ORDINANCE NO. 17-2017
AN ORDINANCE PROVIDING A STATEMENT OF POLICY AND DEFINITIONS; DECLARING SPECIFIED ACTIONS A NUISANCE; PROVIDING FOR THE ABATEMENT OF NUISANCES; DECLARING THE ACCUMULATION OF STAGNANT WATER, FILTH, WEEDS AND OTHER UNWHOLESOME MATTERS ON PROPERTY TO BE UNLAWFUL; DECLARING JUNKED VEHICLES A PUBLIC NUISANCE; PROVIDING FOR REPEAL OF PRIOR EXISTING ORDINANCES ON SAME SUBJECT MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RISING STAR, TEXAS, that in order to protect the life, health and general welfare of the citizens of Rising Star, it is deemed necessary to promulgate rules and regulations pertaining to certain conditions being considered a nuisance within the city limits of Rising Star, Texas.
The accumulation of standing and stagnant water, the accumulation of solid waste, garbage, trash and vegetative overgrowth, together with overgrown grass, weeds and brush on lots and property, are a threat to the health of the community, creating fire hazards. Junked vehicles, including a part of a junked vehicle, that is visible from a public place or public right-of way, are all injurious to the prospects for economic development of our community and otherwise detract from the quality of life in our community.
A junked vehicle including a part of a junked vehicle, that is visible from a public place or public right-of way.
ARTICLES I
POLICY AND DEFINITIONS
SECTION 1. FINDINGS OF FACT
The findings and recitations set out in the preamble of this Ordinance are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes.
SECTION 2 DEFINITION
For the purpose of this chapter, the word “nuisance” is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(a) Injures or endangers the comfort, response, health or safety of others, or
(b) Offends decency; or
(c) Is offensive to the senses; or
(d) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk,
stream, ditch or drainage; or
(e) In any way renders other persons insecure in life or the use of property; or
(f) Essentially interferes with the comfortable enjoyment of the life and property, or tends to depreciate the value of the property of others.
SECTION 3 ILLUSTRATIVE ENUMERATION
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(a) Noxious weeds and other rank vegetation.
(b) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
(c) Any condition which provides harborage for rats, mice, snakes and other
(d) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary
condition that is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in
the vicinity where it is located.
(e) All unnecessary or unauthorized noises and annoying vibrations, including animal
(f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or
generation of such odors and
(g) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(h) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, creamery, industrial wastes or other
substances.
(i) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed
or maintained.
(j) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(k) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(l) Abandoned Automobiles on Private Property. Automobiles, motor vehicles, trucks, or other motorized equipment will be considered
abandoned if any of the following exist:
(1) The motor of the vehicle will not run and has been parked in the same place for a continuous period of three (3) months.
(2) All tires or wheels have been removed from the vehicle and the vehicle has been sitting on the ground or on blocks continuously for a
period of three (3) months.
(3) The vehicle is otherwise inoperable or damaged so as to make it impossible to operate or moved under its own power from its location for
a period of three (3) months.
(m) Graffiti
(1) Is detrimental to the safety and welfare of the public.
(2) Tends to reduce the value of private property.
(3) Invites vandalism, additional graffiti, and other criminal activities.
(4) Produces urban blight adverse to the maintenance and continuing development of the City of Rising Star.
The presence of graffiti on property where it is visible from a public place, public right-of-way, or from another person’s property is therefore declared to be a nuisance.
An owner may submit evidence to refute any findings established by the City of Rising Star within a period of ten (10) days after written Notice of Violation is delivered to the property owner by certified mail, personal notice by delivery by city employees or agent or by other written notification.
SECTION 4 DISCHARGE OF SEWAGE
Any person or persons who shall allow or permit sewage to discharge into the ground or subsurface soil, which shall have the effect of causing odors, obnoxious, unhealthy and unwholesome conditions to exist, is declared to have caused a public nuisance and shall be in violation of this article.
SECTION 5 PROHIBITED CONDUCT
It shall be unlawful for any person to cause, permit, maintain, or allow the creation or maintenance of a nuisance.
SECTION 6 NUISANCE DECLARED; DUTY TO ABATE
Whenever a nuisance is found to exist within the City or within the City’s extraterritorial jurisdiction, the designated officer of the City shall give ten (10) days written notice to the owner (Notice of Violation) or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
SECTION 7 ABATEMENT OF NUISANCES
(a) The City Administrator and or designated officer is hereby authorized to give notice to the owner of any property upon which nuisance exists.
(b) If the owner of the property does not comply with an abatement notice issued by the City Administrator and/or designated officer within ten
(10) days after the date the notice is received, the director may:
(c) Enter the property and do or cause to be done the work required to abate the nuisance; and
(d) Pay for the work done and charge the expenses to the owner of the property.
