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HomeMy WebLinkAboutORD 07-028 ORDINANCE NO. 07-028 ENTITLED AN ORDINANCE AMENDING CHAPTER 13, ARTICLE I, SECTIONS 13-2, 13-8, 13-16 AND 13-17, ARTICLE II, SECTIONS 13-34 AND 13-36, ARTICLE III, SECTIONS 13-41 AND 13-43, ARTICLE IV, SUBSECTIONS 13-53(11),13-54(d) AND 13- 58(a)(4), ARTICLE V, SECTION 13-60 AND SUBSECTION 13- 61(i), AND ARTICLE VII, SUBSECTION 13-71(a) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 13, Article I, Section 13-2, be and the same is hereby amended to read as follows: Sec. 13-2. Same--Abatement of conditions generally. The director of health shall abate or cause to be abated all nuisances which may impair or affect the health or comfort of the community or individuals in the community, and shall do all acts and make regulations which may be necessary or expedient, in his opinion, for the promotion of health or the prevention or suppression of disease. The director of health is further empowered and required, whenever any premises, lots or blocks or parts thereof, in this city, whether the same are occupied or not, are in such condition as to constitute a nuisance as defined in this Code, either specifically or generally, or likely to become so, or to seriously affect the comfort of the community, to officially declare the same a nuisance, and shall issue such orders and notices and make such rules and regulations regarding such nuisance as, in his opinion, the public health or sanitary conditions may require, and all persons are required to strictly observe and obey such orders, notices, rules and regulations of such director of health. In order to abate nuisances and remove filth and other substances, the director of health shall have the power, whenever any premises, lots or blocks, whether occupied or not, are in such condition, either from accumulation of substances thereon or from any other cause which is, or is likely to become, detrimental to public health, in violation of this Code after being officially so declared by the director of health, to notify in writing, through the proper officer, owner, agent occupant, tenant or lessee thereof, to abate and remove the same, either by filling up, draining, cleansing, purifying or removing the same, as the case may be. Section 2. That Chapter 13, Article I, Section 13-8, be and the same is hereby amended to read as follows: Sec. 13-8. Discharge from septic tanks, etc.--Overflowing. It shall be unlawful and constitute the creation and/or maintenance of a public nuisance for any person to allow to exist any full or overflowing privy, vault, cesspool, septic tank or other receptacle for filth or sewage upon any premises owned or controlled by such person. All water and sanitary sewer services to any premises must be drained in a manner that does not create an unsanitary or unwholesome condition. Section 3. That Chapter 13, Article I, Section 13-16, be and the same is hereby amended to read as follows: Sec. 13-16. Health fees. The Beaumont Health Department is hereby authorized to charge fees for services in accordance with the following schedule: Activity Amount STDtreatment ..................................................................$10.00 Animal control pound fees (first occurrence).....................$30.00 Animal control pound fees (second occurrence)...............$85.00 Animal control pound fees (third occurrence) .................$105.00 Animal control pound fees (fourth occurrence)...............$150.00 Animal control vaccination fees ........................................$10.00 Animal control boarding fees per day ...............................$12.00 Animal control dead animal removal fee, per trip..............$10.00 (In excess of 2 animals, per head)...........................$3.00 Flushots...........................................................................$20.00 Birth and death certificate fees: (1) Issuing a certified copy of a birth certificate ...........$23.00 (2) Issuing a certified copy of a death certificate ........$21.00 Note: The fee for the first certified copy of a certificate of death is $21.00, and the fee for each additional copy of the same certificate requested at the same time is $3.00. Immunizations per person, per visit....................................$5.00 Kennel Fees: (1) For any kennel, where less that fifteen (15) animals are kept, per year or fraction thereof ........$10.00 (2) For any kennel keeping fifteen (15) to twenty-five (25) animals, inclusive, per year or fraction thereof.......................................................$15.00 (3) For any such kennel keeping over twenty-five (25) animals, per year or faction thereof ...............$25.00 Computer resource charge.................................................$1.83 Search of vital records......................................................$11.00 Expedited service fee .......................................................$10.00 Assistance with applications.............................................$10.00 Medical records and billing search....................................$50.00 Notarized affidavit ..............................................................$5.00 Section 4. That Chapter 13, Article I, Section 13-17, be and the same is hereby amended to read as follows: Sec. 13-17. Waiver of fee. The STD treatment fees established in section 13-16 herein may be waived by the director of the department of health upon proof by the patient that such patient is unable to pay such fee. Such proof may be provided by execution of a sworn statement containing facts sufficient to establish that such patient is unable to pay such fee. Section 5. That Chapter 13, Article II, Section 13-34, be and the same is hereby amended to read as follows: Sec. 13-34. Inspection. It shall be unlawful for the owner, agent, tenant, lessee, the person in charge or occupant of any building, place or premises, or any part thereof in this city to refuse admission to the director of health, or his officers, between the hours of 8:00 a.m. and 5:00 p.m. of any day when such officer has announced his intention to enter such building, place or premises for the purpose of inspecting same to determine the presence of rats or for the purpose of setting or directing the setting of rat traps or placing or directing the placing of rat poison or ascertaining whether the provisions of this article are being complied with; provided, at the time of such entry, such officer shall display a badge or credentials indicating his official capacity or connection with the department of health. Authority is hereby granted to such officer to so enter any such building, place or premises for such purposes. Section 6. That Chapter 13, Article 11, Section 13-36, be and the same is hereby amended to read as follows: Sec. 13-36. Declaration of nuisance. All buildings, structures or parts thereof that are infested with rats are hereby declared to be and are public