HomeMy WebLinkAboutOrdinances (O-91-813)-04/16/1991
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ORDINANCE NO:
0-91-813
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AN ORDINANCE AMENDING CHAPTER 7 OF THE COLLEYVILLE CODE PERTAINING
TO NUISANCES BY DEFINING NUISANCES, DECLARING CERTAIN ACTS AND
CONDITIONS NUISANCES, PROHIBITING NUISANCES, PROVIDING FOR THE
ABATEMENT OF NUISANCES, PROVIDING FOR THE CREATION OF LIENS OR
COSTS FOR ABATEMENT OF NUISANCES AND FOR FORECLOSURE, ESTABLISHING
A PENALTY AND AUTHORIZING PUBLICATION.
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WHEREAS, the City Council of the City of colleyville deems it is
in the best interest of the City to establish regulations
governing nuisances within the City of Colleyville; and
WHEREAS, the City Council finds that in order to promote public
heal th and safety, the passage of this Ordinance is
required.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
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Sec. 1 :
THAT sections 1 to 4 of Chapter 7 of the Colleyville Code
be amended to read as follows:
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"SECTION 1: DEFINITION AND DECLARATIONS OF NUISANCES.
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A. DEFINITION OF NUISANCE.
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Any condition or occurrence which is dangerous to
human life or health, or which renders the ground, the
water, the air, or food a hazard or injury to human life
or health or that is offensive to the senses, or that is
or threatens to become detrimental to the public health
is and shall constitute a nuisance.
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B. AS A NUISANCE.
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The following acts or conditions are specifically
declared to be nuisances. However, the foregoing
declarations are not exclusive and any act or condition
which is dangerous to human life or health, or which
renders the ground, water, air, or food a hazard or
injury to human life or health or that is offensive to
the senses, or that threatens to become detrimental to
the public health shall be a nuisance even though not
specifically declared a nuisance herein:
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( 1) THE KEEPING OF ANIMALS UNDER CERTAIN
CONDITIONS.
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(a) Stables. stalls. etc.. in which
manure accumulates. The keeping or harboring of any
horse, cattle, cows, sheep, goats, or any other animal or
allowing manure or liquid discharges of such animals to
collect or accumulate in an unclean or unsanitary manner
is hereby declared to be a nuisance; provided that
nothing in this subsection shall be construed as to
include manure deposits upon any private property for the
purpose of cultivating same, when such deposits are
maintained so as to prevent the breeding of flies.
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(b) Keepinq Hoqs. The keeping or
harboring of hogs or swine is hereby declared to be a
nuisance, with the exception of four (4) adult registered
potbellied pigs kept as domesticated pets.
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(c) Doq Kennels within Three Hundred
(300) Feet of Residences. Allowing more than four (4)
dogs to be housed, kept, raised or boarded at one time
within three hundred (300) feet of any residence, other
than the residence of the owner of the dogs, is hereby
declared to be a nuisance.
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(d) Keeoinq Horses. Cattle. Sheep. and
Goats. The stabling, pasturing, or keeping of any horse,
cow, cattle, sheep or goat which does not meet the
following criteria is hereby declared to be a nuisance:
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The total number of grazing animals shall not
be more than two large or four small grazing
animals per 15,000 square feet of contiguous
land area the animal keeper owns or controls
on the condition a paddock area is provided
which is not less than 7,500 square feet per
large grazing animal or 3,750 square feet per
small grazing animal for each animal which is
turned out and that a minimum of 7,500 square
feet of paddock area be provided in any case.
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( e)
The keeping of any
cow, cattle, sheep
nuisance.
The Keepinq of Grazinq Animals.
grazing animal other than a horse,
or goat is hereby declared to be a
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(f) Keeping Chickens. The keeping of
chicken(s) within fifty (50) feet of any residence or
inhabited building is hereby declared to be a nuisance.
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(g) Keepinq Piqeons. The keeping or
harboring of more than seventy-five (75) pigeons or
failing to confine pigeons in proper cages or lofts
maintained in a clean and sanitary condition is hereby
declared to be a nuisance. Provide, however, pigeons
bearing a seamless leg band issued by a recognized
association of pigeon fanciers may be released for
exercise or performance, upon the condition that the
owner or person or persons having possession of such
pigeons shall not permit them to alight on any building
whatsoever or property of others.
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(2) DISCHARGE OF LIQUID WASTE ON STREETS.
