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HomeMy WebLinkAboutOrd 498-2010 Amending PMC.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 498-2010 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 8, SECTION 1; PROPERTY MAINTENANCE CODE; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations for property maintenance; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part II, Article 8, Section 1 of The Anna City Code of Ordinances ("Anna Code") by changing the property maintenance code concerning violations, abatements, liens, notices, and appeals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment. In accordance with Part II, Article 1, Section 9 of Anna City Code, Part II, Article 8, Section 1 is amended to read as follows: 1.10 Violations (a) Unlawful acts. It shall be unlawful for a Person, firm or corporation to be in conflict with or in violation of any of the provisions of this PMC or to create, allow, or maintain a condition of property that is in violation of any of the provisions of this PMC. (b) Notice of violation. The Code Official shall serve a notice of violation or order in accordance with the applicable notice provision of this PMC. (c) Prosecution of violation. Failing to comply with a notice of violation or order issued under section 1.12 or section 1.22 is a Class C misdemeanor, unishable b a fine not to exceed $1,000. Notwithstandin Ord. 498-2010 Amending PMC.doc 05-25-10 the foregoing, at the sole discretion of the municipal prosecutor, any such failure to comply or other violation of this PMC may be prosecuted as a Class C misdemeanor punishable by a fine not to exceed $500, and if so prosecuted the failure to comply or violation shall be deemed a Strict Liability Offense. A violation of section 1.21 is a Class C misdemeanor punishable by a fine not to exceed $200. Subject to the municipal prosecutor's option to prosecute any violation as a Class C misdemeanor as-a strict liability violation punishable by a fine not to exceed $500, any violation of this PMC-other than failure to comply with a notice of violation or order issued under section 1.12 or 1.22 or a violation of section 1.21-is a Class C misdemeanor punishable by a fine not to exceed $2,000 or the maximum amount otherwise established by law. It is no defense to prosecution for any violation of this PMC that the City or its agents did not adhere to the notice and hearing procedures set forth in this PMC. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (d) Other remedies. If a notice of violation or order issued under this PMC is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or Abate such violation or to require the removal or termination of the unlawful Occupancy of the Structure in violation of the provisions of this PMC or of the order or direction made pursuant thereto. (e) Lien. Any action taken by the authority having jurisdiction on such Premises shall be charged against the real estate upon which the applicable violation or Structure is located and shall be a lien upon such real estate. To obtain a lien against the property, the mayor, municipal health authority, or municipal official deSignated by the mayor must file a statement of expenses with the county clerk of Collin County. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. The lien obtained by the City is security for the expenditures made and interest accruing at the rate of 10% on the amount due from the date of payment by the City. In order to obtain a release of lien from the City. the current property owner shall pay to the City the lien amount plus any accrued interest. all filing fees. and any expenses to be incurred by the City for preparing and filing the release of lien. The lien is inferior only to: (1) tax liens; and (2) liens for street improvements. (f) Subject to the approval by the City Council, the City Attorney may bring a suit for foreclosure in the name of the City to recover the expenditures and interest due. The statement of ex enses or a certified co of the Ord. 498-2010 Amending PMC.doc 2 05-25-10 statement is prima facie proof of the expenses incurred by the City in doing the work or making the improvements. The remedy remedies provided by this section is-are in addition to all other remedies. The City may foreclose a lien on property under this subsection in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code. (g) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action to restrain, correct or Abate a violation, or to prevent illegal Occupancy of a building, Structure or Premises, or to stop an illegal act, conduct, business or utilization of the building, Structure or Premises. 