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Home My WebLink About90-2838HEALTH & SAFETY - WEEDS - SANITATION ORDINANCE NO. 90- 2838 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, ADOPTING CHAPTER 342 OF THE HEALTH AND SAFETY CODE; PROVIDING FOR THE ADOPTION OF STATE LAW AND AUTHORITY IN REGARD TO MUNICIPAL REGULATION OF SANITATION, INCLUDING WEED CONTROL; PROVIDING FOR A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND AUTHORIZING THE CITY SECRETARYTOPUBLISH PURSUANT TOLAW. W~R. REAS, there exists in the City of Plainview certain health and safety conditions among which are the accumulation of weeds, rubbish, brush and other objectionable, unsightly or unsanitary matters; and WHEREAS, the City Council of the City of Plainview has the authority to regulate the cleaning of building establishments or grounds of filth, carrion or other impure or unwholesome matter and may require owners of property to keep their lots free of weeds, rubbish, brush and other objectionable and unsightly Or unsanitary matter; and WHEREAS, State law provides that should a condition continue the City may punish an owner or an occupant of a property for violation of ordinances pertaining to such conditions; and WHEREAS, if the owner of the property does not comply with City Ordinances or requirements as pertaining to Health and Safety, the City may do the work or make the required improvements necessary to bring the property into compliance and charge the expenses to the owner of the property pursuant to law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1: That V.T.C.A., Health and Safety Code, as amended, Chapter 342 is herby adopted by the City of Plainview. SECTION 2: Penalties. Any person, either by himself or by agent, and any firm, cooperation or other entity who violates any other provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction of any such violation shall be fined in a sum not to exceed $2,000; and each day during which such violation continues shall constitute a separate and distinct offense. In case the owner or occupant of any lot, lots or premises under the provisions of this ordinance shall be a corporation, and shall violate any provisions of this ordinance, the president, 1 of 2 vice-president, secretary or treasurer of such corporation or any manager, agent or employee of such corporation shall be also personally and severely liable for the penalties herein provided. Any offense defined herein which has been defined by the law of the State of Texas is a offense and for which a penalty has been prescribed shall be punished as provided in such State law and nothing herein shall be as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. SECTION 3: Severability Clause. If any provisions of this ordinance herein adopted or the application thereof to any person or circumstances are held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 4: Publication. The City Secretary is hereby authorized, pursuant to Local Government Code Section 52.013 (Vernon 1990) to publish only the caption and penalty provision of this Ordinance. SECTION 5: Effective Date. This Ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on this the 14th day of August, 1990. E. V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: Mike McDonough, Director o~ Municipal Services APPROVED AS TO FORM: David Blackburn, City Attorney 2 of 2 SAI~4dTATION AND ENVIRONMENTAL QUALITY Ch. d 42 ~.~ injunctive relief to restrain the person from continuing the violation or ~hreat of violation; ~"'~.~., the assessment and recovery of a civil penalty; or ,113.',, both injunctive relief and a civil penalty. (e) The department is a necessary and indispensable party in a suit brought by ~ county or municipality under this section. (f) On the department's request, the attorney general shall institute and con'~uzt a suit in the name of the state for injunctive relief, to recover a civil penaky, or for both injunctive relief and civil penalty. (g) The suit may be brought in Travis County, in the county in which the defendant resides, or in the county in which the violation or threat of violation occurs. (h) In a suit under this section to enjoin a violation or threat o.~f violation of this chapter or a rule adopted under this chapter, the court shall grant the ,tare. county, or municipality, without bond or other undertaking, any injunc- tion that the facts may warrant, including temporary restraining orders, temporary injunctions after notice and hearing, and permanent injunctions. (i) Civil penalties recovered in a suit brought under this section by a county or municipality shall be equally divided between: (!) the state; and the county or municipality that first brought the suit. 