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HomeMy Public PortalAboutOrdinance No. 828-97 12-09-1997 ORDINANCE NO. 8 2 8 - 9 ~ AN ORDINANCE REPEALING CHAPTER 6 "FIDALTH AND SANITATION" OF TIC CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, IN TTS ENTIRETY, AND REPLACING SAID PROVISIONS WITH A NEW CHAPTER 6 "NUISANCES' ; PROVIDING DEFINITIONS OF CERTAIN TERMS; PROVIDING PROCEDURES FOR ABATEMENT OF TALL WEEDS AND GRASS AFTER NOTICE, AND FOR ABATEMENT OF DANGEROUS TALL WEEDS AND GRASS WITHOUT NOTICE; PROVIDING FOR ABATEMENT OF NUISANCES CONCERNING THE ACCUMULATION OF GARBAGE, REFUSE AND RUBBISH ON PROPERTY WITI-IIN THE CITY; PROVIDING FOR REGULATION OF MISCELLANEOUS SANITATION NUISANCES AND LITTERING; PROVIDING A PROCEDURE FOR ABATEMENT OF HEALTH AND SANITATION NUISANCES CONCERNING GARBAGE, REFUSE, RUBBISH AND MISCELLANEOUS ITEMS; PROVIDING FOR THE GIVING OF ONLY ONE NOTICE, PER PROPERTY, PER YEAR FOR THE AFORESAID VIOLATIONS; PROVIDING REGULATIONS FOR ABATEMENT OF JUNKED VEHICLES; PROVIDING A PENALTY OF UP TO $2,000.00 PER DAY FOR VIOLATIONS; PROVIDING REGULATIONS FOR BARRIERS AROUND SWIlVIlI~IING POOLS, SPAS AND HOT TUBS AS AN AMENDMENT TO CHAPTER 3 "BUILDING REGULATIONS" OF THE RICHLAND HILLS CODE OF ORDINANCES; REPEALING CONFLICTING PROVISIONS IN SAID RICHLAND HILLS CODE OF ORDINANCES; REMOVING CERTAIN SECTIONS OF EXISTING CHAPTER 6 AND MOVING SAID SECTIONS, IN THEIR ENTIRETY, TO OTHER CHAPTERS OF THE RICHLAND HILLS CODE OF ORDINANCES; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the provisions of the existing Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, have become outdated and inadequate to address continuing problems within the City with tall weeds, grass and brush violations, and violations concerning accumulation of garbage, rubbish, refuse, standing water and other dangerous, impure and unwholesome material upon property within the City; and WHEREAS, streamlined procedures have been developed to allow for abatement of such unsanitary conditions within the City, which have been incorporated into the new ordinance provisions following hereafter; and WHEREAS, certain other sections of said Chapter 6 should be moved to other chapters for more logical organization of the Code of Ordinances; and WHEREAS, the Richland Hills Code Blitz Committee has worked with City staff for many months to devise new and improved ordinance provisions to address the problems hereinabove referenced; and WHEREAS, the following new ordinance provisions incorporate the changes and recommendations of the Richland Hills Code Blitz Committee and code enforcement office for strengthening and streamlining of said ordinance procedures; and WHEREAS, the City Council of the City of Richland Hills, Texas, after study, now finds and determines that the following ordinance provisions, if enacted, will best serve the health, safety and general welfare of the citizens of the City of Richland Hills, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That SECTIONS 1 "LITTERING", 2 "TALL WEEDS AND GRASS", 3 "OIL AND GAS WELLS, WASTE OIL AND ESCAPING GASSES", 4 "NUISANCE BUSINESSES", and 8 "CLEAN CITY COMMISSION" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby repealed in their entirety. II. That SECTIONS 4 "ABANDONED REFRIGERATORS, ICEBOXES AND OTHER SIMILAR CONTAINERS", 5 "STORING OF JUNK AND WASTE MATTER", 9 "JUNKED VEHICLES" and 10 "MISCELLANEOUS NUISANCES" OF CHAPTER 7 "OFFENSES AND NUISANCES" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby repealed in their entirety. III. A. That Section 5 "GARBAGE COLLECTION" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances of the City of Richland Hills, Texas, as • amended, be hereby removed from said Chapter 6, transferred and added to Chapter 11 "UTILITIES" as a new Section 16 "GARBAGE COLLECTION". B. That Section 6 "GARBAGE COLLECTION RATES" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby removed from said Chapter 6, transferred and added to Chapter 11 "UTILITIES" as a new Section 17 "GARBAGE COLLECTION RATES". C. That Section 7 "FOOD ESTABLISHMENTS" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby removed from said Chapter 6, transferred and added to Chapter 4 "BUSINESS REGULATIONS" as a new Section 13 "FOOD ESTABLISHMENTS". D. That Section 13 "SMOKING IN COUNCIL CHAMBERS" of Chapter 7 "OFFENSES AND NUISANCES" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby repealed. E. That Section 9 "SWIMMING POOLS" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby removed from said Chapter 6, transferred and added to Chapter 3 "BUILDING REGULATIONS" as a new Section 18 "SWIMMING POOLS". F. That Section 10 "SANITATION STANDARDS FOR SWIMMING POOLS AND SPAS" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby removed from said Chapter 6, • transferred and added to Chapter 3, "BUILDING REGULATIONS" as a new Section 19 "SANITATION STANDARDS FOR SWIMMING POOLS AND SPAS". ORDINANCE NO. PAGE G. That Section 11 "SMOKING PROHIBITED IN CITY BUILDINGS AND FACILITIES" of Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby removed from said Chapter 6, transferred and added to Chapter 7 "OFFENSES AND NUISANCES" as a new Section 13 "SMOKING PROHIBITED IN CITY BUILDINGS