1.11 Notices, Orders and Abatement for Violations that do not Constitute Dangerous Structures or Junked Vehicles (a) Notice to Person responsible. Except in cases where the Code Official determines that a violation of this PMC arises under section 1.12 (Dangerous Structures), 1.21 (Junked Vehicles) or 1.22 (Swimming Pool Enclosures), a Code Official that determines that there has been a violation of this PMC or has grounds to believe that a violation has occurred, shall give notice-in the manner prescribed in Sections 1.11 (b) and 1.11 (c)-to the property owner or Person responsible for the violation and other Persons, if any, as specified in this PMC. In cases involving Dangerous Structures, the notice shall be served and be in the form prescribed by the provisions of section 1.12. (b) Form. The notice prescribed in section 1.11 (a) shall be in accordance with all of the following: (1) be in writing; (2) include a description of the real estate sufficient for identification; (3) include a statement of the violation or violations and why the notice is being issued; (4) inolude a oorrection order allowing a reasonable time to make the repairs and impro'/ements required to bring the Dv.'elling Unit or Structure in oomplianoe with the provisions of this PMC; include a directive that if the violation(s} is not corrected within 10 days, the City may enter the property to abate or otherwise correct the violation; (5) inform the property owner of the right to appeal; 6 include a statement of the Ci 's ri ht to file a lien in accordance with Ord. 498-2010 Amending PMC.doc 3 05-25-10 section 1.10(e); (7) include a statement that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and assess the expense against the property. (c) Method of service. Such notice shall be deemed to be properly served if a copy thereof is given: (1) personally to the owner in writing; (2) by certified regular mail, FetUFR Feceipt Fequested, to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or (3) if personal service cannot be obtained: i. by publication at least once in a newspaper of general circulation in the City; ii. by posting the notice on or near the front door of each building on the property to which the violation relates; or iii. by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (d) If the Code Official mails a notice to a property owner in accordance with this subsection and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered to have been delivered. (e) Penalties. Unless otherwise made compLilsory by state law, penalties for noncompliance with orders and notices shall be as set forth in section 1.10. (f) Abatement by City. If the owner of property in the City does not comply with this PMC by abating the violation or petitioning for appeal within 10 days of notice of a violation, the City may f1-t 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. (1) In the event the violation is abated by the City. an administrative cost of $150 per violation shall be added to total cost of abatement. (2) Where City employees are required to abate a violation (except for abating weeds and tall grass violations), the City's actual costs shall include the administrative cost Ius 25 er hour of each em 10 ee Ord. 498·2010 Amending PMC.doc 4 05-25·10 working on the abatement. The minimum charge shall be one hour per employee. Additional charges shall accrue every quarter hour after one hour. (3) Where City employees are required to abate weeds and tall grass violations, the City's actual cost shall include the administrative cost, plus $50 per lot, plus $0.02 per square foot on lots that exceed 21,780 square feet for every square foot over 21,780. Where the abatement activity exceeds one hour, the actual cost shall include an additional $25 per hour for each employee working on the abatement. Charges shall accrue every quarter hour after one hour. Additional charges for disposing of debris and obstructions and other abatement-associated activities may be assessed. (g) If a violation covered by a notice under this subsection occurs within the one-year period referenced in subsection 1.11 (b )(7), above, and the City has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by in this subsection and assess its expenses in accordance with this PMC. (h) Hearing or appeal. Exeept in eases 'Nhere the Code Offieial determines that a violation of this PMC arises under seetion 1.12 (Dangerous Strustures), 1.21 (Junked Vehieles) or 1.22 (Swimming Pool Enclosures), hearing or appeal proeedures shall be in aeeordanee with sestion 1.16. In eases in\'olving Dangerous Strustures, Junked Vehieles, or S'Nimming Pool Enelosures, hearing or appeal proeedures shall be in aeeordanee with the provisions of sestion 1.12, 1.21 or 1.22, respesti'l8ly. 1.14 Emergency Measures (a) Imminent Danger. When in the opinion of the Code Official, there is Imminent Danger of failure or collapse of a building or Structure which endangers life; or when any Structure or part of a Structure has fallen and life is endangered by the occupation of the Structure; or when there is actual or potential danger to the building Occupants or those in the proximity of any Structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or the operation of defective or dangerous equipment; the Code Official is hereby authorized and empowered to order and require the Occupants to vacate the Premises forthwith. The Code Official shall cause to be posted at each entrance to such Structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any Person to enter such Structure except for the purpose of securing the Structure, making the required repairs, removing the hazardous condition or demolishing the same. Ord. 498-2010 Amending PMC.doc 5 05-25-10 whenever, in the opinion of the Code Official, there is Imminent Danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up closing or securing of openings to render such Structure temporarily safe, the removal of dangerous materials or debris. or the abatement of some other unsafe condition, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency. (c) Closing streets. When necessary for public safety, the Code Official shall temporarily close Structures and close, or order the authority having jurisdiction to close sidewalks, streets, Public ways and places adjacent to unsafe Structures, and prohibit the same from being utilized. (d) Emergency repairs. For the purposes of this subsection, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. (e) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City. V\lhen adjudged appropriate by the City Attorney, The City may file a lien in accordance with the provisions of section 1.10(e) or institute appropriate action against the owner of the Premises where the unsafe Structure or unsafe condition is or was located. or take any other action allowed in law or in equity. for the recovery of such costs. (f) Hearing. Any Person ordered to take emergency measures shall comply with such order forthwith. Any affected Person shall thereafter be afforded a hearing as described in section 1.20(h) of this PMC. 1.16 Reserved Means of Appeal (a) Applioation for appeal. This sestion does not apply to hearing or appeal prooedures in oases in'Jol'.(ing Dangerous Struotures under sestion 1.12 or oases in'/ol'Jing S'Nimming Pools under sestion 1.22. Said prooedures are governed by sestion 1.12 and seolion 1.22 respestively. In all other oases, any Person direotly affeoted by a deoision of the Code Offioial or a notioe or order issued under this PMC shall have the right to appeal to the City Counoil, provided that a written applioation for appeal is filed '."lith in 14 days after the day the deoision, notioe or order \\(as served. l\n applioation for appeal shall be filed 'Nith the City Seoretary and shall be based on a olaim that the true intent of this PMC or the rules legally adopted hereunder have been inoorrestly interpreted, the pro·/isions of this PMC do not fully apply, or the requirements of this PMC are adequately satisfied by other means. Ord. 498-2010 Amending PMC.doc 6 05-25-10 the City Counsil desires, it may refer the appeal to the munisipal sourt for a bensh trial. In sush sases, the desision of the sourt shall be final. (s) Notise of meeting. Exsept in Gases where the City Counsil refers an appeal to the munisipal sourt, the City Counsil shall provide notise of any appeal hearing over 'Nhish it presides in assordanse '.\(ith the Open Meetings Ast, and any sush appeal hearing shall take plase in a publis hearing during an open session of a Counsil meeting. Any appeal hearing before the City Counsil shall ossur 'Nithin 40 days of the City's reseipt of a petition for appeal. (d) Open hearing. All hearings before the City Counsil or the munisipal sourt shall be open to the publis to the extent required by the Open Meetings Am. The appellant, the appellant's representati\(e, the Code Offisial and any Person ' ....hose interests are attested shall be gi\'en an opportunity to be heard. (e) Prosedure. The City Counsil shall adopt and make available to the publis through the City Sesretary prosedures under whish a hearing over whish it presides will be sondusted. The prosedures shall not require somplianse with strist rules of e'Jidense, but shall mandate that only rele'.{ant information be resei\{ed. (f) Board desision. The City Counsil shall modify or reverse the desision of the Code Offisial only by a sonsurring majority vote. (g) Resords and sopies. The desision of the City Counsil shall be resorded in the minutes of the City Counsil meeting. Upon request, sopies shall be furnished to the appellant and to the Code Offisial. The desision by the City Counsil is final. (h) Administration. The Code Offisial shall take immediate astion in assordanse VJith the desision of the City Counsil or the munisipal sourt, as the sase may be. (i) Stays of enforsement. Appeals of notise and orders (other than Imminent Danger notises) shall stay the enforsement of the notise and order until the appeal is heard by the City Counsil or munisipal sourt. 