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Historical Note i~or Law: Acts 1987, 70th Leg., ch. 305, § 3. lcis 1945, 49th Leg., p. 234, ch. 178. Vernon's Ann. Civ. St. art. 4477-1, § 25. Acts 1977, 65th Leg., p. 1189, ch. 456, § 5. CHAPTER 342. LOCAL REGULATION OF SANITATION SUBCHAPTER A. MUNICIPAL REGULATION OF SANITATION ~Clton ~42.001. Municipal Power Concerning Stagnant Water and Other Unsanitary Condi- .~2.0,0~ r~ons. :'42 ch3.~i Municipal Power Concerning Sewers and Privies. Municipal Power Concerning Filth, Carrion, and Other Unwholesome Matter. ~'~2.c~34. Municipal Poxver Concerning Weeds or Other Unsanitary Matter. ~42 0~5 Violation of Ordinance. ."'~2 Cq6 Work or Improvements by Municipality; Notice. '~l? a97. Assessment of Expenses; Lien. [Sections 342.008 to 342.020 reserved for expansion] 815 § 342.001 HEALTH AND SAFETY CODE Title 5 Section SUBCIIAPTER B. REGULATION OF SANITATION BY CERTAIN TYPES OF MUNICIPALITIES 342.021 Power of Type A General-Law Municipality Concerning Carcasses or Other Unwholesome Matter. 342.022. Joint Sanitary Regulations of Type A General-Law Municipality and County, SUBCHAPTER A, MUNICIPAL REGULATION OF SANITATION § 342.001, Municipal Power Concerning Stagnant Water and Other Un- sanitary Conditions (a) The governing body of a mumcipality may require the Filling, draining, and regulating of any place in the municipality that is unwholesome, contains stagnant water, or is in any other condition that may produce disease. (b) The governing body of a municipality may require the inspection of all premises. (c) The governing body of a municipality may impose fines on the owner of premises on which stagnant water is found. Acts 1989, 71st Leg., ch. 678, § 1, elf. Sept. 1, 1989, Historical Note Prior Law: Acts 1917, 35th Leg., p. 405. Acts 1959. 56th Leg., p. 972. ch. 453, § 1. Acts 1875, 14th Leg., p. 113. Acts 1965, 59th Leg., p. 975. ch. 470, § 1. G.L. vol. 8, p. 485. Acts 1987, 70th Leg., ch. 329. § 1. Rev. Civ. St.187% art. 984. Vernon's Ann.Civ.St. art. 4436. § 342.002. Municipal Power Concerning Sewers and Privies The governing body of a municipality may: (1) regulate the making, filling, altering, or repairing of sewers and privies; (2) direct the mode and material for constructing sewers and privies; and (3) regulate the cleaning and disinfecting of sewers and privies. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical Note Prior Law: Acts 1917, 35th Leg., p. 405. Acts 1959, 56th Leg., p. 972, ch. 453. § ~. Acts 1875, 14th Leg., p. 113. Acts 1965, 59th Leg., p. 975, ch. 470, §.. G,L. vol. 8, p. 485. Acts 1987, 70th Leg,, ch. 329. § 1. Rev. Civ. St.1879, afl. 984. Vernoo's Ann. Civ. St. art. 4436. 816 SANITATION AND ENVIRONMENTAL QUALITY § 342.006 Ch. 342 § 342.003. Municipal Power Concerning Filth, Carrion, and Other Un- wholesome Matter The governing body of a municipality may regulate the cleaning of a building, establishment, or ground from filth, carrion, or other impure or unwholesome matter. Acts 1989, 71st Leg., ch. 678, § 1, elf. Sept. 1, 1989. Prior Law: Acts 1875, 14th Leg., p. 113. G.L. vol. 8, p. 485. Rev. Civ. St.1879, art. 984. Historical Note Acts 1917. 3$th l,eg., p. 405. Acts 1959, 56th Leg., p, 972 ch 453, § II. Acts 1965, 59th L~g,, p. 975. ch 470, § Acts 1987. 70th Leg., ch. 32% ~ I' Vernon's Ann. Civ.St. art. 4436, § 342.004. Municipal Power Concerning Weeds or Other Unsanitary Matter The governing body of a municipality may require the owner of a 1o! in the municipality to keep the lot free from weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter. Acts 1989, 71st Leg., ch. 678, § I. elf. Sept. 1, 1989. Historical Note Prior Law, Acts 1917, 35th Leg., p. 405. Acts 1875, 14th Leg., p. 113. Acts 1959. 56th Leg., p. 972, cE 453, § I, G.L. vol. 8, p. 485. Acts 1965, 59th Leg. p. 975. ch 470. § 1. Rev. Civ,St.1879, art. 984. Acts 987. 70th Leg., ch. 329. § 1. Vernon's Ann. Civ.St. art. 4436. § 342.005. Violation of Ordinance The governing body of a municipality may punish an owner or occupant of property in the municipality who violates an ordinance adopted under this subchapter. Acts 1989, 71st Leg., ch. 678, § I, elf. Sept. 1, 1989. Historical Note l~rlor Law; Acts 1917, 35th Leg., p. 405. Acts 1875, 14th Leg., p. 113. Acts 1959. 