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HomeMy WebLinkAboutOrdinance No. 2020-31ORDINANCE NO.2020-31 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 26, ENVIRONMENT, BY REPEALING ARTICLE III. SANITARY NUISANCES, SECTIONS 26-69 THROUGH 26-73 AND ADOPTING CHAPTER 26, ENVIRONMENT, ARTICLE III. SANITARY NUISANCES, SECTIONS 26-69 THROUGH 26-77; AMENDING THE CODE OF ORDINANCES, CHAPTER 26, ENVIRONMENT, BY ADDING A NEW ARTICLE VIII. GRAFFITI ABATEMENT, SECTIONS 26-293 THROUGH 26-301 AND ADDING A NEW ARTICLE IX. MAINTENANCE OF STORM WATER SYSTEMS, SECTION 26-302; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. * * * * * * * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. The City Council hereby further finds and determines that the rules, regulations, terms, conditions, provisions and requirements of this ordinance are reasonable and necessary to protect the public health, safety and welfare of the citizens of the City. Section 2. That Chapter 26 of the Code of Ordinances entitled "Environment", Article III. Sanitary Nuisances, Sections 26-69 through 26-73 are hereby repealed in their entirety. ARTICLE III. - SANITARY NUISANCES Ord No. 2020-31 Section 3. That Chapter 26 of the Code of Ordinances entitled "Environment", Article III. Sanitary Nuisances, Sections 26-69 through 26-77 are amended to read as follows: ARTICLE III. - SANITARY NUISANCES Sec. 26-69. - Nuisance Generally. Ord No. 2020-31 Whatever is dangerous to human life or health, and whatever renders the ground, the water, the air or any food or drink unwholesome and a hazard to human life and health is hereby declared to be a nuisance. Sec. 26-70. - 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 context clearly indicates a different meaning: Premises means a tract of land including its buildings or other appurtenances. Rubbish means non -decaying waste from a public or private establishment or residence. Swimming pool means any structure, basin, chamber or tank containing a body of water utilized for private or public swimming, diving, bathing or the immersion or partial immersion therein of human beings, and having a depth of two (2) feet or more at any point, and located on premises outside of a residence, building or other structure. This definition shall also include hot tubs, whirlpools, and spas that are located outside of a residence, building or other structure and meeting the above water depth criteria. Sec. 26-71. - Applicability. Under authority of the Texas Local Government Code, section 217.042, any violation of provisions of this article is hereby declared a nuisance and extends to and shall be applicable to all properties within the City limits. Sec. 26-72. - Offensive conditions. A person, owner, tenant, agent or person responsible for any premises, occupied or unoccupied, commits an offense if said person allows any of the following: (a) Swimming pools. Maintains a swimming pool in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease -carrying pests. (b) Rubbish. Keeps, stores, or accumulates thereon rubbish, including newspapers, abandoned vehicles, refrigerators, stoves, furniture, tires, and cans, on said premises for ten (10) days or more, unless the rubbish is completely enclosed in a building, and not visible from a public street or the premises is lawfully operated as a landfill. (c) Insects. Maintains the premises in a manner that creates conditions or places that are a breeding place for flies or other insects or allows a collection of water that is a breeding place for mosquitoes. (d) Unsanitary conditions. Maintains the premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease -carrying pests; or Ord No. 2020-31 (e) Stagnant water. Allows drain holes or depressions in which water collects, or fails to regrade any lots, grounds or yards or any other property owned or controlled by the owner or occupant which shall be unwholesome or have stagnant water thereon, or which from any other cause is in such condition as to be liable to produce disease; or (f) Odor. Operates or conducts any business or activity on the property in a manner that causes or results in any noxious, foul or offensive odor that originates on the property, or that emanates from any source that such owner or occupant has suffered, allowed or permitted to come onto the property, being detectable past or beyond the boundary of the property that is under the ownership or control of the owner or occupant; or (g) Drainage. The act of erecting or maintaining buildings or structures with roofs or eaves projecting beyond the property line or shedding water upon any property line or shedding water upon any property other than that belonging to the owner of such building or structure. (h) Nuisance. Any other act or thing done or suffered within the City which may cause interference with the enjoyment by any member of the community, or any person, who may thereby be deprived of his right to be free from offensive or unpleasant odors or vapors, and to breathe fresh air and to be free from the sounds or noises which generally disturb members of the community. Sec. 26-73. - Notice to owner to remedy or remove condition - Generally. (a) Whenever any condition described in this article is found to exist on any premises within the city, and the City of Friendswood intends to