials, including garbage, rubbish, paper, litter, and waste materials.

(q) Rubbish means junk, trash, debris, rubble, stone, waste building materials, and other miscellaneous discarded matter.

(r) Trash and Debris means refuse including, but not limited to:

(1) Dirt piles;

(2) Leaves, grass clippings, weeds, and brush;

(3) Paper products and litter;

(4) Furniture not designed for outdoor use;

(5) Appliances;

(6) Scrap metal, lumber, and salvage materials;

(7) Tires, barrels, containers, and objects capable of holding water;

(8) Tree limbs and brush trimmings; and

(9) Other miscellaneous discarded matter.

(s) Vegetative Growth means grass, weeds, shrubs, bushes, trees, vines, brush, or other vegetation.

(t) Weeds means uncultivated vegetation that because of its height, condition, density, or location is objectionable, unsightly, or unsanitary, but does not include:

(1) Trees;

(2) Shrubs;

(3) Cultivated flowers;

(4) Cultivated gardens; or

(5) Agricultural crops lawfully grown.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.002 – Weeds and Brush Over Twelve Inches

(a) It shall be unlawful for any owner, occupant, or person exercising control over property within the City to permit weeds, brush, or objectionable vegetation to exceed twelve (12) inches in height.

(b) Vegetation exceeding twelve (12) inches in height shall be presumed to be objectionable and unsightly.

(c) Tracts containing five (5) acres or more under common ownership shall be exempt beyond:

(1) One hundred (100) feet from a public street right-of-way; and

(2) One hundred (100) feet from adjacent improved property under separate ownership.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.003 – Duty to Maintain Property

(a) Property owners shall remove weeds, brush, vegetative growth, and objectionable matter as often as necessary to maintain compliance.

(b) Mowing or removal at least once every thirty (30) days shall be deemed compliance.

(c) Property owners shall maintain adjacent rights-of-way, parkways, and alleys free of prohibited vegetation and debris.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.004 – Emergency Weed Abatement

The City may abate weeds without prior notice when:

(a) Vegetation exceeds forty-eight (48) inches in height; and

(b) The condition presents an immediate danger to health, life, or safety.

Notice of abatement shall be provided not later than the tenth (10th) day following the City's action.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.005 – Nuisance Conditions Prohibited

It shall be unlawful and declared a nuisance to permit upon any property:

(a) Stagnant or unwholesome water;

(b) Refuse;

(c) Rubbish;

(d) Trash or debris;

(e) Filth;

(f) Carrion;

(g) Junk;

(h) Garbage;

(i) Impure or unwholesome matter; or

(j) Any other objectionable, unsightly, or unsanitary matter.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.006 – Illegal Dumping Prohibited

(a) No person shall dump, place, deposit, or permit the dumping of refuse, garbage, junk, trash, debris, carrion, or other offensive matter upon public or private property.

(b) No person shall bring, deposit, possess, or dump a carcass or other offensive or unwholesome substance within the City.

(c) A person responsible for such material shall remove and properly dispose of it.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.007 – Notice to Abate

The City Chief of Police or authorized representative shall provide written notice of violation and allow not less than ten (10) days for correction.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.008 – Abatement by City

If a violation is not corrected after notice:

(a) The City may enter the property and perform the required work;

(b) All expenses incurred shall be charged to the owner;

(c) Such expenses shall constitute a personal obligation of the owner.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.009 – Health and Sanitation Liens

The City may assess costs and impose liens in accordance with Chapter 5.95 of this Code.

§ 6.10.010 – Enforcement

The City Chief of Police and authorized representatives shall enforce this chapter and may issue citations for violations observed in their presence.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.011 – Penalty

(a) A violation of this chapter constitutes a misdemeanor.

(b) Upon conviction, a person may be fined not more than $2,000.00.

(c) Each day a violation continues constitutes a separate offense.

(d) The City may additionally seek injunctive relief and remedies authorized by Chapter 54 of the Texas Local Government Code.

(Ord. 2015-007, Jun. 8, 2015)

§ 6.10.012 – Recovery of Abatement Costs

The City may recover costs incurred in abating violations of this chapter through personal liability, assessment of costs, municipal liens, civil actions, or any other remedy authorized by law.

(Ord. 2015-007, Jun. 8, 2015)

CHAPTER 6.20 – ENVIRONMENTAL HEALTH

§ 6.20.001 – Reserved

Reserved for future ordinances relating to environmental health, mosquito control, vector control, hazardous conditions, and similar public health regulations.

CHAPTER 6.30 – SOLID WASTE REGULATIONS

§ 6.30.001 – Definitions

Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings assigned:

(a) Construction Debris means waste building materials resulting from construction, remodeling, repair, or demolition operations on existing residential units not requiring a city building permit.

(b) Customer means an occupant of a residential or commercial establishment.

(c) Contractor means the company with which the City has contracted to collect, haul, or dispose of solid waste.

(d) Recyclable Materials means material recovered or diverted from the nonhazardous waste stream for reuse, recycling, or reclamation, including paper, newspaper, magazines, telephone books, corrugated cardboard, plastic bottles, chipboard, glass, junk mail, metal cans, and aluminum cans.

(e) Solid Waste means all putrescible and nonputrescible solid waste including garbage, rubbish, ashes, yard waste, construction debris, and recyclable materials.

(f) City means the City of Hawk Cove, Texas.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.002 – Mandatory Solid Waste Service

It shall be mandatory within the city limits of the City that every occupied residential and commercial establishment subscribe to the City's authorized solid waste collection service for the collection, removal, and disposal of solid waste.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.003 – Removal by Other Than Authorized Contractor

It shall be unlawful for any person, firm, or corporation to engage in the business of collecting and disposing of solid waste within the City except the contractor authorized by contract with the City.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.004 – Collection Schedule

Solid waste collection service shall be provided by the City's authorized contractor. Regular residential collection service shall occur each Friday unless modified by contract, ordinance, emergency conditions, holidays, or action of the City Council.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.005 – Garbage Containers Required

(a) Every person occupying premises within the City shall maintain containers equipped with close-fitting covers sufficient to contain all garbage produced and accumulated upon the premises until removed by the authorized contractor.

(b) Trash bags may be used only when placed for collection on the scheduled day of pickup.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.006 – Littering and Improper Disposal Prohibited

It shall be unlawful for any person to throw, place, scatter, dump, or otherwise dispose of solid waste upon any street, alley, public property, or private property within the City except for collection by the authorized contractor or as otherwise authorized by law.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.007 – Disposal in Another Person's Container Prohibited

It shall be unlawful to deposit solid waste into a container owned or maintained by another person without the permission of the owner or person in control of the container.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.008 – Presumption from Identifying Waste Materials

Whenever solid waste dumped in violation of this chapter contains three or more items bearing the name of the same person, a rebuttable presumption shall arise that the person whose name appears on such items committed the unlawful dumping.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.009 – Service Charges

Solid waste service charges shall be established by ordinance, contract, fee schedule, or other action of the City Council.

Solid waste service charges may be billed with other municipal utility services and shall be subject to the same billing and collection procedures applicable to utility accounts.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.010 – Penalty

Any person violating a provision of this chapter commits a misdemeanor offense punishable by a fine not exceeding two thousand dollars ($2,000.00).

Each transaction constituting a violation and each day a continuing violation exists shall constitute a separate offense.

(Ord. 2011-04, Aug. 11, 2011)

§ 6.30.011 – Enforcement Authority

The City and its authorized officers, employees, contractors, and agents may enforce the provisions of this chapter and may issue notices of violation, citations, and administrative directives as authorized by law.

(Ord. 2011-04, Aug. 11, 2011)