56th Leg., p. 972, ch, 453. § 1. G,L. vol. 8. p. 485. Acts 1965. 59th Leg., p. 975. ch. 470. § 1. Acts 1987, 70th Leg, ch. 329, § 1. Rev. Civ. St. 1879, art. 984, Vernon s Ann. Civ. St. art. 4436~ § 342.006. Work or Improvements by Municipality; Notice (a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this chapter within 10 days of notice of a violation, the municipality may: (1) do the work or make the improvements required: and 817 § 342.006 HEALTH AND SAFETY CODE Title 5 (2) pay for the work done or improvements made and charge Lhe ex. penses to the owner of the property. (b) The notice must be given: (1) personally to the owner in writing; (2) by letter addressed to the owner at the owner's post, office address; or (3) by publication at least twice within I0 consecutive days if personal service cannot be obtained or the owner's post office address is unknown. Acts 1989, 71st Leg., ch. 678. § 1, elf. Sept. 1, 1989. Historical Note Prior Law: Acts 1917, 35th Leg., p. 405. Acts 1959. 56th Leg., p. 972, ch. 453. § I, Acts 1875, 14th Leg., p. 113, Acts 1965, 59th Leg., p. 975, ch. 470, § 1, G.L. vol. 8. p. 485. Acts 1987. 70th Leg., ch. 329, § 1. Rev. Ctv. St.1879, art. 984. Vernon's Ann.Civ.St. art. 4436. § 342.007. Assessment of Expensesi Lien (a) The governing body of a municipality may assess expenses incurred under Section 342.006 against the real estate on which the work is done or improvements made. (b) To obtain a lien against the property, the mayor, municipal health authority, or o~her municipal official designated by the mayor must file a statement of expenses with the county clerk of the county in which the municipality is located. (c) The lien obtained by the municipality's governing body is security for the expenditures made and interest accruing at the rate of 10 percent .on the amount due from the date of payment by the municipality. (d) The lien is inferior only to: (1) tax liens; and (2) liens for street improvements. (e) The governing body of the municipality may bring a suit for foreclosure in the name of the municipality to recover the expenditures and interest due. (f) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the municipality in doing the work or making the improvements. (g) The remedy provided by this section is in addition to the remedy provided by Section 342.005. Acts 1989, 71st Leg., ch. 678. § 1, eft. Sept. 1, 1989. Historical Note Prior Law: Rev. Civ. St.1879. art. 984, Acts 1875, 14th Leg., p. 113. Acts 1917, 35th Leg., p. 405. G.L. vol 8, p. 485. Acts 195!}, 56th Leg., p. 972, ch. 453. § L 818 SANITATION AND ENVIRONMENTAL QUALITY Ch, 342 Acts 1965. 59th Leg., p. 975, ch. 470. § 1. Acts 1987, 70th Leg., ch. 329, § I. Vernon's Ann.Civ. St. art, 4436. § 342.022 [Sections 342.008 to 342.020 reserved for expansion] SUBCHAPTER B. REGULATION OF SANITATION BY CERTAIN TYPES OF MUNICIPALITIES § 342.021. Power of Type A General-Law Municipality Concerning Car- casses or Other Unwholesome Matter (a) The governing body of a Type A general-law municipality may: (1) prevent a person from bringing, depositing, or having in the munici- pal limits a carcass or other offensive or unwholesome substance or matter; and (2) require a person to remove or destroy any offensive or unwholesome substance or matter, filth, putrid or unsound beef, pork, or fish. or hides or skins of any kind that the person is responsible for placing in the munici- pality. (b) If the person does not comply with a provision adopted under Subsec, tion (a), the municipality's governing body may: (1) authorize a municipal officer to remove or destroy the offending material; or (2) require the owner of a dead animal to remove the dead animal to a place designated by the municipality's governing body. Acts 1989. 71st Leg., ch. 678. § 1, elf. Sept. I, 1989. Historical Note Prior Law.. Acts 1987. 70th Leg., ch. 149. § $(a). Rev. Civ. St. 1911, art. 842. Vernon's Ann. Civ. St. art, 1015. Subdiv. 6. § 342.022. Joint Sanitary Regulations of 'Iype A General-Law Municl. pallty and County The governing body of a Type A general-law municipality may cooperate with the commissioner's court of the county in which the municipality ~s located in making improvements considered necessary by those entities to: (1) improve the public health and promote efficient sanitary regulations; and (2) arrange for the construction of and payment for those improvements. lets 1989, 71st Leg., ch. 678, § 1, eft. Sept, 1, 1989. 819