Code
of Ordinances
City of Denton, Texas
ARTICLE III. WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER*
DIVISION 1. GENERALLY
Sec. 20-71. 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:
Brush
means scrub vegetation or dense undergrowth.
Carrion
means the dead putrefying flesh of any animal, fowl or fish.
Dump
means to dispose, discharge, place, deposit, throw, leave, sweep,
scatter, unload or toss.
Filth
means any matter in a putrescent state.
Garbage
means any kitchen refuse, foodstuffs or related materials, including
all decayable waste.
Impure
or unwholesome matter means any putrescible or
nonputrescible condition, object or matter which tends, may or could
cause injury, death or disease to human beings.
Junk
means all worn-out, worthless or discarded material including, but not
limited to, any of the following materials, or parts of such materials,
or any combination thereof: new or used iron, steel or nonferrous
metallic scrap, brass or waste materials; used and/or inoperative
household appliances, household electrical or plumbing fixtures, floor
coverings and/or window coverings not currently in use; used lumber,
brick, cement block, wire, tubing and pipe, tubs, drums, barrels,
and/or roofing material not currently in use; air conditioning and
heating equipment not currently in use; used vehicle components and
parts not currently in use; used furniture other than that designed for
outdoor use or that which would normally be considered as antique
furniture; used and/or inoperative residential lawn care equipment and
machinery not currently in use; used pallets, windows or doors not
currently in use; new or used sheet metal, structural steel and/or
chain not currently in use; used and/or inoperable vending machines,
radios and/or televisions not currently in use, and any other type of
used and/or inoperable machinery or equipment not currently in use.
Matter
means that of which any physical object is composed.
Nuisance
means any condition, object, material or matter that is dangerous or
detrimental to human life or health; or that renders the ground, the
water, the air or food a hazard or likely to cause injury to human life
or health; or that is offensive to the senses; or that threatens to
become detrimental to the public health; and shall include, but not be
limited to, any abandoned wells, shafts or basements, abandoned
refrigerators, sinks, privies, filth, carrion, rubbish, junk, trash,
debris or refuse, impure or unwholesome matter of any kind, and
objectionable, unsightly unsanitary matter of whatever nature.
Objectionable,
unsightly or unsanitary matter means
any matter, condition or object which is objectionable, unsightly or
unsanitary to a person of ordinary sensitivities.
Owner
means any person or entity shown as the property owner on the latest
property tax assessment rolls or any person having or claiming to have
any legal or equitable interest in the property, including any agent
who is responsible for managing, leasing or operating the property and
including any tenant.
Property
means all privately owned occupied or unoccupied property, including
vacant land, and/or a building designed or used for residential,
commercial, business, industrial or religious purposes. The term
"property" shall also include a yard, ground, wall, driveway, fence,
porch, steps or other structure appurtenant to the property.
Putrescible
means the decomposition of organic matter with the formation of
foul-smelling, incompletely oxidized products.
Refuse
means a heterogeneous accumulation of worn-out, used, broken, rejected
or worthless materials including, but not limited to, garbage, rubbish,
paper or litter, and other decayable or nondecayable matter.
Rubbish
means junk, trash, debris, rubble, stone, useless fragments of building
materials, and other miscellaneous, useless waste or rejected matter.
Trash
and debris means 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, old tires, objects that hold water for an
extended time, tree and brush trimmings, and other miscellaneous wastes
or rejected matter.
Vegetative
growth means any grass, weeds, shrubs, trees, brush, bushes
or vines.
Weeds
means any vegetation that, because of its height, is objectionable,
unsightly or unsanitary, excluding: shrubs, bushes and trees,
cultivated flowers and cultivated crops.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-72. Weeds and brush over twelve inches high.
(a) It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the corporate limits of the city, to permit weeds, brush, grass
or any objectionable or unsightly matter to grow to a greater height
than twelve (12) inches. All vegetation, not regularly cultivated, and
which exceeds twelve (12) inches in height, shall be presumed to be
objectionable and unsightly matter.
