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HomeMy WebLinkAboutOrd 297 Regulating litter and sanitation on the premises. Amended by 339ORIDNANCE NO. 297 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, CONCERNING THE CLEANLINESS AND SANITATION OF PREMISES AND MAKING IT UNLAWFUL TO LITTER OR KEEP JUNKED VEHICLES ON PREMISES; PROVIDING FOR BOTH THE OCCUPANT AND OWNER OF PREMISES TO MAINTAIN THE PROPERTY AND ADJACENT RIGHT-OF-WAYS; PROVIDING FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Board of Aldermen of the Town of Westlake is desirous of making Westlake an attractive community and to eliminate junk, garbage, rubbish, old appliances, etc. from being placed on property or the adjacent right-of-ways, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: PART l: That it shall be unlawful for any occupant or owner of premises within Westlake to violate the following provisions with regard to the littering, cleanliness and sanitation on premises and the keeping of junked vehicles: Section 1: As used in this Ordinance, the following terms shall have the meanings respectively described to them: Antique auto: A passenger car or truck that is at least thirty-five (35) years old. Brush: Large tree or shrub limbs, branches or trimmings which cannot be handled in standard garbage trucks. Collector: The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. Demolisher: Any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. Garbage: Kitchen refuse, ordinarily including foodstuffs or related materials. Junked vehicle: Any motor vehicle as defined in Sec. 683.071 of the Texas Transportation Code, as amended. The provisions hereof shall not apply to (1) a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage Ordinance No. 297 Page 2 area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. Junkyard: A place where old iron, metal, glass, paper, cordage, lumber, bricks and other masonry products, or other waste, or discarded material which may be treated or prepared so as to be used again in some form is kept and maintained for purposes of resale or storage. Large appliances: All refrigerators, freezers, washers, dryers, stoves, water heaters, etc. which are too large, heavy or bulky to be collected with normal collection equipment. Refuse: All wastes resulting from domestic, commercial or industrial operations incident to urban life, including garbage, brush and trash. Special interest vehicle: A motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of historic interest, is being preserved by hobbyists. Trash: All refuse other than garbage, brush and large appliances and trees, including household trash (discarded clothing, toys, papers, etc.) and yard trash (grass clippings, small shrub and tree trimmings, leaves, etc.) Wrecking yard. A place where old automobiles, trucks, equipment, or machinery, which have formerly been in a workable and operable condition and which are no longer in such condition, are kept and maintained for the purpose of storage or resale of all, or parts of, said old automobiles, trucks, equipment and machinery. Section 2: It shall be unlawful for any person to sweep, throw, scatter or deposit, or cause to be swept, thrown, scattered or deposited, willfully or negligently, any refuse, dead animal, debris, stagnant water, junk or other waste of any kind upon or along any alley, street, sidewalk, bridge, public passageway, drain, drainage ditch, gutter or other public or private property within the Town. Section 3: It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant, tenant or any one having supervision or control over any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the Town to suffer or permit any rubbish, refuse, dead animal, debris, stagnant water, junk, any and all other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land. Section 4: It shall be unlawful and constitute a nuisance for any person to abandon or dangerously expose, or cause to be abandoned or dangerously exposed outside of a building, an Ordinance No. 297 Page 3 icebox, refrigerator, deep freeze, or other such airtight container, or container which might trap a child therein, without the locks of all doors having been removed therefrom so that accidental latching or locking is impossible. "Dangerously exposed" means the placing of an icebox, refrigerator, deep freeze or other container in a garage, barn, out building, porch, yard, lot or other portion of premises in a manner where children at play may come upon it and be attracted to it. Section 5: It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied within the corporate limits of the Town to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve (12) inches. This section does not apply to the growing of grass for grazing purposes. Section 6: It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent occupant or anyone having supervision or control of any lot, tract, or parcel of land, or a portion thereof, occupied or unoccupied, within the corporate limits of the Town to suffer or permit grass, weeds or any plant that is not cultivated, to grow along the sidewalk or street adjacent to the same between the