If a nuisance presents an immediate danger to the health, life or safety of any person or to the environment, the City may, without complying with the notice provision of this section or without waiting the ten (10) day period, enter the subject property and; (1) Do or cause to be done any work or improvement necessary to abate the nuisance and remediate and restore the environment; and (2) pay for the work or improvement done and charge the expenses to the owner of the property.
SECTION 8 RIGHT TO INSPECT
The City Administrator, Chief of Police, Mayor, shall have the authority and powers necessary to gain compliance with the provisions of this Ordinance. These powers include the power to issue Notices of Violation, and use whatever judicial and administrative remedies are available under the Ordinance.
SECTION 9 NOTICE OF VIOLATION
Whenever a nuisance is found to exist within the city, the City Administrator and or designated officer may issue a Notice of Violation to the owner or occupant of the property, and order to abate the nuisance within ten (10) days, or to request a hearing within the ten (10) days after service of notice to abate. The Notice of Violation shall include the following information:
(a) The name of the property’s recorded owner,
(b) Physical address,
(c) Violations,
(d) A description of the property’s condition which violates the applicable codes,
(e) A list of necessary corrections to bring the property into compliance, and
(f) A deadline or specific date to correct the violations listed in the Notice of Violation.
SECTION 10 HEARING ON NUISANCE
A public hearing must be held prior to the abatement of the nuisance by the City when such a hearing is requested by the owner or occupant of the property upon which such nuisance exists or by the person causing or maintaining the nuisance. The hearing shall be held before the Judge of the Municipal Court.
The Judge of the Municipal Court shall determine at the hearing whether or not a nuisance exists. If a nuisance is found to exist, the Judge shall order the abatement of the nuisance. Any ruling or order by the Municipal Court at this hearing shall become final unless appealed within ten (10) days to a district court of the State of Texas.
SECTION 11 VIOLATIONS NOTICE FAILURE TO ABATE
In the event any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by this Ordinance, including but not limited to demolition, removal, repair, mowing, boarding and securing or replacement of property, within ten (10) 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 owners of the property, whereupon such charge shall be a personal liability of such owner to the City.
SECTION 12 SERVICE OF NOTICE
The notice must be given:
(a) Personally to the owner in writing; or
(b) By certified letter to the owner at the owner’s post office address; or
(c) If personal service cannot be obtained or the owner’s post office address is unknown;
(1) By publication at least twice within (10) consecutive days;
(2) By posting the notice on or near the front door of each building on the property to which the violation relates; or
(3) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property
contains no building.
The notices provided above will be presumed to have been received as of the date personal service was given personally to the owner. For mailed notice, it will be presumed to have been received three days after it was mailed. For notice by publication, it will be presumed received on the last date that the last notice was published in the official newspaper. Notice by posting will be presumed received ten (10) days after notice was posted.
SECTION 13 ABATEMENT BY CITY
Upon failure of the person who received the notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, or to request a hearing before the Judge of the Municipal Court, the City Administrator and or designated officer of the City shall proceed to abate such nuisance and shall prepare a statement of cost incurred in the abatement thereof.
SECTION 14 CITY’S COST DECLARED A LIEN
Any and all costs incurred by the City in the abatement of a nuisance under the provisions of this chapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as provided by law. Such lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate thereafter until satisfied. Upon filing with the county clerk of Eastland County, Texas, of a statement by the City Administrator 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.
ARTICLE II
WEEDS and VEGETATION
SECTION 15 MAXIMUM GROWTH
It shall be unlawful for any person who shall own or occupy any lot or lots in the City to allow weeds, grass, brush or any objectionable or unsightly vegetation to grow or accumulate on any such real property. It shall be the duty of such person to keep the area from the line of his or her property to the street road or parkway, clean and free of all such weeds, grass, brush or objectionable or unsightly vegetation. “Objectionable or unsightly vegetation” includes all weeds and grasses which exceed twelve (12) inches in height upon any developed or undeveloped tract or acreage. Provided, however, this section shall not apply to property used for the growing of agricultural crops or grass if such property has not been plotted into lots.
SECTION 16 NOTICE TO PROPERTY OWNERS; ANNUAL NOTICE
When any violation of this article is found to exist a Notice of Violation will be addressed to the owner of the property in question, or if the address of the property owner is unknown then notice may be given by publication one time in a local newspaper of general circulation.
Annual notice may be given to property owners, as above provided, prior to the grass growing season. Upon the giving of said annual notice, no further notice shall be required pursuant to this article.
.
SECTION 17 NOTICE
The Notice of Violation shall contain the following:
(a) You are required to maintain your property so as to keep grass, brush and weeds at a height of less than twelve (12) inches;
(b) In the event, you fail to do so, the City will enter upon your property and mow or have it mowed at thirty (30) day intervals during such annual growing season;
(c) You have ten (10) days from the date of this notice to correct the violation; and
(d) Tall weeds are a breeding ground for rats and mice; and are a source of fuel for many fires.
