HomeMy WebLinkAboutPACKET MAR 27 2007 _Z °
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 27, 2007 1:30 P.M.
CONSENT AGENDA
�k Approval of minutes
�k Confirmation of committee appointments
A) Approve a contract for the purchase of lime slurry for the Street Rehabilitation Program
13) Authorize the City Manager to execute a Utility Joint Use Agreement and a Standard
Utility Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company for
the Phelan Boulevard Pavement Widening Project
A
...... City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a contract for the purchase of lime slurry.
RECOMMENDATION
Administration recommends award of a six (6) month contract to Chemical Lime Company of
LaPorte, Texas, for providing lime slurry for $120 per ton with an estimated total contract
expenditure of$36,000.
BACKGROUND
Bids were requested for a six(6)month contract for the purchase and delivery of lime slurry for use
by the Public Works Department, Streets and Drainage Division for the Street Rehabilitation
Program.Lime slurry is a hydrated commercial bulk lime product delivered in tanker trucks used for
road base stabilization. It is mixed in the road base and through chemical reaction helps stabilize
clays and limestone base materials. It is estimated that approximately 300 tons of lime slurry will
be-used during the term of the contract.
Eight (8) vendors were notified with only Chemical Lime Company in LaPorte responding with a
bid of$120 per ton. Specifications requested pricing for job site delivery by the vendor. The bidder
met all product requirements specified.
This is the City's first contract for lime slurry as street construction contractors have primarily
provided this product in the past.
BUDGETARY IMPACT
Funds are available for this expenditure of approximately$36,000 in the Capital Program Fund for
the Street Rehabilitation Program.
RESOLUTION NO.
WHEREAS, bids were received for a contract for the purchase and delivery for lime
slurry for use by the Public Works Department, Streets and Drainage Division, for the
Street Rehabilitation Program; and,
WHEREAS, Chemical Lime Company, LaPorte, Texas, submitted a bid in the unit
amount of $120 per ton for an estimated cost of$36,000 for a six-month contract; and,
WHEREAS, City Council is of the opinion that the bid submitted by Chemical Lime
Company, LaPorte, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Chemical Lime Company, LaPorte, Texas, for a six-
month contract for the purchase and delivery for lime slurry for use by the Public Works
Department, Streets and Drainage Division, for the Street Rehabilitation Program in the
unit amount of $120 per ton for an estimated cost of $36,000 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
ti ..7211
City Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 21, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
execute a Utility Joint Use Agreement and a Standard Utility
Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line
Company for the Phelan Boulevard Pavement Widening Project.
RECOMMENDATION
Administration recommends the City Manager be authorized to execute the above named utility
agreements.
BACKGROUND
The City of Beaumont is widening Phelan Boulevard from Major Drive to Keith Road. This street
improvement will necessitate the adjustment, removal or relocation of facilities owned by
ExxonMobil Oil Corporation and Mobil Pipe Line Company. This agreement allows the City to
monitor the plans, specifications, costs and the implementation of the utility adjustments for
reimbursement purposes.
BUDGETARY IMPACT
The total cost or reimbursement for the adjustment of the facilities will be 100%of the actual costs,
which is the amount owed to the utility companies by the City of Beaumont. Estimated cost for
ExxonMobil Oil Corporation is $40,000. And the estimated cost for Mobil Pipe Line Company is
also $40,000.