property line and the curb, or, if there is no curb, then to the edge of the street, or within the road right-of-way, to a height greater than twelve (12) inches. Section 7: It shall be the duty of any person, whether owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied, within the Town, to remove or cause to be cut and removed all such grass, weeds or plants as often as may be necessary to comply with Sections 5 and 6. Section 8: In order to promote and protect the general health, safety and welfare of persons residing within the Town, and within its extraterritorial jurisdiction, and in order to protect the property and owners of property in such area, it is hereby declared to be the policy of the Town that wrecking yards and junkyards shall not be permitted in such areas. It shall be unlawful for any person to begin, operate or maintain a wrecking yard or junkyard within the Town or in the extraterritorial jurisdiction of the Town. Section 9: In the event that the owner, occupant, or person having supervision or control of any lot, tract, parcel of land, or portion thereof, situated within the corporate limits of the Town shall fail to comply with Section 7 of this Ordinance, then the Town may notify such owner by certified letter addressed to such owner at his post office address of by publication one (1) time in the official newspaper of the Town, if personal service may not be had as aforesaid or the owner's address is not known, of said owner's failure to comply with Section 7 of this Ordinance; and, upon the expiration of ten (10) days after notification, the Town may enter upon such premises and may do such work as necessary or cause the same to be done in order that the Ordinance No. 297 Page 4 premises comply with the requirements set forth in Section 7. The Town may pay for such work and cause the expense thereof to be assessed against the real estate. A bill for the actual cost incurred by the Town resulting from the abatement of the above-described condition and for a reasonable administrative fee shall be mailed to the owner of the premises and must be satisfied within thirty (30) days of the date of mailing such bill. In the event such bill has not been satisfied within the specified period, the Mayor of the Town may file a statement with the County Clerk of Tarrant or Denton County, as the case may be, of the expenses incurred in the abatement of the above-described condition of such premises, and the Town shall have a privilege lien on any lot or lots upon which such expense is incurred second only to tax liens and liens for street improvements and ten (10) percent per annum interest on the amount from the date such payment is due. For any such expenditure and interest as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the Town and the statement so made as aforesaid, or a copy thereof, shall be prima facie proof of the amount expended in such work performed by the Town. Section 10: The committing of any one of the acts declared to be a nuisance by this Ordinance shall create and give a cause of action to any aggrieved or offended resident of the Town, or to the Town itself, for the abatement of such nuisance by remedy of injunction in any court of competent jurisdiction in the state. Section 11: It shall be unlawful for any person to cause or maintain a public nuisance with regard to junked vehicles as set out in Chapter 683, Subchapter E 'Junked Vehicles: Public Nuisance; Abatement". Section 12: Any violation of this Ordinance is subject to the maximum fine permitted under the laws of the State of Texas for violations of a municipal ordinance governing the public health and sanitation and safety of the town. In the event that it is determined that this Ordinance does not constitute the governing of public health and sanitation and safety, or the maximum fine is set by state law, then a violation of this Ordinance is subject to the maximum fine permitted under the laws of the State of Texas for violations of town ordinances or set by state law. PART II: If any phrase, clause, sentence, paragraph or section of this Ordinance shall be deemed void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the Board of Aldermen would have enacted the same without any void, ineffective, or unconstitutional phrase, clause, sentence, paragraph or section. PART III: This Ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS THE 16'" DAY OF FEBRUARY, 1998. Ordinance No. 297 Page 5 ATTEST: Charla Bradshaw, Mayor Pro Tem Inger osswy, TownSecr tory APPROVED AS TO FORM: -'aul C. Isham, Town Attorney I solemnly wear that a true and correct copy of the ad for Public Notice Ordinance 297 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issue March 10, 1998. A copy of the notice as published, clipped from the newspaper is attached hereto. P Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § 0 COUNTY OF TARRANT § m Pam Nolte -T`22- this I day of April, 1998, to certify which witnes y hand and seal of office. Notary Public, State of Texas Printed Name of Notary My commission expires PATRICIA HIL V I� ^a' Notary Public, State of Texas N• .py My Commission Expires June 2, 2001