1.20 Nuisances on Exterior Property Areas (a) Sanitation. All Exterior Property and Premises shall be maintained in a clean, safe and sanitary condition. The Occupant shall keep that part of the Exterior Property which such Occupant occupies or controls in a clean and sanitary condition. Nuisances specified in this section and other Nuisances-that do not constitute Dangerous Structures, Junked Vehicles or defective Swimming Pool Enclosures-are prohibited on all external property areas and must be Abated by the property owner or may Abated Ord. 498-2010 Amending PMC.doc 7 05-25-10 by the City in accordance with section 1.11. The City may recover expenses and create and enforce liens as provided for under section 1.10 when it Abates such a Nuisance condition. (b) Grading and drainage. All Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any Structure located thereon, with the exception of Approved retention areas and reservoirs. (c) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. (d) Weeds and tall grass. All Premises and Exterior Property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated 1~owers, gardens or agricultural crops. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation under Section 1 .11, they shall be subject to prosecution in accordance with Section 1.10. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property as provided under Section 1.11. (e) Dangerous weeds. The Code Official may cause to be Abated, without notice, weeds that: (1) have grown higher than 48 inches; and, (2) are an immediate danger to the health, life, or safety of any Person. (f) Notice of Abatement of dangerous weeds. Not later than the 10th day after the date the City Abates weeds under this subsection, the City shall give notice to the property owner in the manner required by Section 1.11. (g) Content of notice. The notice shall contain: (1) an identification, which is not required to be a legal description, of the property; (2) a description of the violations of the PMC that occurred on the property; (3) a statement that the City Abated the weeds; and Ord. 498-2010 Amending PMC.doc 8 05-25-10 (4) an explanation of the property owner's right to request a hearing about the City's Abatement of the weeds. (h) Hearing. The City Council City's Board of Adjustment or municipal court shall conduct a hearing on the Abatement of dangerous weeds under this subsection or on any other Abatement or corrective actions taken under sUbsection 1.14 if, not later than the 30 th day after the date of such Abatement or action, the property owner files with the City Secretary a written request for a hearing. The hearing shall be conducted not later than the 20th day after the date a request for a hearing is filed. The Code Official shall determine whether to bring the hearing before the City's Board of Adjustment or municipal court such that the hearing may take place within said time period. The owner and Code Official or their respective legal representatives may testify or present any witnesses or written information or other relevant evidence relating to the City's Abatement, corrective action! or assessment of expenses related to the alleged violation. The purpose of the hearing shall not include any determination of any related criminal proceeding of the \·..eeds. (i) Expenses. The City may assess expenses and create liens under this subsection as it assesses expenses and creates liens under subsection 1.10. A lien created under this subsection is subject to the same conditions as a lien created under subsection 1.10. 0> Rodent harborage. All Structures and Exterior Property shall be kept free from rodent harborage and Infestation. Where rodents are found, they shall be promptly exterminated by Approved processes which will not be injurious to human health. After Extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. (k) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate Wastes directly upon abutting or adjacent Public or private property or that of another Tenant. (I) Accessory Structures. All accessory Structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. (m)Defacement of property. No Person shall willfully or wantonly damage, mutilate or deface any exterior surface of any Structure or building on any private or Public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an Approved state of maintenance and repair. 