AND FACILITIES". IV. That there is hereby added to the Code of Ordinances of the City of Richland Hills, Texas, a new Chapter 6 "NUISANCES", which new chapter shall hereafter be and read as follows: • • ORDINANCE NO. PAGE CHAPTER 6 • NUISANCES SECTION 1: DEFINITIONS Approved Surface. Asphalt, pavestone, concrete paving or permanently bordered gravel at least six inches (6") deep, suitable for vehicle parking. Brush. Any low woody vegetation with several branches or decaying remains of veget~~~ ~ City. The City of Richland Hills, Texas. City Manager. The City Manager of the City of Richland Hills or his duly appointed representative. Developed Property. Any property that has been improved by the installation of a building, home or other structural improvements. Garbage. Putrescible animal and vegetable waste materials and /or residue from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. • Litter. Any garbage, refuse or rubbish, as defined herein, and all other waste material which creates a potential danger to public health, safety and welfare if not deposited in an approved receptacle. Occupant. Any person, firm or corporation both public and private, claiming or having possessory control of any property. This shall also include any person ,firm or corporation having jurisdiction within an easement, including railroad rights-of--way and utility easements. Owner. Any person, firm or corporation both public and private, owning, claiming or having possessory control of any property. This shall also include any person, firm or corporation having jurisdiction within an easement, including railroad rights-of--way and utility easements. Person. Any individual, partnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, State, and local governmental entities. Property. All privately owned property, including vacant land or a building designed or used for residential, commercial, business, industrial or religious purposes. The term includes a yard, ground, walk, driveway, fence, porch, steps or other structure appurtenant to the property. Rear Yard. The area of the lot circumscribed by the back lot line, the side lot lines extending to • RICHLAND HILLS, TEXAS CITY CODE imaginary lines perpendicular from the back corners of the residential structure, and the back side of the residential structure. Recreational Equipment. Boats, boat trailers, travel trailers, truck campers, or coaches (designed to be mounted on automotive vehicles) motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. Refuse. All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned or inoperative vehicles, broken furniture, abandoned or inoperative appliances and solid market and industrial wastes. Right-of--way. The unimproved portion of any street, between the roadway and the private property line. Rubbish. Non-putrescible solid waste, excluding ashes, that consists of combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; or noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit). Screening Fence. For purposes of this Chapter, a barrier at least six feet (6') in height and not • exceeding eight feet (8') in height of stone, brick, pierced brick or block, uniformly colored wood or other permanent material which forms a visual barrier of equal character, density and design. Side Yard. The area behind an imaginary line extending perpendicularly from the front corner of the residential structure to the side lot line, extending to an imaginary line perpendicular to the side lot line which touches the back corner of the residential structure closest to the side lot line at which point the "rear yard" begins. Street or Highway. T`he entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purpose of vehicular travel. Trailer. Every vehicle with or without motive power including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. Trash and Debris. All manner of refuse including, but not limited to: mounds of dirt; piles of leaves, grass and weed clippings; paper trash; useless fragments of building material; rubble; furniture other than furniture designed for outside use; useless household items and appliances; items of salvage, such as scrap metal and wood; old barrels; automotive part; part of vehicles; old tires; objects that hold water for an extended time; tree and brush trimmings and other miscellaneous wastes or rejected matter. • RICHLAND HILLS, TEXAS CITY CODE Undeveloped Property. Any property that has not been improved by the installation of a building, • home or other structural improvements. Vector. An animal or insect that transmits adisease-producing organism. Vehicle. Every devise in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 2 : HIGH WEEDS AND GRASS A. High Weeds and Grass Prohibited. (1) Any developed property upon which weeds or grass exceed an average of eight (8) inches in height, is hereby declared to be a nuisance. (2) Any undeveloped property upon which weeds or grass exceed an average of twelve (12) inches in height, is hereby declared to be a nuisance. (3) A person commits an offense if the person owns, occupies, or controls any real developed property upon which weeds or grass exceed an average of eight (8) inches • in height. (4) A person commits an offense if the person owns, occupies, or controls any real developed property and fails to maintain the right-of--way adjacent to the property free of weeds and grass that exceed an average of eight (8) inches in height. (5) A person commits an offense if the person owns, occupies, or controls any real undeveloped property upon which weeds or grass exceed an average of twelve (12) inches in height. (6) A person commits an offense if the person owns, occupies, or controls any real undeveloped property and fails to maintain the right-of--way adjacent to the property free of weeds and grass that exceed an average of twelve (12) inches in height. (7) The provisions of this section apply to real property located within the City of Richland Hills. B. Abatement of High Weeds or Grass. (1) The City Manager is hereby authorized to give notice to the owner of any property upon which high grass and weeds exist to abate the nuisance. • RICHLAND HILLS, TEXAS CITY CODE . (2) If the owner of the property does not comply with an abatement notice issued by the City Manager within ten (10) days after the date the notice is received, the City Manager may: (a) enter the property and do or cause to be done the work required to abate the nuisance; and (b) pay for the work done and charge the expenses to the owner of the property. (3) The notice must be given: (a) personally to the owner in writing; (b) by letter addressed to the owner at the owner's post office address; or (c) if personal service cannot be obtained to the owner's post office address is unknown; I. by publication at least twice within ten (10) consecutive days; 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, if the property contains no buildings. 4. Notice will be deemed to have been received: (a) for personal service, as of the date the notice w•as given personally to the owner; (b) for mailed notice, three (3) days after it was mailed; (c) for notice by publication, on the date that the last notice was published in the official newspaper; or (d) for notice by posting, ten (10) days after notice w-as posted. 5. The City Manager in the notice of a violation may inform the owner by certified mail, return receipt requested, 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 • RICHLAND HILLS, TEXAS CITY CODE correct the violation at the owner's expense and assess the expense against the • property. 6. If a violation covered by a notice under subsection 5 occurs within the one-year period, and the City Manager has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by subsections 2 (a) and (b) and assess its expenses as provided by subsection D. C. Abatement of Weeds or Grass in Excess of 48 Inches. 1. The City Manager may abate, without notice, weeds or grass that: (a) have grown higher than forty-eight (48) inches; and (b) are an immediate danger to the health, life, or safety of any person. 2. Not later than the 10th day after the date the City Manager abates weeds or grass under this section, the City Manager shall give notice to the property owner in the manner required by subsection B. 3. This notice shall contain: • (a) an identification, which is not required to be a legal description, of the property; (b) a description of the violations that occurred on the property; (c) a statement that the City abated the weeds or grass; and (d) an explanation of the property owner's right to request an administrative hearing about the City's abatement of weeds or grass. 4. The City Manager shall conduct an administrative hearing on the abatement of weeds or grass under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the City Manager a written request for a hearing. 5. An administrative hearing conducted under this section shall be conducted not later then the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the City's abatement of the weeds. 6. The City Manager may assess expenses and create liens under this section in • RICHLAND HILLS, TEXAS CITY CODE accordance with subsection D. • D. Assessment of Expenses; Lien. 1. All expenses incurred by the City to abate the high grass or weeds, including an administrative fee of $125.00, shall be paid by the City and charged to the owner of the property. 2. To obtain a lien against the property, the City Manager shall file a statement of expenses with the County Clerk for the county in which the property is located. The lien statement shall 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. 3. The lien shall be security for the expenditures made and interest accruing at the rate of ten (10) percent per annum on The amount due from the date of payment by the City. 4. The lien is inferior only to: (a) tax liens; and • (b) liens for street improvements. E. Issuance of Citation. 1. The provision of notice in subsection B is not a condition precedent to the prosecution of an offense alleged to have occurred under subsection A. Failure to provide the notice specified shall not be a defense to the prosecution of an offense alleged to have occurred under subsection A. SECTION 3: HEALTH AND SANITATION A. Accumulation of Garbase. Refuse and Rubbish. 1. The accumulation of garbage, refuse and rubbish within the city is a fire and health hazard and, as such, is hereby declared to be a nuisance. 2. A person commits an offense if the person accumulates or allows the accumulation on any property of any: (a) Broken, inoperable, or discarded household furnishings, appliances, RICHLAND HILLS, TEXAS CITY CODE machines, tools, boxes and cartons, lawn maintenance equipment, play • equipment, toys, and similar items; (b) Used or discarded building materials; (c) Materials or items stored on rooftops, porches, or under carports of buildings when visible from the public right-of--way or neighboring property; (d) Factory or mill wastes; (e) Damaged merchandise; (f) Wet, broken, or leaking bazrels, casks, or boxes; (g) Used, discarded, or broken automotive parts or equipment; or (h) Any other materials which tend by decay to become putrid or to provide hazborage for rodents and other vectors. B. Miscellaneous Sanitation Nuisances. 1. A person commits an offense if the person owns or is in control of property that • contains a pond, pool or container holding unwholesome, impure, or offensive water that creates an unreasonable and noxious odor in a public place or that is detrimental to the health of humans. 2. A person commits an offense if the person owns or is in control of property which has an overflowing septic tank or has sewage leaking from any pipes onto the premise. 3. A person commits an offense if the person owns or is in control of property that contains a condition or place that is a breeding ground for rats. 4. A person commits an offense if the person owns or is in control of property and accumulates or allows the accumulation of garbage on the property in a manner that creates an unreasonable and noxious odor in a public place, that provides a breeding ground or harborage for vectors, or that is detrimental to the health of humans. 5. A person commits an offense if the person owns or is in control of property and accumulates or allows the accumulation of materials in a composting pile or bin on such property in a manner that; (a) breeds or allows the harborage of vectors; or • RICHLAND HILLS, TEXAS CITY CODE i c': 1h.. (b) creates an unreasonable and noxious odor in a public place. • 6. A person commits an offense if the person owns or is in control of property and accumulates or allows the accumulation of recyclables on such property in a manner that: (a) breeds or allows the harborage of vectors; or (b) creates an unreasonable and noxious odor in a public place. C. Litterine. 1. Every owner, lessee, occupant, or other person in charge of any privately or publicly owned property (be it occupied, unoccupied, vacant, developed or undeveloped),within the city, shall: (a) not allow litter, refuse, or junk to accumulate or be thrown, deposited, or left upon such property, except in a receptacle designed to contain litter in a manner so as not to allow it to be blown, carried, scattered or deposited by wind or animal upon any right-of--way, public property, or private property. • (b) Keep the sidewalk and right-of--way in front of and adjacent to the property, and any alley or right-of--way or behind the property free of litter, refuse, and junk. 2. No person shall throw, deposit, drop, sweep, or place any litter or junk into or on to any privately or publicly owned property, park, sidewalk, street, driveway, right-of- way, or other place which is not a receptacle designed to contain litter in a manner so as not to allow it to be blown, carved, scattered or deposited by wind or animal elsewhere. D. Abatement of Nuisances. (1) The City Manager is hereby authorized to give notice to the owner of any property upon which a nuisance under this Section exists to abate the nuisance. (2) If the owner of the property does not comply with an abatement notice issued by the City Manager within ten (10) days after the date the notice is received, the City Manager may: (a) enter the property and do or cause to be done the work or improvements required to abate the nuisance; and • RICHLAND HILLS, TEXAS CITY CODE (b) pay for the work or improvements done and charge the expenses to the owner • of the property. (3) The notice must be given: (a) personally to the owner in writing; (b) by letter addressed to the owner at the owner's post office address; or (c) if personal service cannot be obtained to the owner's post office address is unknown; I. by publication at least twice within ten (10) consecutive days; 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, if the property contains no buildings. 4. Notice will be deemed to have been received: (a) for personal service, as of the date the notice was given personally to the owner; (b) for mailed notice, three (3) days after it was mailed; (c) for notice by publication, on the date that the last notice was published in the official newspaper; or (d) for notice by posting, ten (10) days after notice was posted. 5. The City Manager in the notice of a violation may inform the owner by certified mail, return receipt requested, 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. 6. If a violation covered by a notice under subsection 5 occurs within the one-year period, and the City Manager has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by RICHLAND HILLS, TEXAS CITY CODE subsections 2 (a) and (b) and assess its expenses as provided by subsection D. • 7. If the nuisance presents an immediate danger to the health, life, or safety of any person or to the environment, the City Manager may, without complying with the notice provisions of this Section or without waiting the ten (10) day period, enter the subject property and: (a) do or cause to be done any work or improvements necessary to abate the nuisance and remediate and restore the environment; and (b) pay for the work or improvements done. E. Assessment of Expenses; Lien. 1. All expenses incurred by the City to abate the nuisance, including an administrative fee of $125.00, shall be paid by the City and charged to the owner of the property. 2. To obtain a lien against the property, the City Manager shall file a statement of expenses with the County Clerk for the county in which the property is located. The lien statement shall 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. 3. The lien shall be security for the expenditures made and interest accruing at the rate often (10) percent per annum on The amount due from the date of payment by the City. 4. The lien is inferior only to: (a) tax liens; and (b) liens for street improvements. F. Issuance of Citation. 1. The provision of notice in subsection D is not a condition precedent to the prosecution of an offense alleged to have occurred under subsection A, B and C. Failure to provide the notice specified shall not be a defense to the prosecution of an offense alleged to have occurred under subsection A, B and C. • RICHLAND HILLS TEXAS CITY CODE SECTION 4: JUNKED VEHICLES • A. Definitions. (1) Junked Vehicles. For the purpose of this section, "junked vehicle" means any motor vehicle as defined in Section 1 of Article 6701d-11, Vernon's Texas Civil Statutes, as amended, which: (a) is inoperative; and (b) either (I) does not have lawfully affixed to it either an unexpired license plate and a valid motor vehicle inspection certificate; or (ii) is wrecked, dismantled, or partially dismantled; or (iii) is discarded; or (iv) remains inoperable for a continuous period of more than fifteen (15) days. (2) Person. Any person, individual, firm, partnership, association, corporation, company, or organization of any kind. (3) Motor Vehicle. A motor vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Texas Revised Civil Statute Annotated). (4) Abandoned Motor Vehicle. A motor vehicle: (a) that is inoperable and more than five (5) years old and left unattended on public property for more than forty eight (48) hours; or (b) that has remained illegally on public property for a period of more than forty eight (48) hours; or (c) that has remained on private property without the consent of the owner or person in control of the property for more than forty eight (48) hours; or (d) that has been left unattended on the right-of--way of a designated county, state, or federal highway for more than forty eight (48) hours. (5) Storage Facility. A garage, parking lot, or any type of facility or establishment for • RICHLAND HILLS, TEXAS CITY CODE the servicing, repairing, storing or parking of motor vehicles. (6) Antique Auto. A passenger car or truck that was manufactured in 1925 or earlier, or a passenger car or truck that is at least thirty five (35) years old. (7) ~ecial Interest Vehicle. A motor vehicle of any age that has not been altered or modified from original manufacturer's specifications, and because of its historic interest, is being preserved by hobbyists. (8) Collector. 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. B. Junked Vehicles Deemed Public Nuisance; Violations; Penalty (1) Any junked vehicle or part thereof on public property, public rights-of--way or private property is hereby declared to be a public nuisance, unless such vehicle or part thereof shall be: (a) stored or parked in a lawful manner where it is not visible form the street or other public or private property. (b) stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard; or (c) an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on his property provided that the vehicles or parts thereof and the outdoor storage areas are maintained in such a manner 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. (2) Any person, firm or corporation which shall fail to abate or remove any public nuisance defined in this section upon the expiration often (10) days from receipt of the notice herein provided for or within the period provided by an order of the Municipal court following hearing as herein provided for shall be deemed guilty of a misdemeanor and ,upon conviction thereof, shall be fined in an amount not to exceed one thousand dollars ($1,000.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. The court, upon determination of guilt of maintaining a public nuisance as defined in this section, shall further order removal and abatement of the public nuisance in the event same shall not have been theretofore abated or removed. • RICHLAND HILLS, TEXAS CITY CODE C. Notices. Public Hearing: Abatement and Removal of Nuisance. • (1) The owner or occupant of the private or public premises whereupon such public nuisance exists or the owner or occupant of the premises adjacent to the public right- of-way whereupon such public nuisance exists shall, within ten (10) days from the date of receipt of the notice hereinafter provided for, abate such nuisance and/or remove such junked vehicle or part thereof from such private or public premises or public rights-of--way. (2) The notice herein provided shall be in writing, shall state the nature of the public nuisance on the private or public premises or on the public right-of--way and shall state that such public nuisance must be removed or abated within ten (10) days from the receipt of such notice. Such notice shall be sent by certified or registered mail with a five (5) day return requested to the owner or the occupant of the private or public premises whereupon such public nuisance exists or, to the owner or occupant of the premises adjacent to the public right-of--way whereupon such public nuisance exists, and also the last known registered owner of the junked vehicle and to any lien holder of record. If any such notice is returned undeliverable by the United States Post Office, action by city officials to abate such nuisance shall be continued to a date not less than ten (10) days from the date of such return. Such notice shall further state that such public nuisance shall be the subject of removal by the City of Richland Hills unless such public nuisance is abated or removed by the addressee within the • ten (10) day period required. Such notice shall further advise the addressee that in the event the City of Richland Hills shall be required to remove a vehicle to abate such nuisance such vehicle may not thereafter be reconstructed or made operable. Such notice shall further advise the addressee that the addressee may request a public hearing prior to the removal of such vehicle or part thereof as a public nuisance by the City of Richland Hills, provided a formal request for such public hearing be made by the addressee within such ten (10) day period provided for in such notice. Such formal request for hearing may, but is not required to, be made on forms supplied by the city. Such hearing shall be a public hearing vefore the Richland Hills Municipal Court for the purpose of determining whether or not such junked vehicle or part therof which is the subject of such notice shall be within the provisions of this section and subject to abatement or removal. Upon hearing, the Court shall issue an order indicating whether or not such junked vehicle or part therof which was the subject of such notice is a public nuisance as defined in this section and, if same be so found, shall order the removal and abatement of such public nuisance. In such event the order requiring the removal or abatement of such nuisance shall include a description of the vehicle number and license number of the vehicle or part thereof, if available from inspection of same at the site of its location. (3) Within five (5) days after the hearing the Court may order the public nuisance abated. If the junked vehicle has not been removed within five (5) days after the order, the RICHLAND HILLS TEXAS CITY CODE Code Enforcement Officer or his designee shall be empowered to remove same. • (4) Within five (5) days after the date of removal of such junked vehicle the Code Enforcement Officer shall deliver to the State Department of Highways and Public Transportation notice identifying the vehicle or part thereof. Any such junked vehicle removed under the provisions of this section shall not thereafter be reconstructed or made operable. D. Administration. This section is to be administered y the code Enforcement Officer, his agents and employees, except that the removal of vehicles or parts thereof from property may be by any other person duly authorized by the Code Enforcement Officer. E. Inspection and Enforcement. The Code enforcement Officer, his agents and employees may enter upon private property for the purposes specified in this section to examine vehicles or parts thereof, obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section. • SECTION 5: RESERVED FOR FUTURE EXPANSION SECTION 6: PENALTY FOR MAINTAINING A NUISANCE Any property owner or occupant who allows or maintains any of the nuisances in this Chapter shall be guilty of a misdemeanor punishable by a fine of not more than two thousand dollars ($2,000.00) per day for each day the violation exists. • RICHLAND HILLS, TEXAS CITY CODE V. • That Chapter 3 "BUILDING REGULATIONS" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new Section 17 "SWIMIVIING POOL BARRIERS", which new section shall hereafter be and read as follows: • • ORDINANCE NO. PAGE CHAPTER 3 BUILDING REGULATIONS SECTION 17: SWIMMING POOLS A. Barriers for Swimming Pools. Spas and Hot Tubs. 1. The provisions of this section apply to the design and construction of barriers for swimming pools located on the premise of any residential occupancy. 2. For the purpose of this section, certain terms, words, and phrases are defined as follows: (a) Aboveground/On-ground Pool see definition of swimming pool. (b) Barrier is a fence, wall, building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. • (c) Grade is the underlying surface such as earth or a walking surface. (d) Hot Tub see definition of swimming pool. (e) In-ground Pool see definition of swimming pool. (f) Spa, Non-portable see definition of swimming pool. (g) Spa, Portable is a nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired). (h) Swimming Pool is any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs, and spas. (g) Swimming Pool, Indoor is a swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure. • RICHLAND HILLS TEXAS CITY CODE (h) Swimming Pool, Outdoor is any swimming pool which is not an indoor pool. • B. Swimming Pool Fence or Enclosure Required. Every person in possession of land within the Corporate Limits of the City, either as owner, purchaser under contract, lessee, tenant, or licensee, upon which is situated a swimming pool by definitions above shall at all times maintain upon the lot or premises on which the swimming pool is located, and completely surrounding the swimming pool, lot or premises, a fence, wall or other solid structure designed to prevent small children from inadvertently wandering into the pool as follows: 1. The top of the barrier shall be at least five feet above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (2") measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the bamer may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (4"). 2. No permanent structures, boxes or other items shall be located adjacent to the barrier • where the top of the box structure or other items is within aforty-eight inch (48") radius of the top of the barrier. 3. Openings in the barrier shall not allow passage of a four inch (4") diameter sphere. 4. Solid barriers which do not have openings, such as masonry, or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 5. Maximum gauge for chain link fence shall be not less than 9 gauge. 6. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than four inches (4"). C. Doors and Gates Access gates shall comply with the requirements of items 1 through 6 above and shall be equipped with one or more of the following types of doors or gates and none other: 1. Agate or door used for general ingress or egress to and from the enclosed area which is not a door of an occupied dwelling, when dwelling structure forms a part of the • RICHLAND HILLS TEXAS CITY CODE enclosure required by this section. Such gate or door shall be equipped with and shall be maintained with self-closing and self-latching devices designed to keep and capable of keeping such door or gate securely closed and latched at all times when not in actual use, and such latching device to be attached no lower than fifty-four inches (54") from the grade level measured at the outside of the gate or door. 2. Agate or door used for general ingress or egress to and from the enclosed area, which is a part of an occupied dwelling which said occupied dwelling forms a part of the enclosure required by this section. Such gate or door need not be equipped with self-closing or self-latching devices. 3. Agate or door, over three (3) feet in width, or not used for general ingress or egress to and from the enclosed area. Such gate or door need not be equipped with self- closing or self-latching devices, provided it is equipped with and maintained with some type of permanent locking device. Provided, however, it shall be unlawful and a violation of this section for any said person to permit such a gate or door to remain open or unlocked while unattended. 4. Drive gates shall not be considered as meeting the requirements of this section and shall not be allowed as part of the required barrier,. D. Temporary Fence. • A temporary fence of at least three (3) feet in height must completely surround a swimming pool while it is under construction and not attended. E. Failure to Maintain Enclosure Unlawful. It shall be unlawful to maintain any swimming pool within the Corporate Limits of the City which is not fenced in accordance with the requirements of this Section. F. Failure to Secure Final Inspection Unlawful. All pools constructed within the Corporate Limits of the City must pass final inspection by the building inspection department within 30 calendar days of approval of deck steel inspection. Failure to pass final inspection within this time frame shall be unlawful and will be grounds for suspension of additional permit issuance for further pool construction. • RICHLAND HILLS, TEXAS CITY CODE ` VI. Penalty Clause. Any person who violates any provision of this ordinance shall be subject to a fine not to exceed $2,000.00 for each offense, and each day such violation continues shall constitute a separate offense. VII. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VIII. Saving Clause. That Chapters 3, 4, 6, 7 and 11 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IX. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 9th day of December 1997, by a vote of 4 ayes, 0 nays, and 0 abstentions. ~~~.eet~~~~ ~pN® APPROVED: ~~a~~ • ..rs ' ' ~ n' , , ~ C. F. Kelley, Mayor ATTEST'r, _ ~ • / O ~ d 1 •~~eee~ee ? ,City Secretary TO FORM AND LEGALITY: P ul F. Wieneskie, City Attorney rhlib289/110797 ORDINANCE NO. PAGE