(b) It
shall be unlawful for any owner or occupant of any property within the
city to suffer or permit tree limbs, brush or unsightly vegetation to
grow within one foot of the public street or alley adjacent to that
private property.
(c) It
shall be unlawful for any owner or occupant of any property within the
city to suffer or permit limbs, brush and other vegetation existing
above a public street or alley to hang lower than fifteen (15) vertical
feet (measured at the curbline) above the alley or public street
pavement or seven (7) feet above the sidewalk and other rights-of-way.
(d)
With respect to lots, tracts or parcels of land of five or more acres
and under single ownership, the provisions of this section shall not
apply to any area greater than one hundred (100) feet from any open
public street or thoroughfare, as measured from the right-of-way line
of such street or thoroughfare, and greater than one hundred (100) feet
from any adjacent property under different ownership and on which any
building is located or on which any improvement exists, as measured
from the property line.
(e)
Property designated as and/or required by an ordinance to be maintained
in its natural state shall be exempt from the provisions of this
section.
(f)
Property included as part of a conservation easement shall be exempt
from these provisions.
(g)
Property that is part of a designated floodplain shall be exempt from
these provisions.
(Ord.
No. 2004-353, § 3, 11-2-04; Ord. No. 2007-193, § 8, 9-18-07)
Secs. 20-73--20-90. Reserved.
DIVISION 2. WEEDS, GRASS AND OTHER VEGETATION
Sec.
20-91. Duties of owner/occupant.
(a) It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, as described in section
20-72, to fail to cut and remove all such weeds, brush, vegetative
growth, and other objectionable or unsightly matter as often as may be
necessary to comply with section 20-72.
(b) It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied, or unoccupied,
within the city, to fail to keep the area adjacent to his or her
property line, including the front or side parkway and rear, between
the property line or sidewalk and curb and the rear or side parkway
between the property line and alley pavement or traveled way, or if
there is no curb, then within ten feet outside such property line, free
and clear of the matter referred to in subsection (a) of this section.
Provided, however, that where the alleyway is not open to traffic, that
the parkway in such cases shall be deemed to be between the property
line and the centerline of the alley. Specifically, sidewalks must have
an unobstructed vertical clearance of eight feet and must be
unobstructed within the width of the sidewalk. Road access shall be
unobstructed as outlined in the fire code, as amended.
(c) It
shall be unlawful for any person owning, claiming occupying or having
supervision or control of any such real property, as described in this
section, to fail to maintain all rights-of-way adjacent or next to
their real property in compliance with this section. All vegetative
growth not regularly cultivated crops allowed to grow within the
right-of-way of any public street or easement shall also be kept mowed
in compliance with this section.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-92. Defenses and responsibilities.
It
shall be a defense to prosecution under article III that the vegetation
is any of the following:
(1)
Agricultural crops, except grass and hay, unless subsection (2) stated
below applies;
(2) Hay
that is grown for the specific purpose of cultivation and is a part of
a predominantly homogeneous plant population may be grown to any height
provided it is maintained in compliance with section 20-91(b) and is
located no closer than twenty feet to an adjacent property under
different ownership and on which any building or improvement exists;
(3)
Cultivated trees;
(4)
Cultivated shrubs;
(5)
Flowers or other decorative ornamental plants under cultivation; or
(6)
Wildflowers, but only until such time as seeds have matured following
the final blooming of the majority of the plants.
(Ord.
No. 2004-353, § 3, 11-2-04)
Secs. 20-93--20-110. Reserved.
DIVISION 3. UNSIGHTLY OR UNSANITARY MATTER
Sec.
20-111. Dumping, stagnant water, trash, and other unsightly or
unsanitary matter declared a nuisance.
It is
unlawful and declared a nuisance for any person owning, claiming,
occupying or having supervision or control of any real property,
occupied or unoccupied, within the corporate limits of the city, to
permit or allow any, refuse, rubbish, trash, debris, filth, carrion,
junk, garbage, impure or unwholesome matter of any kind or other
objectionable or unsightly matter of whatever kind to remain upon any
such real property or within any public easement on or across such real
property or upon any adjacent public street or alley right-of-way
between the property line of such real property and where the paved
surface of the street or alley begins or that is visible from another's
property.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-112. Sidewalks, grounds and buildings to be kept clear.
