HomeMy WebLinkAboutORD 23-006ORDINANCE NO.23-006
ENTITLED AN ORDINANCE DECLARING THE STRUCTURES AT 2332
EVALON, 9310 JOSEY, 1145 GOLIAD, 5375 ROSEMARY, BEAUMONT,
TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE
PROPERTY OWNERS HAVE TEN (10) DAYS TO COMPLY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, according to the City of Beaumont's Code of Ordinances, Chapter
10 Health and Sanitation, Section 10.01.001, a nuisance is defined as whatever is
dangerous to human life or whatever renders the ground, the water, the air or food a
hazard to human health; and,
WHEREAS, a public hearing has been requested for the City Council of the City
of Beaumont to declare the structures listed below to be a public nuisance as a
life/safety hazard that may injure or affect the public health or comfort; and,
WHEREAS, evidence has been presented to the City Council showing that the
structure at 2332 Evalon, is in violation of The City's Code of Ordinances Chapter 12,
Section 12.07.033:
1. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section
10.04.001 and Section 10.04.003; and,
2. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section
10.05.001 collections of water prohibited and Section 10.05.005 Nuisances water
conditions promoting mosquito breeding; and,
3. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002; and,
WHEREAS, evidence has been presented to the City Council showing that the
structure at 9310 Josey, is in violation of The City's Code of Ordinances Chapter 12,
Section 12.07.033:
1. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section
10.04.001 and Section 10.04.003; and,
2. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section
10,05.001 collections of water prohibited and Section 10.05.005 Nuisances water
conditions promoting mosquito breeding; and,
3. Excessive Litter, Chapter 12 Offenses & Nuisances, Article 12.07.002; and,
WHEREAS, evidence has been presented to the City Council showing that the
structure at 1145 Goliad, is in violation of The City's Code of Ordinances Chapter 12,
Section 12.07.033:
1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002; and,
WHEREAS, evidence has been presented to the City Council showing that the
structure at 5375 Rosemary is in violation of The City's Code of Ordinances Chapter 12,
Section 12.07.033:
1. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section
10.04.001 and Section 10.04.003; and;
2 Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002; and,
WHEREAS, the City Council finds that these violations created an eminent
danger to the public health.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the City Council hereby finds that the violations of the City of Beaumont's
Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above
exist and that these violations constitute an eminent condition which may injure or affect
the public health or comfort and, under authority of state law, hereby declares the
structures listed above to be a public nuisance and orders that a certified copy of this
ordinance be delivered to persons responsible of the structures above and that those
persons immediately fix the violations.
Section 2.
THAT if the owners of the structures listed above fail to comply within ten (10)
days, staff is requesting the authorization from City Council to clean the property and/or
authorize the City Attorney to take legal action to abate the nuisances.
Section 3_
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 4_
THAT all ordinances or parts of ordinances in conflict herewith are repealed to
the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
January, 2023.
- Mayor Robin Mouton -