\engmobil_exxon_agreement-ib.wpd
21 March 2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Utility Joint Use
Agreement and a Standard Utility Agreement with Exxon Mobil Oil Corporation and Mobil
Pipes Line Company for the Phelan Boulevard Pavement Widening Project. The
agreements are substantially in the forms attached hereto as Exhibits"A,""B,""C,"and"D"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
City of Beaumont/Utility Ioint use Agreement
Page 1 of 2
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS X Jefferson County
Street Name t =LAM J30u -&11AfL f>
COUNTY OF JEFFERSON X Location 1=j? V -I (} �4D
70't EIA5r
COPY
WHEREAS, the City of Beaumont, a municipal corporation, domiciled in Jefferson County,
Texas, hereinafter called the City, proposes to make certain street improvements on that section
of the above indicated street; and
WHEREAS, the ExxonMobil oil Corporation
hereinafter called the Owner,proposes to retain, locate or relocate certain of its facilities and
retain title to any property rights it may have on, along or across, and within or over such limits
of the street right of way as indicated on the plans attached to Standard Utility Agreement as
executed by Owner on the .day of March , 200_7, or on location
sketch!°s attached hereto except as provided.hereinbelow;
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both street and utility
purposes will be made of the area within the street right of way limits as such area is defined and
to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of
ownership of an easement or fee title or otherwise under law has the right to alter, modify or add
to facilities presently located within the area above described or construct additional facilities
therein., such right is hereby retained,provided, however, if existing facilities are to be altered or
modified or new facilities constructed within said area the Owner agrees to notify the City prior
thereto,to furnish necessary sketches showing location, type of construction and methods to be
used for protection of traffic, and if, in the opinion of the City, such alteration, modification or
new construction will injure the street or endanger the traveling public using said street, the City
shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the
protection of the street facility and the traveling public using said street; provided finther,
however, that such regulations shall not extend to the requiring of the placement of intended
overhead lines underground or the routing of any lines outside of the area of joint usage above
described.
In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, either party
hereto may at their own responsibility and risk make necessary emergency repairs, notifying the
EXHIBIT "A"
1, .n17-en,7#7
City of Beaumont(Utility Joint use Agreement
Page 2 of 2
other party hereto of this.action as soon as is practical.
Participation in actual costs incurred by the Owner.for any future adjustment,removal or
relocation of utility facilities required by street construction shall be in accordance with and to
the extent possible under applicable laws of the State of Texas. Except as expressly provided
herein., (1) the Owner's rights of access to the through-traffic roadways and/or ramps shall be
subj ect to the same rules and regulations as
1 to
t� apply the general ublic and 2 the Owner and
p ,
the Ciity, by execution of this agreement, do not waive or relinquish any right which they may
have under the law or Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the City may take
such action as it deems appropriate to compel compliance.
IN WITNESS VYMREOF, the parties hereto have affixed their signatures.
Owner: ExxonMobil Oil Corporation
By: _
Patrick T. Doolan
Title: _ Vice Presiaent
Date:
The City of Beaumont
By:_ COPY
Kyle Hayes
City Manager
Date:
City of Beaumont/Standard Utility Agreement
Page 1 of 2 standard_utility.wpd
STANDARD UTILITY AGREEMENT
County -3 E E r 5 e-.0Q
Street Name 'pR_PLA►� &)ULC- VA RD
From To , 32 rr,I L. S
This Agreement by and between the City of Beaumont, a municipal corporation, domiciled in Jefferson
County, Texas, hereinafter called the City, and ExxonMobil oil Corporation
hereinafter called the Owner, acting by and through
its duly authorized representative, shall be effective on the date of approval and execution by and on behalf
of the City.
WHEREAS,the City has deemed it necessary to make certain street improvements generally described as
follows: County_j CF FE(zS7k Street fJ&L, 4 f3W L t:(/Ar-D located from
C-t riq 1264.6 — EAST-L L-S to-Z,3?
i
and,
WHEREAS, this proposed street improvement will necessitate the adjustment, removal or relocation of
certain facilities of Owner as indicated in the following statement of work: Extend 12" casing pipe
on ExxonMobil Oil Corporation's MR-3 pipeline to accommodate the proposed improvements
to Phelan Boulevard, from Keith Road East 1.32 miles.
