Ord 42-2011 8/16/2011 ORDINANCE NO. 42-2011
Ordinance Amending Chapter 46 Of The Code Of Ordinances Of
The City Of Wichita Falls, Texas To Amend Article IV Of Said
Chapter, "Weeds, Rubbish And Unsanitary Matter"; Providing For A
Penalty Not To Exceed $2,000 Per Violation; And Providing For
Codification
WHEREAS, the City Council finds that the unchecked growth of vegetation,
debris, trash, rubbish, and other items on private property are unsightly, unsanitary,
harbor rodents, mosquitoes and other pests, and constitute a fire danger; and
WHEREAS, the City Council determines that weeds exceeding 9" in height and
other nuisances as defined herein are a danger to the health and safety of the City's
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Section 46-121 of the Code of Ordinances of the City of Wichita Falls is
amended to read as follows:
Sec. 46-121. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Any and all other objectionable, unsightly or unsanitary matter of whatever
nature means any condition, object, material or other matter that is dangerous or
detrimental to human life or health; that renders the ground, the water, the air or
food a hazard or likely to cause injury to human life or health; that is offensive to
the senses; or that threatens to become detrimental to the public health. The
term includes but is not limited to any abandoned wells, shafts or basements;
abandoned refrigerators; stagnant or unwholesome water; sinks; privies; filth;
carrion; rubbish; junk, trash, debris or refuse; impure or unwholesome matter of
any kind; and any matter, condition or object which is objectionable, unsightly or
unsanitary to a person of ordinary sensitivities.
Large Tract means a lot or parcel of real estate consisting of 7 or more acres.
Lot or parcel of real estate includes, in addition to those grounds within their
respective boundaries, all lots or parcels of ground lying and being adjacent
thereto and extending beyond the property line of any such lot or parcel of real
estate to the curbline of adjacent streets where a curbline has been established,
and any abutting rights-of-way beyond the property line where no curbline has
been established and also to the center of adjacent alleys.
Rubbish means all refuse, tin cans, old vessels of all sorts, useless articles,
discarded clothing and bottles of all sorts, and other nondecayable wastes.
Trash and debris means all manner of refuse, including but not limited to
mounds of dirt, compost, piles of leaves, grass and weed clippings, paper trash,
useless fragments of building material, rubble, household items and appliances,
items of salvage such as scrap metal and wood, barrels, tires, objects that hold
water for an extended time, tree and brush trimmings, and other miscellaneous
wastes or rejected matter.
Tree means a woody plant with a trunk and secondary branches, which has a
trunk-diameter that is greater than one inch.
Undeveloped Tract means any lot or parcel of real estate on which there is not
affixed above-ground structures, such as houses, garages, sheds, or barns..
Vines means a plant with a long stem that grows along the ground or Glimbs a
support SUCh as, but not limited to: Clematis, Climbing Roses, Honey SdGklo Ivy
jasmine, Morning Glory, Trumpet Vines, and Wisteria.
Weeds includes grass or a44 rank or uncultivated vegetable growth or matter that
Vo h.ioh
(1) Has grown to more than nine inches in height;
(2) Creates an unsanitary condition or becomes a breeding place for
mosquitoes, rodents, vermin or other disease-carrying pests
regardless of the height of the growth; or
(3) Endangers property or is liable to catch on fire.
2. Section 46-124 of the Code of Ordinances of the City of Wichita Falls is
amended to read as follows:
Sec. 46-124. Accumulation declared unlawful; public nuisance.
(a) It shall be unlawful for any person who owns or has possession or control
of any lot or parcel of real estate to permit rubbish or any other
objectionable, unsightly and unsanitary matter of whatever nature to exist,
covering or partly covering the surface of any lot or parcel of real estate
within the city so as to produce an unsightly appearance or which may
harbor reptiles or rodents, create a fire hazard or result in unsanitary
conditions. Such a condition is declared to be a public nuisance, the
abatement of which shall be a public necessity.