It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the corporate limits of the city:
(1) To
fail to keep the sidewalks in front of their property free and clear of
all refuse, rubbish, trash, debris, filth, carrion, junk, garbage,
impure or unwholesome matter of any kind or other objectionable or
unsightly matter; or
(2) To
fail to cleanse and disinfect any of their houses, of buildings or
establishments or to fail to clean any of their lots, yards or grounds
of refuse, rubbish, trash, debris, filth, carrion, junk, garbage,
impure or unwholesome matter of any kind or other objectionable or
unsightly matter of any kind, or other impure or unwholesome matter of
any kind.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec. 20-113. Dumping.
It shall be unlawful and declared a nuisance for any person to dump, or
permit to be dumped upon any sidewalk, alley, street, into or adjacent
to water, or any other public or private property, any unwholesome
water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage,
impure or unwholesome matter of any kind or other objectionable or
unsightly matter of whatever kind.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-114. Outside storage.
It
shall be unlawful for any person to allow, permit, conduct or maintain
any outside storage, outside of an enclosed structure or fully
concealed behind an opaque screening fence, on any portion of a lot or
tract. The door of the enclosed structure must be manufactured for use
with the structure.
(a)
Prohibited outside storage for this section shall include, but not be
limited to, the following items stored in a manner other than in an
enclosed building or behind an opaque screening fence:
(1)
Building materials to be used on site;
(2)
Supplies, materials or other matter associated with a home occupation;
(3)
Supplies, materials or other matter associated with a nonresidential
activity;
(4)
Chemicals;
(5)
Furniture not designed for outdoor use;
(6)
Appliances not designed for outdoor use;
(7)
Appliances designed for outdoor use but not currently installed;
(8)
Tools, mobile and/or mechanical equipment not connected with a
residential use;
(9)
Lawn maintenance equipment;
(10)
Motor vehicle parts and/or accessories including but not limited to
engines, transmissions, electrical parts, suspension parts, vehicle
body parts, batteries, tires, wheels, hubcaps and other motor vehicle
parts;
(11)
Other items or personal property which are not customarily used or
stored outside or which are not made of a material that is resistant to
damage or deterioration from exposure to the outside environment;
(12)
Barrels, boxes and buckets; or
(13)
Trash, garbage or other refuse.
(b)
Children's play equipment may not be maintained in the front yard
between the front building line and the curb or the street.
(c)
Smokers, barbeque grills or any other type of outdoor cooking equipment
may not be maintained in the front yard between the front building line
and the curb or the street.
(d) No
screening or storage requirements apply to (b) and (c) provided the
items are maintained behind the front building line.
(Ord.
No. 2007-193, § 12, 9-18-07)
Secs. 20-115--20-130. Reserved.
DIVISION 4. ABATEMENT PROCEDURE FOR WEEDS, GRASS, UNSIGHTLY AND UNSANITARY MATTER
Sec.
20-131. Failure of owner to comply with article provisions; issuance of
notice.
If any
person owning, claiming, occupying or having supervision or control of
any real property, occupied or unoccupied, within the corporate limits
of the city, fails to comply with the provisions of this article, it
shall be the duty of the city manager or his duly appointed
representative to give a minimum of seven days' written notice to such
person violating the terms of this article.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-132. Service of notice.
Notice
of the violation may be delivered to the owner or occupant in person,
by notice left at the location, or mailed to the owner's address as
recorded in the appraisal district records of the appraisal district in
which the property is located, and delivered by United States Mail.
If the property is vacant, then the notice will be mailed to the
owner's address as recorded in the appraisal district records of the
appraisal district in which the property is located and delivered by
United States Mail. The property will be reinspected no sooner than
after seven (7) days of the date on the notice. If the property is not
in compliance at this time, citation may be issued.