COPY
and such work is shown in more detail in Owner's preliminary plans, specifications and c6:st estimates
which are attached hereto and made as part hereof; and,
WHEREAS,the City desires to'implement the adjustment,removal or relocation of Owner's facilities by
entering iato an agreement with said.Owner as soon as possible;
NOW, THEREFORE BE IT AGREED:
The City,subject to the acquisition of such rights or interests as maybe deemed necessary along or across
Owner's interest in land,will pay to Owner the costs incurred in adjusting,removing or relocating Owner's
facilities up to the amount said costs may be eligible for City participation.
The Owner has determined that the method to be used in developing the adjustment,removal or relocation
costs shall be as specified for the method checked and described hereafter:
(1) Actual direct and related indirect costs accumulated in accordance with'a work order
accounting procedure prescribed by the applicable Federal or State regulatory body.
(2) Actual direct and related indirect costs accumulated in accordance with an established
accounting procedure developed by the Owner and approved by the City.
(3) An agreed lump sum of$
as supported by the analysis of
estimated cost attached hereto.
=VU101"r limit
1` .y
' City of Beaumant/Standard Utility Agreement
Page 2 of 2 standard utility.wpd
If costs are developed under procedure(1) or(2) as hereinbefore specified,the City will, upon satisfactory
completiorL of the adjustment,removal or relocation and upon receipt of a detailed final billing prepared in
acceptable form-and manner, make payment in the amount of ninety (90) percent of the eligible costs as
shown in 1he final billing prior to the required audit and after such audit shall make final payment in an
amount so that the total payments will equal the amount found eligible for City reimbursement by the final
audit. ' When requested, the City will make intermediate payments at not less than monthly intervals to
Owner when properly billed and such payments will not exceed eighty(80)percent of the eligible cost as
shown in each such billing. Intermediate payments shall not be construed as final payment for any items
included iri the intermediate payment. If costs are developed under procedure(3) as hereinbefore specified,
the City will,upon satisfactory completion of the adjustment,removal or relocation and upon receipt of a
billing prepared in acceptable form and manner, make payment to Owner in the agreed amount.
Upon execution of this agreement by both parties hereto, the City will, by written notice, authorize the .
Owner to proceed with the necessary removal, adjustment or relocation, and the Owner agrees to prosecute
such work diligently to completion in such manner as will.not result in avoidable interference or delay in
either the City's street construction or in the said work. The Owner will carry out said removal. adjustment
or relocation, accurately record the costs, and retain such records in accordance with applicable rules;
regulations and procedures of the City,and the costs paid.by the City pursuant to this agreement shall be
full compensation to Owner for all costs incurred by Owner in making such adjustment, removal or
relocation. Bills for work hereunder should be submitted to City not later than ninety (90) days after
completions of the work.
In the event it is determined that a substantial change from the statement of work contained in this agreement
is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or
a written change or extra work order approved by the City.
It is expressly understood that this agreement is subject to cancellation by the City at any time up to the date
that work under this agreement has been authorized and that such cancellation will not create any liability
on the part of the City. The Owner by execution of this agreement does not waive any of the rights which
Owner may legally have within the limits of the law.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: ExxonMobil Oil._-Corporation CITY OF BEAUMONT
By. . �e Utility Na
By:
Authorized Signature Kyle Hayes, City Manager
Patr:Lck T. boolari
Title: Vice i dent Date:
Date:
RETURN T0:
City of Beaumont C opy
Ronnie Pullin
P.0.Box 3827
Beaumont,TX 77704
City of Beaumont/Utility Joint use Agreement
Page 1 of'2
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS X Jefferson County
Street Name
COUNTY'OF JEFFERSON X Location F[20rv\ ; .�LrtTl-� P-04,.F,)
70'1si' ) .3Zrnlz•ES
WHEREAS,the City of Beaumont, a municipal corporation, domiciled in Jefferson County,
Texas;hereinafter called the City, proposes to make certain street improvements on that section
of the above indicated street; and
WHEREAS, the mohi.1 pipe Line- iron,
hereinafter called the Owner,proposes to retain, locate or relocate certain of its facilities and
retain title to any property rights it mayhave on, along or across, and within or over such limits
of the street right of way as indicated on the plans attached to Standard Utility Agreement as
executed by Owner on the 'LO day of March 2001_, or on location
sketches attached hereto except as provided hereinbelow;
NOW., THEREFORE, it is hereby mutually agreed that joint usage for both street and utility
purposes will be made of the area within the street right of way limits as such area is defined and
to the extent indicated on the aforementioned plans or sketches, Where Owner by reason of
ownership of an easement or fee title or otherwise under law has the right to alter,,modify or add
to facilities presently located within the area above described or construct additional facilities
therein, such right is hereby retained, provided, however, if existing facilities are to be altered or
modified or new facilities constructed within said area the Owner agrees to notify the City prior
thereto,to furnish necessary sketches showing location, type of construction and methods to be
used for protection of traffic, and if,in the opinion of the City, such alteration, modification or
new construction will injure the street or endanger the traveling public using said street, the City
shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the
protection of the street facility and the traveling public using said street; provided further,
however,that such regulations shall not extend to the requiring of the placement of intended
overhead lines underground or the routing of any lines outside of the area of joint usage above
described.