(b) It shall be unlawful for any person who owns or has possession or control
of any lot or parcel of real estate to permit weeds to grow on the property.
(c) It is an affirmative defense to prosecution pursuant to this section that the
weeds:
(1) consist only of trees, or
(2) are entirely located on a Large Tract or an Undeveloped Tract and
are not within 50 feet of any dedicated public street or the
boundary of said tract.
3. Section 46-126 of the Code of Ordinances of the City of Wichita Falls is
amended to read as follows:
Sec. 46-126. Removal.
All unlawful conditions described in 46-124 are declared to be public nuisances,
the abatement of which shall be a public necessity. It shall be the duty of any
person other than the city, owning or having possession or control of any lot or
parcel of real estate upon which exists an unlawful condition described in 46-
124, to promptly remove or abate such condition, unless said condition consists
solely of:
a trees, or
(b) weeds that are located on a large tract or an undeveloped tract and
are more than 50 feet from a dedicated public street or boundaryof f the
tract.
4. Section 46-127 of the Code of Ordinances of the City of Wichita Falls is
amended to read as follows:
Sec. 46-127. Removal by city; lien on property.
If the owner shall fail or refuse to abate the condition described in this article
within seven days from the date of notice to abate such condition as provided in
section 46-126, the city may cause such condition to be abated. The cost of
work done or improvements made in abating such condition shall, when
performed by private, independent contractors or the city, be the actual cost to
the city plus an administrative fee of $100.00 per lot or parcel. When the work is
done, the city shall compile the cost of such work done or improvements made
and shall charge such costs against the owner of such premises. A certified copy
of such costs shall be filed with the county clerk, and when the copy is filed, the
city shall have a privileged lien upon such lot or parcel of real estate to secure
the expenditures so made, and ten percent interest on the amount from the date
of such payment. 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. This lien is inferior only to tax liens and
liens for street improvements. After the fixing of any such lien and for any such
expenditures and interest, suit may be instituted and recovery and foreclosure
had in the name of the city in any court of competent jurisdiction. In any suit or
action, the statement of charges so made or a certified copy thereof shall be
prima facie proof of the amount expended in any such work or improvements.
5. This ordinance regulates fire safety and public health and sanitation, and shall
be punishable by a penalty of up to $2,000 per violation and as provided by Section 1-
14 of the Wichita Falls Code of Ordinances.
6. The City Council intends the provisions of this ordinance to become a part of
the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may
be renumbered or relettered to accomplish such intention.
PASSED AND APPROVED this the 16th day of August, 2011.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #271187
COUNTY OF WICHITA
ORDINANCE
NO.42-2011
Ordinance Amending
Chapter 46 Of The th
Code Of Ordinances On this 29 day of August 2011 A D...
Of The City Of Wichi-
ta Falls, Texas To personally appeared before me, the undersigned authority
Amend Article IV Of
Said , Chapter, Kathy Salan, Sales Assistant for the Times Publishing
"Weeds, Rubbish And
Unsanitary Matter"; Company of Wichita Falls, publishers of the Wichita Falls
Providing For A Pen-
alty Not To Exceed Times/Record News a newspaper published at Wichita Falls in
$2,000 Per Violation; P Per
And Providing For Wichita County, Texas and upon being Codification , p g duly sworn by me, on
ORDINANCE o;E oath states that the attached advertisement is a true and
Ordinance Amending
Section 14-381 Of The correct copy of advertising published in One (1) issues hereof
Code Of Ordinances
Of The City Of Wichi- on the following date:
to Falls To Require
Shade For Animals
In Addition To Shel-
ters, Providing For A
Penalty Not To Ex-
ceed $Prf
Per August 28 2011
Viola-
tion; Providing For
Codification; and De-
claring an Emergen-
cy and Immediate
Effective Date
Sales Assistant for Times 4blishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
11unw � s '
ONE
�O�Q'(ARY
t C.
%its':ipj ES `.