utilize the subsequent provisions of this article to correct or remove the condition and assess the costs against the premises, the city shall notify the owner of such premises, in writing, to correct, remedy or remove the condition within ten (10) days after such notice and it shall be unlawful for any person to fail to comply with such notice. (b) If the notice described in subsection (a) must be given two (2) times within a six -week period for any premises within the city, due to the reoccurrence thereon of a condition described in this article, then the owner of such premises shall be deemed to have notice of all subsequent reoccurrences of the same offensive condition upon the same premises for a period of twelve (12) months from the date of the said second notice, and no additional notices shall be necessary during that period for the city to provide before taking action to remedy the condition and assess the costs of such remedy against the premises. Sec. 26-74. - Same —How given. The notice provided for by this article shall be served personally on the owner to whom it is directed or shall be given by letter addressed to such owner at his last known post office address. In the event personal service cannot be made and the owner's address is unknown, such notice shall be given by publication at least two (2) times within ten (10) consecutive days in a newspaper of general circulation published within the city. Ord No. 2020-31 Sec. 26-75. - Abatement by city. In the event the owner of any lot or premises upon which a condition described in this article exists fails to correct, remedy or remove such condition within ten (10) days after notice to do so is given in accord with this article, the city may do such work or make such improvements as are necessary to correct, remedy or remove such condition, or cause the same to be done, and pay therefor and charge the expenses incurred thereby to the owner of such lot. Such expenses shall be assessed against the lot or real estate upon which the work was done or the improvements made. The doing of such work by the city shall not relieve such person from prosecution for failure to comply with such notice in violation of this article. Sec. 26-76. - Same —Filing of statement of expenses incurred. Whenever any work is done or improvements are made by the city under the provisions of this article, the city manager or his/her designee on behalf of the city, shall file a statement of the expenses incurred thereby with the county clerk. Such statement shall give the amount of such expenses, and the date or dates on which the work was done or the improvements were made. Sec. 26-77. - Same —Lien for and collection of expenses. After the statement provided for in section 26-76 is filed, the city shall have a privileged lien on the lot or real estate upon which the work was done or improvements made, to secure the expenses thereof. Such lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of ten (10) per cent per annum from the date the statement was filed. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city and the statement of expenses made in accord with section 26-76, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. Secs. 26-78-26-104. - Reserved. Section 4. That Chapter 26 of the Code of Ordinances entitled "Environment", is amended by adding a new Article VIII. Graffiti Abatement, Sections 26-293 through 26-301, which Article and Sections to read as follows: ARTICLE VIIL -GRAFFITI ABATEMENT Sec. 26-293. - Finding and intent. Ord No. 2020-31 6 The city council hereby finds the following recitals to be true and correct and adopts them for all purposes as findings of fact: The creation of graffiti is a criminal act prohibited by state laws in the Penal Code. Although the person who has had graffiti applied on his/her property may be the victim of a criminal act, unless the city acts to cause the removal of graffiti, it tends to remain and causes other properties and entire neighborhoods to be affected and become less desirable places in which to be, all to the detriment of the city and the public welfare. Graffiti is an impure and unwholesome matter and its existence is detrimental to the safety and welfare of the public; tends to reduce the value of private property; invites vandalism, additional graffiti, and other criminal activities; and, produces urban blight, which is adverse to the maintenance and continuing development of the city. Graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by providing an additional enforcement tool to protect public and private property from additional acts of graffiti, vandalism and other criminal activities. Sec. 26-294. - 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 context clearly indicates a different meaning; Graffiti. Any unauthorized painting, scratching, writing or inscription, including initials, slogans, symbols or drawings, that has been applied to any wall, building, fence, windows, sign or other structure or surface, which is visible from: (1) any public property, (2) any public right- of-way, or (3) another person's property. "Graffiti" does not include any of the foregoing that is placed on the property in compliance with any applicable city ordinance, state or federal law. Owner. Any owner of record, person who has contractual responsibility for the property, or person who has the legal right of possession of the property. There shall be a rebuttable presumption in prosecutions under this article that the person who is listed on the tax records for the county wherein the property is situated is the owner. There shall be a rebuttable presumption in prosecutions under this article that the person currently named on the account for utility services furnished by the City of Friendswood is the person who has the legal right of possession of the property. Unauthorized. Without the consent of the owner or without authority of law. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of evidence of specific authorization by the owner, (ii) that the visual blight is inconsistent with the design and the use of the subject property, or (iii) that the person causing the visual blight was unknown to the owner. Sec. 26-295. - Graffiti declared a public nuisance. Ord No. 2020-31 The city finds and determines that graffiti is an impure and unwholesome matter and its existence: (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; and (4) produces urban blight which is adverse to the maintenance and continuing development of the city. The existence of graffiti on public or private property in violation of this article is expressly declared to be a public nuisance and is subject to the removal and abatement provisions provided by law. It is the duty of the owner of the property to which graffiti has been applied to at all times keep the property clear of graffiti. Sec. 26-296. - Owner responsibility and graffiti removal program. (a) It shall be unlawful for the owner of property in the city to knowingly permit graffiti to remain on his or her property except where: (1) The graffiti is located on transportation infrastructure; or (2) The removal of the graffiti would create a hazard for the person performing the removal (b) Prior to any enforcement or removal efforts by the city, the property owner shall be informed in writing that the city, at its sole expense, shall remove the graffiti from the owner's property, provided the property owner gives written permission for removal of the graffiti and releases the city, its contractors, and/or volunteer personnel from liability in the performance of the graffiti removal by completing a permission and release from liability form. (c) If the property owner gives written permission for the city to remove the graffiti, the city shall remove the graffiti at its sole expense. City will only paint or repair the area affected by graffiti and will not paint or repair any more expansive an area than where graffiti is located. (d) If the city provides notice in accordance with this article and the United States Postal Service returns the notice as "refused" or "unclaimed," or the property owner fails to respond to the city's offer on or before the 151h day after the date the property owner receives notice of the city's offer, the property owner shall be deemed to have declined the city's offer. (e) If the property owner declines the city's offer to remove the graffiti, the city shall serve the property owner with notice to remove the graffiti from the property on or before the 15th day after the date the property owner receives notice to remove the graffiti. Failure of the property owner to remove the graffiti as described herein is a violation of this section. Sec. 26-297. - Notice. (a) The notice requirements of this article must be given: (1) In writing and delivered to the owner in person; or (2) By letter addressed to the owner at the property owner's address as contained in records of the appraisal district in which the property is located and sent certified mail, return receipt requested; or (3) If service cannot be obtained under (1) or (2): Ord No. 2020-31 a. By posting the notice on or near the front door of each building on the property to which the violation relates; or b. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates; or c. By publication at least once in a newspaper of general circulation in the city. (b) Notice will be deemed to have been received: (1) For personal delivery, as of the date the notice was given personally to the owner; (2) For mailed notice, three (3) days after it was mailed; (3) For notice posted on the property, ten (10) days after notice was posted; or (4) For newspaper notice, ten (10) days after the notice is published. Sec. 26-298. - Penalty. (a) Any person violating a provision of this article shall be guilty of a Class C misdemeanor if the damage is less than $500.00. (b) An offense under this article shall be punishable: (1) By a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for the first offense; (2) By a fine of not less than two hundred dollars ($200.00) and not more than five hundred fifty dollars ($500.00) for the second offense; and (3) By a fine of not less than three hundred dollars ($300.00) and not more than five hundred dollars ($500.00) for all subsequent offenses. Sec. 26-299. - Filing of statement of expenses incurred. Whenever expenses are incurred as a result of graffiti removal by the city per Section 26- 296 (e), the city manager or his/her designee on behalf of the city, shall file a statement of the expenses incurred thereby with the county clerk. Such statement shall give the name