HomeMy WebLinkAboutORD 03-025 ORDINANCE NO. 03-025
ENTITLED AN ORDINANCE AMENDING REGULATIONS
CONCERNING LITTER AND LITTERING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 13, Article VII, of the Code of ordinances be and the same is hereby
amended to amend Section 13-69 to read as follows:
Sec. 13-69. Definitions.
When not inconsistent with the context, words used in the present tense shall
include the future; words used in the plural number include the singular number; and the
words used in the singular in the plural number. The word "shall"is always mandatory and
not merely directory.
(a) Container means a sturdy, durable, watertight, reusable receptacle with a
tight-fitting lid designed to prevent exposure or dispersion of its contents by the elements,
or a plastic bag not less than one and one-half (1 '/2) mil thick that has a capacity of not
more than thirty (30) gallons and that is tied or closed securely.
(b) Elements means any man-made or natural force that, with reasonable
foreseeability, could carry litter, trash, garbage, or waste from one place to another and
includes air currents, rain, water currents, and animals.
(c) Litter means any man-made or man-used object, organic or inorganic
material, or solid waste, and specifically includes trash which is not placed in:
(1) A "container" as defined herein; or
(2) An authorized sanitary waste disposal site; or
(3) Another approved area, depository, or vehicle designated for transport or
disposal of litter, trash, garbage, or waste.
(d) Person means any individual,corporation,partnership,organization, business
trust, estate, trust, association, and any other legal entity.
Section 2.
That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the
same is hereby amended to add a new Section 13-71.1 to read as follows:
Sec.13-71.1. Notice to Remove and Authority to Abate.
It shall be the duty of the enforcement officer to notify the owner and/or occupant
of any premises within the city which is in violation of Section 13-70 or 13-71 by:
(a) Written notice issued by hand notice in person to the property owner and/or
occupant or person(s) responsible for improperly disposing of the litter or;
(b) Certified letter issued to the owner as listed on the Jefferson County
Appraisal District Roll and to the occupant stating that the violation must be corrected
within Seven (7) days from the date of issuance of the letter
(c) If the owner and/or the occupant commits another violation of "littering" as
stated in Section 13-70 or 13-71 on the property within twelve months after the date of the
notice,the City may correct the violation at the owners's expense and assess the expense
against the property.
(d) If a violation covered by a notice under Section 13-70 or 13-71 occurs within
a twelve month period after such notice , and the city has not been informed in writing of
a change in ownership, then the city, without further notice may take any action permitted
by Section 13-72
Section 3.
That Chapter 13, Section 13-72(c) of the Code of Ordinances of the City of
Beaumont is hereby amended to read as follows:
Sec. 13-72. Fines and penalties.
(c) In addition to the fines and penalties provided for in this section, if a person
owning or occupying land or property fails to remove litter, trash, garbage or waste from
the property within seven (7) days after notice as provided in Health & Safety Code,
Chapter 342, Subchapter A 342.006, the city is hereby authorized to cause such litter,
trash, garbage, or waste to be removed with the expenses of cleaning and removal to be
payable by the owner or occupant of the property.
Section 4.
That Chapter 13, Section 13-73 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
Sec. 13-73. Assessment of cost; remedy by the city.
The city shall assess to the owner or occupant of the property actual cleaning and
removal expenses, not less than twenty-five dollars, ($25.00), plus an administrative fee
of fifty dollars ($50.00). A statement of expense which includes administration fees,
incurred by the city in the cleaning and removal of any litter,trash, garbage, or waste under
this article shall be mailed to the property owner as shown on the tax roll at the time of
service. The statement of expenses shall, in addition to giving the amount of such
expense, provide the date upon which such work was done, and a description of the lot or
premises upon which such work was done. Payment is due and is considered delinquent
if not received by the city within thirty (30) days. If payment is not made within ninety (90)
days of such delinquency, the city's authorized agent is hereby authorized to add a lien
assessment fee of fifty dollars ($50.00) to the statement of expenses incurred by the city
in the cleaning and removal of any litter, trash, garbage or waste under this section and to
file said statement of expenses as a lien at the county clerk's office of this county against
the premises which are in violation of this article. This statement of expenses shall, in
addition to giving the amount of such expense, provide the date upon which such work was
done and a description of the lot or premises upon which such work was done. The city
shall have a privileged lien upon such lot or real estate upon which such work was done
or improvements made to secure the expenditure so made, in accordance with provisions
of Health & Safety Code, Chapter 342, Subchapter A, Section 342.007, the lien is inferior
only to tax liens and liens for street improvements. Suit may be instituted in the name of
the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall
be prima facie evidence of the amount expended for such work or improvements.
Section 5.
That Chapter 13, Section 13-75(b) of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
Sec. 13-75. Strict enforcement.
(b) In any prosecution for violation of section 13-70 or 13-71, proof that litter
came from a particular vehicle together with proof that the defendant named in the
complaint was, at the time of such offense, the registered owner of such vehicle shall
constitute in evidence a rebuttable presumption that the defendant was the person who
violated section 13-70 or 13-71.
Section 6.
That if any section, subsection, sentence, clause or phrase of this ordinance, orthe
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 7.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
or improvements made to secure the expenditure so made, in accordance with provisions
of Health & Safety Code, Chapter 342, Subchapter A, Section 342.007, the lien is inferior
only to tax liens and liens for street improvements. Suit may be instituted in the name of
the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall
be prima facie evidence of the amount expended for such work or improvements.
Section 5.
That Chapter 13, Section 13-75(b) of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
Sec. 13-75. Strict enforcement.
(b) In any prosecution for violation of section 13-70 or 13-71, proof that litter
came from a particular vehicle together with proof that the defendant named in the
complaint was, at the time of such offense, the registered owner of such vehicle shall
constitute in evidence a rebuttable presumption that the defendant was the person who
violated section 13-70 or 13-71.
Section 6.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 7.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 8.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the25th day of
March, 2003.
- Ma r Evelyn M. Lord -