1.21 Junked Vehicles Ord. 498-2010 Amending PMC.doc 9 05-25-10 (a) Authority to Abate Junked Vehicle. In accordance with this section and other provisions of this PMC, the Code Official is authorized to Abate and remove from private or Public property or a Public right-of-way a Junked Vehicle or part of a Junked Vehicle as a public Nuisance. The municipal court may issue necessary orders to enforce the provisions of this section. (b) Reconstruction prohibited. Once removed, a Junked Vehicle may not be reconstructed or made operable. (c) Notice to Texas Department of Transportation. Not later than the fifth day after a junk vehicle is removed, the Code Official shall provide notice to the Texas Department of Transportation identifying the vehicle or part of the vehicle. (d) Right of entry. The Code Official has right of entry to inspect as set forth in section 108(d). (e) Removal to another unlawful location. The relocation of a Junked Vehicle that is a public Nuisance to another location in the City or within 5,000 feet of the City's boundaries after a proceeding for the Abatement and removal of the Junked Vehicle has commenced has no effect on the proceeding if the Junked Vehicle constitutes a public Nuisance at the new location. (f) Notice of violation. A notice of violation must provide not less than 10 days' notice of the nature of the Nuisance. The notice must be personally delivered or sent by certified mail, return receipt requested, to: (1) the last known registered owner of the Nuisance; (2) each lien holder of record of the Nuisance; and (3) the owner or Occupant of: i. the property on which the Nuisance is located; or ii. if the Nuisance is located on a public right-of-way, the property adjacent to the right-of-way. If the post office address of the last known registered owner of the Nuisance is unknown, notice may be placed on the Junked Vehicle or, if the owner is located, personally delivered. If notice is returned undelivered, action to Abate the Nuisance shall be continued to a date not earlier than the 11th day after the date of the return. (g) Content of notice. The notice must state that (1) the Nuisance must be Abated and removed not later than the 10th day after the date on which the notice was ersonall delivered or mailed; Ord. 498-2010 Amending PMC-doc 10 05-25-10 and (2) any request for a hearing must be made before that 10 day period expires. (h) Hearing. The Cit}' Counoil City's Board of Adjustment or municipal court shall conduct hearings under the procedures adopted under this subsection. (i) Time for hearing. If a hearing is requested by a Person for whom notice is required under section 1.21 (f), the hearing shall be held not earlier than the 11th day after the date of the service of notice. 0> Purpose of hearing, burden of proof and presumption. The purpose of the hearing is so that the City Counoil OF munioipal oourt ltmay be determined whether the vehicle constitutes a Junked Vehicle. The Person appealing the determination of the Code Official and the Code Official, or their respective legal representatives, shall have an opportunity to be heard and to question witnesses. The Person appealing the determination of the Code Official has the burden of proving that the vehicle is not a Junked Vehicle. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (k) Order to Abate. At the conclusion of the hearing, if the City Counoil OF munioipal oourt oonoludes it is determined that the property in question is a Junked Vehicle, it may issue an order shall be issued requiring removal of the vehicle to a lawful location within 10 days of the day the order is issued. (I) Content of order. The order must state that if the owner does not remove the Junked Vehicle in accordance with the order, the City may cause the vehicle to be removed and any expenses incurred by the City will allow for a lien in the amount of those expenses against the real property on which the Junked Vehicle was located at the time of the violation. If the following information is available at the location of the Nuisance, a resolution or order requiring removal of the Nuisance must include the vehicle's: (1) description; (2) vehicle identification number; (3) license plate number; and (4) current location of the vehicle. (m)Junked Vehicle disposal. A Junked Vehicle, including a part of a Junked Vehicle, may be removed to a scrap Yard, a motor vehicle demolisher, or a suitable site operated by a municipality or county. A municipality or ! Ord. 498-2010 Amending PMC.doc 11 05-25-10 county may operate a disposal site if its governing body determines that commercial disposition of Junked Vehicles is not available or is inadequate. A municipality or county may: (1) finally dispose of a Junked Vehicle or vehicle part; or (2) transfer it to another disposal site if the disposal is scrap or salvage only. (n) Exceptions. Inapplicability of section. Procedures adopted under this section may not apply to a vehicle or vehicle part: (1) that is completely enclosed in a building in a lawful manner and is not visible from the street or other Public or private property; or (2) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or i. that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: maintained in an orderly manner; ii. not a health hazard; and iii. screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 25 th day of May, 2010. Ord. 498-2010 Amending PMC.doc 12 05-25-10 ATTESTED: APPROVED: Green Ord. 498-201 0 Amending PMC.doc 13 05-25-10