Please help us clean up Rising Star.
SECTION 18 ACTION BY CITY
In addition to court action, the City may enter upon the property found in violation of this article and mow or have said property mowed at thirty day intervals during such annual growing season in the event such owner fails to mow same.
The City may abate without notice, weeds or grass that have grown to a height of 48 inches or higher and that are an immediate danger to the health, life or safety of any person. The City Administrator and/or designee shall give notice to the property owner not later than ten (10) days after the weeds or grass are abated. The Notice of Violation shall provide an identification of the property; (a legal description is not necessary), a description of the violations that have occurred on the property, a statement that the City abated the weeds or grass and an explanation of the property owners right to request an administrative hearing about the City’s abatement of weeds or grass.
The Municipal Judge shall conduct an administrative hearing on the abatement of weeds or grass under this section if not later than the 30th (30) day after the date of the abatement of weeds or grass, the property owner files with City Officials a written request for a hearing. An administrative hearing conducted under this section shall be conducted no later than the 20th (20) day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the City’s abatement of the weeds or grass. The Municipal Judge’s decision in such administrative hearing shall be final and dispositive of the dispute.
SECTION 19 ASESSMENT OF CITY’S EXPENSES; BILLING
Expenses incident to the action taken by the City to correct any condition coming under the provisions of this article, which includes a service charge of fifty ($50.00) dollars to cover administrative costs shall be assessed against the owners of all outstanding interests in the lot or parcel of land involved. An itemized bill of such costs shall be mailed by the City Secretary to each such owner if his address is known.
SECTION 20 CITY’S EXPENSES DECLARED A LIEN; RECOVERY
If the bill for the City’s expenses in correcting any condition coming under the provisions of this article, including the administrative and penalty charges, shall remain unpaid for a period of thirty (30) days after the date of the mailing of such bill, the City Administrator shall file a statement of such bill and the reasons therefor with the county clerk. From the date of such filing, the City shall have a lien on the lot or parcel upon which such expenses are incurred second only to tax liens and liens for street improvements. The amount of such debt shall accumulate interest at the legal rate in from the date on which payment was due. For any such debt and interest, suit may be instituted and recovery and foreclosure had in the name of the City. In such suits the aforementioned statement, or certified copy thereof, shall be deemed prima facie evidence of the debt and interest thereon.
ARTICLEIll
JUNKED MOTOR VEHICLES
SECTION 21 DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the contest clearly indicates a different meaning.
(a) Junked Vehicle – shall mean a vehicle that is self-propelled and inoperative and which does not have lawfully affixed thereto both an
unexpired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked; dismantled; partially
dismantled; or discarded. Has remained inoperative for more than 30 consecutive days on private property or more than 72 hours on public
property.
(b) The provisions hereof shall not apply to vehicles in operable condition specially adopted or constructed for racing or operation on privately
owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for transportation,
nor vehicles stored as the property of a member of the armed forces of the United States who is on active duty assignment outside the
continental and territorial limits of the United States.
(c) Antique Vehicle – shall mean a passenger car or truck that is at least 25 years old.
(d) Motor Vehicle Collector – shall mean a person who owns one or more antique or special interest vehicles and acquires, collects or disposes
of an antique or special interest vehicle for personal use to restored and preserve and antique or special interest vehicle for historic interest.
(e) Special Interest Vehicle – shall mean a motor vehicle of any age that has not been changed from original manufacturer’s specifications and,
because of its historic interest, is being preserved by a hobbyist.
(f) Collector – means 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 his own use in order to restore, preserve, and maintain an antique or special interest
vehicle for historic interest.
(g) Storage Facility – shall mean a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of
motor vehicles. (Tex. Transp. Code 683.001 (7)
SECTION 22 JUNKED VEHICLES DECLARED TO BE A PUBLIC NUISANCE
A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City by producing urban blight which is adverse to the maintenance and continuing development of the City, and such vehicles are therefore declared to be a public nuisance.
A. A person commits an offense if the person maintains a public nuisance described by Section 21
B. An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
C. The Municipal Court shall order abatement and removal of the nuisance after citation and conviction. (Tex. Transp. Code 683.073)
The following vehicles or parts thereof are excepted from the provisions of this ordinance.:
1. A vehicle or vehicle part which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public
or private property.
2. A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle
dealer or junkyard, or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collector’s
property, provided that the vehicle or part and the outdoor storage area, if any, are:
(a) Maintained in an orderly manner.
(b) Do not constitute a health hazard.
(c) Screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate (TC 683.077 (a)).