of the property owner (if known), the legal description of the property, and the amount of expenses incurred. Sec. 26-300. - Lien for and collection of expenses. After the statement provided for in section 26-299 is filed, the city shall have a privileged lien on the lot or real estate upon which the graffiti was removed, to secure the expenses thereof. Such lien shall be subordinate to any previously recorded lien and to the rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by Section 26-299. Sec. 26-301 - Defenses. It is an affirmative defense to prosecution of this offense that the property owner: Ord No. 2020-31 9 (1) Has removed graffiti from that particular property three (3) or more times within the preceding twelve (12) months, and (2) Has taken reasonable efforts to prevent the application of graffiti on that property. Section 5. That Chapter 26 of the Code of Ordinances entitled "Environment", is amended by adding a new Article IX. Maintenance of Storm Water Systems, Section 26-302, which Article and Section to read as follows: ARTICLE IX. - MAINTENANCE OF STORM WATER SYSTEMS. Sec. 26-302. Responsibility. The property owner shall be responsible for continuous maintenance of all existing and new storm water systems including detention ponds, drainage easements, outfalls, and swales. Maintenance shall include but not be limited to the following: repair of any drainage structures, repair of side and bottom slopes to maintain engineered topography, repair of nonoperational pumps, flap gates, pipes and associated hardware, reestablishment of lost vegetation, continuous removal of trash and debris, regular mowing of grass (in accordance with Article IV of this code), removal of trees and shrubs, extermination of rodent and mosquito populations, and repair of all aeration devices. Noncompliance. Any facility found not to be maintained shall be subject to the penal provisions contained in this ordinance. Notice of such noncompliance shall be served to the property owner at the address as contained in records of the appraisal district in which the property is located. Secs. 26-303-26-320. - Reserved. Section 6. With the exception of Section 26-298 of this Ordinance, a person who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 7. All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 8. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to Ord No. 2020-31 10 be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 9. That this Ordinance shall become effective upon publication as required by the City Charter. PASSED AND APPROVED on first reading this 3rd day of August, 2020. PASSED, APPROVED, and ADOPTED on second and final reading this 14th day of September, 2020. 4 Mike Fo m; Mayor ATTEST: y'of Melinda Welsh, TRMC : p City Secretary . ..FOF TEXP•'. Ord No. 2020-31 11 This form should be completed and forwarded to the City Manager's Office as soon as possible prior to the first date that the item is expected to be placed on the Friendswood City Council agenda. Date requested for City Council consideration: September 14, 2020 Date submitted: 7/28/2020 Prepared by: Glenda Faulkner, Executive Secretary Subject: Ordinance No. T2020-31: Second and Final reading of an ordinance of the City of Friendswood, Texas, amending the Code of Ordinances, Chapter 26, Environment, by repealing Article III. Sanitary Nuisances, Sections 26-69 through 26-73 and adopting Chapter 26, Environment, Article III. Sanitary Nuisances, Sections 26-69 through 26-77; amending the Code of Ordinances, Chapter 26, Environment, by adding a new Article VIII. Graffiti Abatement, Sections 26-293 through 26-301 and adding a new Article IX. Maintenance of Storm Water Systems, Section 26-302; providing a penalty clause; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing for severability, publication and an effective date. Originating Department: Community Development Degree of importance: Significant SUMMARY / ORIGINATING CAUSE The current nuisance ordinance is outdated including references to privies (outhouses), spitting tobacco on public rights -of -way, and hauling raw meat in wagons through town. The proposed ordinance is a more modern version addressing current nuisance issues. It establishes definitions for the following types of sanitary nuisances and is consistent with State Law: Swimming pools, Rubbish, Insects, Unsanitary conditions, Stagnant water, Odor, Drainage, Nuisance. Additionally, the proposed ordinance includes adopting a graffiti ordinance. A few things to note about this is that if the City does adopt this ordinance, it includes requirements in accordance with state law. 1. Graffiti defined 2. Unlawful for an owner to allow graffiti to remain with 2 exceptions 3. First remedy is for a city to remove the graffiti with written consent from the property owner. If consent is received, the city bears the cost of removal (not eligible for lien/reimbursement). 