(Ord. No. 2004-353, § 3, 11-2-04; Ord. No. 2007-193, § 9, 9-18-07)
Sec.
20-133. Contents of notice.
In a
notice provided under this article the city may inform the owner by
regular mail and by posting on the property, or by personally
delivering the notice, 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. If a
violation covered by a notice under this subsection occurs within the
one-year period, and the city has not been informed in writing by the
owner of an ownership change, then the city without notice may take
action permitted and assess expenses as provided by section 20-134.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-134. City may correct violation.
(a) Procedure.
If at least seven (7) days has expired after notice has been given in
accordance with section 20-132 and the owner has failed to correct the
violation, the city may enter upon the property and do the work, or pay
for the work to be done, as necessary to correct the violation. If the
owner commits another violation of the same kind or nature on or before
the first anniversary of the date of a notice of a violation as
required in section 20-131 and the city has not received written
notification by the ownerof an ownership change, the city without
further notice may correct the violation at the owner's expense and
assess the expenses against the property as provided by section 20-134.
(b) Owner
assessed costs. A statement of the costs incurred by the
city in correcting a violation shall be mailed to the property owner.
The costs shall include an administrative fee established by the city
council and on file in the office of the city secretary. The payment
shall be due within thirty (30) days of the date of mailing.
(c) Lien
to secure costs. If the statement is not timely paid, the
city may file a statement with the county clerk of the costs incurred,
including administrative costs. Upon filing the statement, the city
shall have a privileged lien on the land upon which the costs were
incurred, second only to tax liens and liens for street improvements.
The amount of the lien shall include ten (10) percent on the delinquent
amount from the date payment was made by the city. The statement of
expenses or a certified copy of the statement is primafacie proof of
the expenses incurred by the city. To collect the costs, suit may be
instituted and recovery and foreclosure had in the name of the city.
(d) Appeal
of costs imposed. Within fifteen (15) days of the date the
statement of costs is mailed to the owner of the premises, the owner
may appeal the reasonableness of the charges billed for abating the
condition to the city council by filing a written statement with the
city council, stating why the charges are unreasonable. The appeal
shall be submitted to the city council for review within a reasonable
time after filing. If the city council finds the charges unreasonable,
it shall assess the costs as it deems reasonable. The administrative
charge shall not be appealable.
(Ord. No. 2004-353, § 3, 11-2-04)
Sec.
20-135. Additional authority to abate dangerous weeds.
(a) The
city may go upon property and do or cause to be done the work necessary
to obtain compliance with section 20-72 without notice when:
(1)
Weeds have grown higher than forty-eight (48) inches; and
(2) Are
an immediate danger to the health, life, or safety of any person.
(b) No
later than the tenth day after the date the city causes the work to be
done under this section, the city shall give notice to the property
owner in the manner required by section 20-132.
(c) The
notice shall contain:
(1) An
identification, which is not required to be a legal description, of the
property;
(2) A
description of the violations of the article that occurred on the
property;
(3) A
statement that the city abated the weeds;
(4) An
itemized statement of the charges incurred by the city in doing or in
having such work done as necessary to bring the real property into
compliance with section 20-72; and
(5) An
explanation of the property owner's right to request an administrative
hearing about the city's abatement of the weeds.
(d)
Appeal of costs imposed. Within fifteen (15) days of the date the
statement of costs is mailed to the owner of the premises, the owner
may appeal the reasonableness of the charges billed for abating the
condition to the city council by filing a written statement with the
city council, stating why the charges are unreasonable. The appeal
shall be submitted to the city council for review within a reasonable
time after filing. If the city council finds the charges unreasonable,
it shall assess the costs as itdeems reasonable. The administrative
charge shall not be appealable.
(e) The
city may assess expenses and create liens under this section as it
assesses expenses and creates liens as provided in this article.
(Ord.
No. 2004-353, § 3, 11-2-04)
ARTICLE II. RESIDENTIAL COLLECTION SERVICE