nuisances, and the director of health and his officers are hereby authorized and empowered to abate the same in the manner provided by law. Section 7. That Chapter 13, Article 111, Section 13-41, be and the same is hereby amended to read as follows: Sec. 13-41. Treatment and protection of water. The methods of treatment and protection of any such collections of water, shall be one or more of the following or any other effective method, approved by the director of health in any particular case: (1) Screening with wire netting of at least sixteen (16) mesh, or any other material which will effectively prevent the ingress or egress of mosquitoes. (2) Complete emptying every seven (7) days of unscreened containers, together with thorough drying and cleaning. (3) Using an approved larvicide applied as directed by the director of health. (4) Cleaning and keeping sufficiently free of vegetable growth and other obstructions, and stocking with mosquito-destroying fish; the absence of half-grown or older larvae shall be evidence of compliance with this measure. (5) Filling or draining in accordance with the directions of the director of health of the city, or his designee. (6) Removal of tin cans, bottles, whole or broken, tin boxes and other like containers. (7) Draining all stagnant water collected in holes, depressions or other excavations, or in any receptacle, standing in and upon any premises, and serving no purpose. Section 8. That Chapter 13, Article III, Section 13-43, be and the same is hereby amended to read as follows: Sec. 13-43. Same--Right of city; assessment of costs. Should the owner of a property in violation of this chapter fail to comply within ten (10) days of the written order of the health director to drain or fill his property, the city may drain or fill the lot or premises, and assess all costs incurred against the property owner. Written orders of the health director may be issued in person, mailed to the owner's address, or published in a newspaper of general circulation in Jefferson County. Should the property owner be unknown, the remediation of the property may be ordered by resolution of the city council with the costs assessed against the property. All notices or orders provided for herein shall be deemed sufficient if sent by U.S. mail, return receipt requested, to the last known address of the occupant, owner, or persons having an interest in the property. Section 9. That Chapter 13, Article IV, Subsection 13-53(11), be and the same is hereby amended to read as follows: Sec. 13-53. Right of the city to cut weeds, assessment of costs. (11) The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under subchapter E, chapter 33, Tax Code. Section 10. That Chapter 13, Article IV, Subsection 13-54(d), be and the same is hereby amended to read as follows: Sec. 13-54. Additional authority to abate dangerous weeds. (d) The City Manager or his designee shall conduct an administrative hearing on the abatement of weeds under this section if the property owner files with the city a written request for a hearing within thirty (30) days of the date of the notice required under this section. Section 11. That Chapter 13, Article IV, Subsection 13-58(a)(4) be and the same is hereby amended to read as follows: Sec. 13-58. Notice. (a) For abatement and removal of a public nuisance from private property, public property or public right-of-way within the city, the city manager or his designee shall send notice to the owner of the junked motor vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right-of-way on which the nuisance exists. The notice shall state the following: (4) That the owner shall request, either in person or in writing, to the city manager or his designee to set a date and time of hearing. Section 12. That Chapter 13, Article V, Section 13-60, be and the same is hereby amended to read as follows: Sec. 13-60. Regulation of storage of certain motor vehicles. The owner of a junk motor vehicle which is exempt from this article by section 13-57(2) shall be required to comply with the licensing and other requirements of this subsection. The word "person", as used herein, shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (1) It shall be unlawful for any person to keep junk motor vehicles which are exempt under section 13-57(2) without first having obtained a license for each such location from the city manager or his designee in accordance with the provisions of this subsection. (2) An applicant for a license under this article shall file with the city manager or his designee a written application provided by city and signed by the applicant. (3) All licenses shall be permanent unless revoked as provided herein. A one-time license fee of ten dollars ($10.00) shall be submitted with the application to city. No fee will be required of an applicant which is exempt from ad valorem taxation as an institution of purely public charity. (4) A license issued hereunder shall be automatically void if the licensee does not operate the licensed business for a continuous period of two (2) years. Section 13. That Chapter 13, Article V, Subsection 13-61(i), be and the same is hereby amended to read as follows: Sec. 13-61. Vehicle storage facility--Issuance of license. (i) The area of the premises where junk motor vehicles exempted under section 13-57(2) are kept which is visible from a public right-of-way and which fronts on a public right-of-way shall be screened with an eight-foot opaque vertical masonry wall or woodboard fence unless there is existing at the time this article is passed, a fence of any type which is made opaque within sixty (60) days of the date of this article. A chain link fence with slats in each link will be considered to be opaque for purposes of this section. Every twenty-five (25) feet along the wall or fence a tree shall be planted and maintained. The trees shall be at least two (2) inches in caliber and six (6) feet in height or greater at planting and shall be within ten (10) feet of the wall or fence. Construction shall be in accordance with the standards as approved by the building official of the city. Such fences and walls shall be maintained in good repair and shall be kept vertical, uniform and structurally sound. No fence shall be required should a one hundred-foot buffer exist between all public rights-of-way and storage of junk so long as the trees required herein are planted, existing and maintained. Section 14. That Chapter 13, Article VII, Subsection 13-71(a), be and the same is hereby amended to read as follows: Sec. 13-71. Responsibility for retrieving litter. (a) A person who owns or occupies property commits an offense if that person allows litter on that person's property. Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 17. 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 Beaumont, Texas. i PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of March, 2007. - Mayor Guy N. Goodson - i aI m I� /00