4. If consent is not received from the property owner, the city may serve the property owner with a notice to remove the graffiti. If the property owner does not remove the graffiti, the City can remove the graffiti and file a lien for the cost of removal. Currently, the City does not have a big problem with graffiti; however, if there was an issue that needed to be addressed, without this ordinance, we do not have any tools to get graffiti removed. Similar to other code enforcement violations, enforcement would be complaint driven. The proposed ordinance also formalizes maintenance responsibilities for storm water systems. The This form should be completed and forwarded to the City Manager's Office as soon as possible prior to the first date that the item is expected to be placed on the Friendswood City Council agenda. Date requested for City Council consideration: August 3, 2020 Date submitted: 7/7/2020 Prepared by: Glenda Faulkner, Executive Secretary Subject: Ordinance No. T2020-31: First reading of an ordinance of the City of Friendswood, Texas, amending the Code of Ordinances, Chapter 26, Environment, by repealing Article III. Sanitary Nuisances, Sections 26-69 through 26-73 and adopting Chapter 26, Environment, Article III. Sanitary Nuisances, Sections 26-69 through 26-77; amending the Code of Ordinances, Chapter 26, Environment, by adding a new Article VIII. Graffiti Abatement, Sections 26-293 through 26-301 and adding a new Article IX. Maintenance of Storm Water Systems, Section 26-302; providing a penalty clause; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing for severability, publication and an effective date. Originating Department: Community Development Degree of importance: Significant SUMMARY / ORIGINATING CAUSE The current nuisance ordinance is outdated including references to privies (outhouses), spitting tobacco on public rights -of -way, and hauling raw meat in wagons through town. The proposed ordinance is a more modern version addressing current nuisance issues. It establishes definitions for the following types of sanitary nuisances and is consistent with State Law: Swimming pools, Rubbish, Insects, Unsanitary conditions, Stagnant water, Odor, Drainage, Nuisance. Additionally, the proposed ordinance includes adopting a graffiti ordinance. A few things to note about this is that if the City does adopt this ordinance, it includes requirements in accordance with state law. 1. Graffiti defined 2. Unlawful for an owner to allow graffiti to remain with 2 exceptions 3. First remedy is for a city to remove the graffiti with written consent from the property owner. If consent is received, the city bears the cost of removal (not eligible for lien/reimbursement). 4. If consent is not received from the property owner, the city may serve the property owner with a notice to remove the graffiti. If the property owner does not remove the graffiti, the City can remove the graffiti and file a lien for the cost of removal. Currently, the City does not have a big problem with graffiti; however, if there was an issue that needed to be addressed, without this ordinance, we do not have any tools to get graffiti removed. Similar to other code enforcement violations, enforcement would be complaint driven. The proposed ordinance also formalizes maintenance responsibilities for storm water systems. The CITY OF FRIENDSWOOD Chapter 26 Updates Sanitary Nuisances, Graffiti, & Maintenance of Storm Water Systems Council Meeting I July 23, 2020 Graffiti • Reduces property values • Invites vandalism, additional graffiti and other criminal activities • Produces urban blight • Graffiti defined — any unauthorized painting, scratching, writing or inscription, including initials, slogans, symbols or drawings, that has been applied to any wall, building, fence, windows, sign or other structure or surface, which is visible from: (1) any public property, (2) any public right-of-way, or (3) another person's property. Graffiti does not include any of the foregoing that is placed on the property in compliance with any applicable city ordinance, state or federal law. Maintenance of Storm Water Systems • Installation of systems is required per Design Criteria Manual • Requires property owners to maintain storm water systems including detention ponds, drainage easements, outfails and swales. • Includes repair of any drainage structures, repair of side and bottom slopes to maintain engineered topography, repair of nonoperational pumps, flap gates, pipes and associated hardware, reestablishment of lost vegetation, continuous removal of trash and debris, regular mowing of grass, removal of trees and shrubs, extermination of rodent and mosquito populations, and repair of aeration devices. MAY BE VIEWED IN ITS ENTIRETY IN THE CITY SECRETARY'S OFFICE AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 26, ENVIRONMENT, BY REPEALING ARTICLE III. SANITARY NUISANCES, SECTIONS 26- 69 THROUGH 26-73 AND ADOPTING CHAPTER 26, ENVIRONMENT, ARTICLE III. SANITARY NUISANCES, SECTIONS 26-69 THROUGH 26-77; AMENDING THE CODE OF ORDINANCES, CHAPTER 26, ENVIRONMENT, BY ADDING A NEW ARTICLE VIII. GRAFFITI ABATEMENT, SECTIONS 26-293 THROUGH 26-301 AND ADDING A NEW ARTICLE IX. MAINTENANCE OF STORM WATER SYSTEMS, SECTION 26-302; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. I MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD, TEXAS, DO HEREBY CERTIFY THAT ON JULY 29, 2020, PROPOSED ORDINANCE NO. 12020-311 WAS POSTED AT THE CITY HALL, PUBLIC LIBRARY BULLETIN BOARD AND DISTRIBUTED TO MAYOR AND COUNCILMEMBERS AND MADE AVAILABLE TO THE PUBLIC FOR REVIEW. ATTEST: MELINDA WELSH, TRMC CITY SECRETARY DATE: 7/29/20 FIRST READING: 08/03/20 TIME: 2:00 PM SECOND AND FINAL READING: 09/14/20