The accumulation or discharge onto any public street or
private property, urine liquid waste from stables, swill,
water from privy vaults, water from sinks, waste water,
or any foul or nauseous waste of any kind whatsoever is
hereby declared to be a nuisance.
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(3) ACCUMULATION OF GARBAGE AND FILTH.
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The deposit or existence on or in any public or private
building or property, of any putrid or unsound meat,
pork, fish, hides, decayed vegetables or food, manure,
ash heaps, garbage, offal, rubbish, dirt, or filth of any
kind is hereby declared to be a nuisance, wi th the
exception to compost piles. (See section 1 (a) of the
City Code).
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(4) COMMON USE OF HALLS, WATER CLOSETS, ETC.,
IN RESIDENCES.
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The renting, leasing, hiring out to be occupied or the
occupancy of any building or part thereof of as a home or
residence of more than two families, living independent
of one another, giving to each family or person therein
the common right to halls, yards, water closets or
privies or some of them, is hereby declared to be a
nuisance.
( 5 ) BURNING.
The burning of any manure, straw, garbage or any refuse
of any kind or description except within an incinerator,
approved by the Texas State Department of Health and the
City, is hereby declared to be a nuisance.
(6) DEAD ANIMALS.
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(a) Slauqhtered Animals. The keeping
of any unclean carcasses of hogs, cattle, or other
animals in any slaughterhouse, meat market, meat shop or
otherwise in an unclean or unsanitary manner is hereby
declared to be a nuisance.
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(b) Green or Unsalted Hides. The
keeping of any green or unsalted hides for a period
exceeding six (6) hours is hereby declared to be a
nuisance.
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(c) Renderinq Materials from Dead
Animals. Conducting a business or any part thereof
concerning bone crushing, bone boiling, bone grinding,
bone burning, bone drying, fat burning, fat boiling, fat
rendering, fat drying, gut cleaning, or the making of
glue or the manufacture of fertilizer material of any
kind or description from any dead animal or parts
thereof, or boiling of offal, swill, fat, or grease of
any description is hereby declared to be a nuisance.
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(7) FILTHY DRAINS, LEAKING GARBAGE
RECEPTACLES, MANURE BOXES, ETC.
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Allowing any unclean, stinking, fowl, defective, or
filthy drain, ditch, tank or gutter, or any leaking or
broken slop, garbage or manure boxes or receptacles of
like character on any property, is hereby declared to be
a nuisance.
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(8) ACCUMULATION OF OFFENSIVE MATERIALS.
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The deposit or existence of any dirt gathered in cleaning
yards, waste of mills or factories, damaged merchandise,
wet, broken, or leaking barrels, casks or boxes, or used
building materials is hereby declared to be a nuisance.
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(9) DEPOSITING OR THROWING ARTICLES INTO
SEWER, SEWER INLET, ETC.
The depositing, throwing, or insertion into any sewer
inlet or privy vault, which has a sewer connection, any
article whatsoever that may cause the sewer to choke up,
stop up, or otherwise render same inoperative in whole or
part is hereby declared to be a nuisance.
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(10) VEHICLES HAULING GARBAGE, SWILL, OR
OTHER OFFENSIVE MATTER.
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The transportation of manure, garbage, swill, ashes,
cinders, or other loose material 1n any of the streets of
the City on a vehicle other than in a good and
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substantially tight box thereon, the size of which shall
not be less than 24 inches high and the tail board 24
inches high, so that no portion of such manure or other
loose material shall be scattered or thrown into the
street, or hauling garbage, swill, or other offensive
material in a vehicle which does not have the box thereon
closely covered with sufficient covering, so closely
fitted as to prevent the escape or flying about of any of
the contents or effluvia therefrom is hereby declared to
be a nuisance.
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(11) PONDS OR POOLS OF UNWHOLESOME WATER.
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Creating or allowing the existence upon any property of
a pond or pool or container of unwholesome, impure, or
offensi ve water or water which is conducti ve to the
breeding of mosqui toes, is hereby declared to be a
nuisance.
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(12) IMPURE OR
CISTERNS.
OR
UNWHOLESOME
WELLS
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Allowing the existence of any well or cistern to exist
upon any property whenever a chemical or bacteriological
analysis shows that the water of the well or cistern is
of impure or unwholesome is hereby declared to be a
nuisance.
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(13) NOISE NUISANCES.