SECTION 23 PROCEDURE FOR DISPOSITION OF JUNKED VEHICLES
The procedure for the abatement and removal of a junked vehicle or part thereof, as a public nuisance, from private property, public property, or public right-of-way shall be as follows:
A. After a determination is made by the Police Chief, City Administrator or their designee that a particular vehicle is a junked vehicle or after an
order issued by the Municipal Court pursuant to Section 21 (C), there shall be furnished not less than ten (10) day notice, stating the nature of
the nuisance.
1. Such notice must be personally delivered or sent by certified mail with a five (5) day return requested, or delivered by the United States
Postal Service with signature confirmation to:
a. The last know registered owner of the junked vehicle;
b. All lien holders of record of the nuisance; and
c. The owner or the occupant of the property on which such public nuisance is located; or if nuisance located on public right-of-way, the
property adjacent to the right-of
2. The notice must state that:
a. The nuisance must be removed and abated not later than the 10th day after the date on which the notice was personally delivered or
mailed; and
b. Any request for a hearing must be made before expiration of said ten (10) day period.
3. If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the
owner is located, personally delivered.
4. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not
earlier then the 11th day after the date of such return.
B. There shall be a public hearing prior to the removal of the nuisance if such hearing is requested by a person who receives notice as provided by
Section 23, not later than the date by which the nuisance must be abated and removed.
1. The public hearing shall be held before the Police Chief and City Administrator of the City of Rising Star, or his/her designee. (TC 683.076 (a))
2. If such hearing is requested by the owner or occupant of the property, the hearing shall not be held earlier than the 11th day after the date of
the service of
3. At the hearing, the vehicle which is the subject of the junked vehicle hearing is presumed, unless demonstrated otherwise by the owner, to be
inoperable.
4. Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicle’s description, vehicle identification
number, and license plate number if the information is available at the location of the nuisance.
5. A Judge of the Municipal Court of the City of Rising Star may issue necessary orders to enforce the procedures for the abatement and
removal of a public nuisance under this Article.
C. The relocation of a junked vehicle that is a public nuisance to another location within the City, after a proceeding for the abatement and removal
of such junked vehicle has commenced, has no effect on the proceeding if the junked vehicle constitutes a publicnuisance at the new location.
D. After a vehicle has been removed, it shall not be reconstructed or made operable.
E. Notice must be given to the State Department of Highways and Public Transportation not later than the fifth (5th) day after the date of removal
identifying the vehicle or part thereof. Said Department shall cancel the certificate of title issued for the vehicle immediately on receipt of such
notice.
F. The administration of the procedures herein shall be by the City Administrator and Police Department, of the City of Rising Star, Texas, and by
such other regularly salaried, full-time City employees as may be from time-to-time granted authority by the City’s governing body to enforce
this ordinance, except that the removal of junked vehicles or parts thereof from property may be by any duly authorized person.
G. A citation may be issued and a complaint may be filed in the Municipal Court of the City of Rising Star for the violation of maintaining a public
nuisance, if the nuisance is not removed and abated and a hearing is not requested within the ten (10) day period.
SECTION 24 DISPOSAL OF JUNKED (INOPERABLE) VEHICLES
A junked vehicle or part thereof may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or any suitable site operated by the City, for processing as scrap or salvage pursuant to authority provided in the Texas Transportation Code 683.078 or any successor statute for junked vehicle disposal.
SECTION 25 DECLARATION OF PURPOSE
The City Council finds that the enforcement of this Ordinance is an important public service. The Council recognized that there is a need to establish uniform procedures for administrative enforcement hearing conducted pursuant the Ordinance. It is the purpose and intent of the City Council to afford due process of law to any and all persons who are directly affected by any administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.
SECTION 26 PEANALTIES; FINES
In addition to the above provisions, any person who fails to abate a nuisance after proper notice and hearing (if any) shall be deemed guilty of a misdemeanor, and on conviction therefor shall be fined in an amount not to exceed fifty ($50.00) dollars for each day that such nuisance remains unabated, and each such day shall constitute a separate offense.
SECTION 27 SEVERABILITY
If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion be inoperative or fail by reason of any unconstitutionality, or invalidity of any other portion hereof and all provisions of this Ordinance are declared to be severable for that purpose.
SECTION 28 EFFECTIVE DATE
The City Administrator or designated personnel of the City of Rising Star is hereby directed to have the descriptive caption, as well as the penalty published in The Rising Star, Eastland County Newspaper for one issue, informing the general public of its nature and penalty. After such publication, this Ordinance shall supersede and replace any and all other Ordinances with respect to “Nuisances” and weed, grass, and rubbish accumulation, and Junked Vehicles.
PASSED and APPROVED THIS 13th day of April, 2017.
ATTEST:
