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amended, have become outdated and inadequate to address continuing problems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
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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.
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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