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(a) Any unreasonably loud, disturbing,
unnecessary noise which causes material distress,
discomfort, or injury to persons of ordinary
sensibili ties in the immediate vicinity thereof is hereby
declared to be a nuisance.
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(b) Any noise of such character,
intensi ty , and continued duration which substantially
interferes with the comfortable enjoyment of private
homes by persons of ordinary sensibilities is hereby
declared to be a nuisance.
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(c) The following acts, among others,
are declared to be nuisances, but such enumerations shall
not be deemed to be exclusive
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(i) Musical Instruments. The
playing of any radio, phonograph or other musical
instrument in such manner of which such volume,
particularly during the hours of lO:OO P.M., and 7:00
A.M., as to annoy or disturb the quiet, comfort, or
repose of persons of ordinary sensibilities in any
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dwelling, hotel, or other type of residence.
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(ii) Loud-Speakers and Amplifiers.
The use of any stationary loud-speaker or amplifier of
such intensity as to annoy and disturb persons of
ordinary sensibilities in the immediate vicinity thereof;
the use of any stationary loud-speaker or amplifier
operated on any weekday between the hours of lO:30 P.M.,
and 7:00 A.M., or at any time on Sunday.
(iii) Animals and Birds. The
keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort and
repose of any person of ordinary sensibilities in the
immediate vicinity.
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(iv) Horns or Other Siqnal Devices
on Vehicles. The continued or frequent sounding of any
horn or signal device on any automobile, motorcycle, bus,
or other vehicle except as a danger or warning signal;
the creation by means of any such signal device of any
unreasonably loud or harsh sound for any unnecessary and
unreasonable period of time.
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(v) Ooeration of Vehicles. The
running of any automobile, motorcycle, or other vehicle
so out of repair, so loaded, or in such manner as to
create loud or unnecessary grating, grinding, jarring, or
rattling noise or vibrations.
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(vi) Steam Whistles. The blowing
of any steam whistle attached to any stationary boiler
except to give notice of time to begin or stop work, or
as a warning of danger.
(vii) Exhaust without Mufflers.
The discharge into the open air of the exhaust of any
steam engine, stationary internal combustion engine,
motor vehicle, or boat engine, except through a muffler
or other device which will effectively prevent loud or
explosive noises therefrom.
(viii) Devices Operated by
Compressed Air. The use of any mechanical device
operated by compressed air, unless the noise to be
created is effectively muffled and reduced.
(ix) Construction Work. The
including excavation, demolition, alteration,
work on any building other than between the
7:00 A.M., and 6:00 P.M., Monday through
except in case of urgent necessity in the
erection,
or repair
hours of
Saturday,
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interest of public safety and convenience, and then only
by permit from the City Council, which permit may be
renewed by the Council.during the time the emergency
exists.
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(x) Near Schools and Hospitals.
The creation of any excessive noise on any street
adjacent to any school or institution of learning while
the same is in session or adjacent to any hospital which
unreasonably interferes with the working of such
institutions, provided conspicuous signs are displayed in
such manner indicating that the same is a school or
hospital street.
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(xi) Loading and Unloading
Vehicles. Etc. The creation of any loud and excessive
noise in connection with the loading or unloading of any
vehicle or the opening and destruction of bales, boxes,
crates, and containers.
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(xii) Peddlers. Hawkers. Etc.
raucous shouting and crying of peddlers, hawkers,
vendors, which disturbs the peace and quiet of
neighborhood.
The
and
the
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(xiii) Use of Drums. Etc.. to
Attract Attention. The use of any drum, loud-speaker or
other instrument or device for the purpose of attracting
attention, by the creation of noise, to any performance,
show, or sale of merchandise.
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(xiv) Soundinq of Sirens. Etc.. on
Vehicles. The sounding of any siren, horn, or other
signal device on any automobile, ambulance, truck,
motorcycle, bus, or other vehicle in the City, except as
a danger or warning signal to persons or animals using
the streets, sidewalks, and public thoroughfares, shall
constitute a violation of this subsection.
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(xv) Railroads. The blowing or
sounding of any steam whistle, horn, or signal device on
any engine, locomotive car, or vehicle adapted to the
rails of a railroad in the city, except as a warning or
a danger signal to persons or animals approaching,
crossing, or using the tracks of the railroad, shall
constitute a violation of this subsection.
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(14) WEEDS.
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Permitting or allowing weeds or grass to grow or exist
upon any private property to a height in excess of twelve
( l2 ) inches or to leave weeds or grass in excess of
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twelve (12) inches on such premises after they have been
cut is hereby declared to be a nuisance.
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SECTION 2: PROHIBITION
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(A) No person, firm, or corporation which is the
owner of or in control of any occupied or
unoccupied premises shall permit or allow the
existence of any nuisance thereon.
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(B) No person, firm or corporation shall commit
or perform any act which constitutes or
creates a nuisance.
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SECTION 3: ABATEMENT OF NUISANCES, PROCEDURE,
LIENS, FORECLOSURE.
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(A) NOTIFICATION.
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Whenever any nuisance exists upon any
property within the City, the City Manager or his
designee shall notify the owner or the occupant of the
premises on which the nuisance exists of the violation of
the City Code and order the abatement of the nuisance.
said notice and order shall be given:
(1) personally to the owner in writing;
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(2) by letter addressed to the owner at the
owner's post office address; or
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(3) by publication at least twice within ten
(10 ) consecutive days if personal service cannot be
obtained and owner's post office address is unknown.
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(B) ABATEMENT.
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If the owner of the property does not comply
with the City Code and order issued within ten (10) days
of notice of the violation, the city may do the work or
make the improvements required; and pay for the work done
or improvements made and charge the expenses to the owner
of the property.
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(C) LIEN FOR COSTS.
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Where the nuisance abated:
(1) concerns the filling, draining, and
regulating of any place in the City that is unwholesome,
contains stagnant water, or is in any other condition
that may produce disease;
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(2) concerns the making, filling, altering
or repairing of sewers and privies;
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(3) concerns the mode and material for
constructing sewers and privies;
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cleaning
and
(4) concerns the
disinfecting of sewers and privies;
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(5) concerns the cleaning of a building,
establishment, or ground from filth, carron, or other
impure or unwholesome matter; or
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(6) concerns requ1r1ng the owner of a lot in
the City to keep the lot free from weeds, brush, rubbish,
and other objectionable, unsightly or unsanitary matter.
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The City Council may assess the expenses incurred against
the real estate on which the work is done or improvements
made to alleviate or abate the nuisance. To obtain a
lien, the Mayor or his designee shall file a statement of
expenses with the County Clerk of the County in which the
municipality is located. Said lien shall be security for
the expenditures made and interest shall accrue on said
expenditures at the rate of lO% per annum on the amount
due from the date of payment by the City.
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(D) FORECLOSURE.
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The City may bring a suit for foreclosure of the lien in
the name of the City to recover the expenditures and
interest due and in said suit the statement of expenses
or a certified copy of the statement shall be prima facie
approved for the expenses incurred by the municipality in
doing the work or making the improvements.
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SECTION 4: JUNKED VEHICLES
(A) DEFINITIONS
(1) Junked Vehicle means a motor vehicle as
defined in section 1, Chapter 42, General Laws, Acts of
the 41st Legislature, Second Called Session, 1929,
Article 670ld-11, Vernons Texas civil Statutes:
(a) that is inoperative; and
(b) that does not have lawfully affixed
to it either an unexpired license plate or a valid motor
vehicle safety inspection certificate, that is wrecked,
dismantled, partially dismantled or discarded, or remains
inoperable for a continuous period of more than forty-
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five (45) days.
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(2 ) Antique Auto means a passenger car or
truck that was manufactured in 1925 or before or a
passenger car or truck that is at least thirty-five (35)
years old.
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(3) Soecial interest vehicle means a motor
vehicle of any age that has not been altered or modified
from original manufacturer specifications and, because of
historic interest, is being preserved by hobbyist.
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(4) Collector means the owner of one (1) 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.
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(B) JUNKED VEHICLES AS PUBLIC NUISANCE
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(1) A junked vehicle or vehicle part that is
located in a place where it is visible 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
fire hazards, constitutes and 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 adverse to the maintenance and
continued development of the City and is hereby declared
to be a public nuisance. It is not a public nuisance to
maintain a vehicle or a 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, a vehicle or a vehicle part that is stored or
parked in a lawful manner on private property in
connection with a business of a licensed vehicle dealer
or junkyard, or an unlicensed, operable or inoperable
antique or special interest vehicle stored by a collector
on the collector I s property, if the vehicle and the
outdoor storage 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.
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(2) A person commits an offense if that
person maintains a pUblic nuisance as determined under
this section. Each and every day said nuisance continues
shall constitute a separate and distinct offense.
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(3) A person who commits an offense under
this section is, on conviction, subject to a fine not to
exceed two hundred dollars ($200.00). On conviction, the
Court shall order removal and abatement of the nuisance.
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(C) SUMMARY PROCEDURE FOR ABATING PUBLIC NUISANCE
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(1) Upon determination by the Police Chief
that a junked vehicle located on private property
constitutes a public nuisance, the Police Chief or his
designee which must be a regularly salaried, full time
employee of the City, shall give written notice that the
public nuisance must be removed and abated within ten
(10) days of the notice or a request for a public hearing
before the City Council must be made within said lO day
period. Said written notice shall be mailed by certified
mail with a five day return requested to the last known
registered owner of the junked vehicle, any lienholder of
record, and the owner or occupant of the private premises
on which the public nuisance exists. If any notice is
returned undelivered by the united States Post Office,
official action to abate the nuisance shall be continued
to a date not less than ten (10) days after the date of
return.
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(2) Upon the determination by the Police
Chief that a junked vehicle located on public property
constitutes a public nuisance, the Police Chief or his
designee, which must be a regularly salaried full time
employee of the City, shall given written notice that the
nuisance must be removed and abated within ten (10) days
or a request for a public hearing before the City Council
must be made before the expiration of the ten (10) day
period. The notice shall be mailed by certified mail
wi th a five day return requested to the last known
registered owner of the junked vehicle, any lienholder of
record, and the owner or occupant of the public premises
or the owner or occupant of the premises adjacent to the
public right of way on which the public nuisance exists.
If the notice is returned undelivered by the United
States Post Office, official action to abate the nuisance
shall be continued to a date not less than ten (10) days
after the date of the return.
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(3) The notices given pursuant to sections
(a) and (b) hereof shall also designate a time and place
at which a public hearing shall be held before the
removal of the vehicle or vehicle part as a public
nuisance. Said hearing shall be held before the Police
Chief of the City; provided, however, if a hearing is
requested by the owner or occupant of the pUblic or
private premises or owner or occupant of the premises
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adjacent to the public right-of-way upon which the
vehicle is located within ten (10) days after service of
the notice to abate the nuisance, said hearing shall be
held before the City Council. A resolution or order
requiring removal of the vehicle or the vehicle part must
include a description of the vehicle and the correct
identification number and license number of the vehicle
if the information is available at the site.
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(D) After a vehicle or a vehicle part has been
removed pursuant to these procedures it shall not be
reconstructed or made operable.
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(E) The City shall give notice to the state
Department of Highways and Public Transportation not
later than the fifth (5th) day after the date of removal,
which shall specify the identity of the vehicle or
vehicle part removed.
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Sec. 2: THAT the rema1n1ng sections of Chapter 7 of the
colleyville Code, being section 4: Miscellaneous
Offenses, shall be renumbered Section 5, that Section 5:
Registration and Regulation of Police Alarm Systems,
shall be renumbered Section 6, and Section 6: Smoking in
Public Places and at Public Meetings, shall be renumbered
Section 7.
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Sec. 3: Any person, firm or corporation violating any prov1s10n
of this Ordinance shall be deemed guilty of a misdemeanor
and upon final conviction thereof shall be fined as
follows:
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(a) The fine for any violation concerning fire
safety or public health and sanitation,
including the dumping of refuse, shall be
$2,000.00.
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(b) The fine for the violation of this ordinance
concerning matters other than fire safety or
public health and sanitation, including
dumping of refuse, shall be $500.00.
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Each and every day such violation continues or is allowed
to exist shall constitute a separate violation and be
punishable as such.
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Sec. 4:
THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption and penalty
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clauses of this ordinance as an al ternati ve method
provided by law.
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AND IT IS SO ORDERED
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The first~eading and PUbl~ 1earing being conducted on the
/tjr. ( day of
. 6~_, 1991.
The seco~ reading and p~~1;~~ng being conducted on the
6''7 day of , 1991-
The third,f? reading and p~ring being con~n the
~& '1 ( day of , 1991.
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CITY OF COLLEYVILLE
~~~
Chris H ki s
Mayor
Z AS~ LEGALITY:
-/ ,,~-
Ro s T. Foster
city Attorney
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