In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, either party
hereto may at their own responsibility and risk make necessary emergency repairs, notifying the
�7 EXHIBIT "C"
t
City.of B eaumont(Utility Joint use Agreement
Page 2 of 2
other party hereto of this.action as soon as is practical.
Participation in actual costs incurred by the Owner.for any future adjustment,removal or
relocation of utility facilities required by street construction shall be in accordance with and to
the extent possible under applicable laws"of the State of Texas.Except as expressly provided
herein, (1) the Owner's rights of access to the through-traffic roadways and/or ramps shall be
subject to the same rules and regulations as apply to the general public, and(2).the Owner and
the City,by execution of this agreement, do not waive or relinquish any right which they may
have under the law or Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the City may take
such action as it deems appropriate to compel compliance.
IN VYITNESS VVUEREOF,the parties hereto have affixed their signatures.
Owner: MOBIL PIPE LINE COMPANY
By: _
Patrick T. oolan
Title: Vice President
Date:
The City of Beaumont
By:_ Kyle Ha Y es cary
-City Manager
er
Date:
7,*.af BeaumonVStandard Utility Agreement
1 of 2 standard udlity.wpd
STANDARD UTILITY AGREEMENT
County _3LFr-5R`*0Q Street Name PRELAQ SWLC VARD
From _e_Lra� lzob-b - LAST To 1 , 32 MIC.t�S
This Agreement by and between the City of Beaumont, a municipal corporation, domiciled in Jefferson
County, Texas, hereinafter called the City,and Mobil' Pipe-'Line. Company
hereinafter called the Owner, acting by and through
its duly authorized representative, shall be effective on the date of approval and execution by and on behalf
of the City.
WHEREAS,the City has deemed it necessary to make certain street improvements generally described as
follows: County_ CFFER-S2wl Street_P1gC-(-AN 8W�-&�Ae-_D located.from
t I /26 Q D — C-7j ST" to ). 3Z
/V)/L t'S ; and,
WHEREAS, this proposed street improvement will necessitate the adjustment, removal or relocation of
certain facilities of Owner as indicated in the following statement of work: Extend 12". casing pipe
on Mobil Pipe Line Company's MPL-2 pipeline to accommodate the proposed improvements
to..Phelan Boulevard, from Keith Road East 1.32 miles.
y
copy
and such work is shown in more detail in Owner's preliminary plans, specifications and cost estimates
which are-attached hereto and made a part hereof; and,
WHEREAS,the City desires to'implement the adjustment, removal or relocation of Owner's facilities by
entering into an agreement with said.Owner as soon as possible;
NOW, THEREFORE BE IT AGREED:
The City,subject to the acquisition of such rights or interests as may be deemed necessary along or across
Owner's interest in land,will pay to Owner the costs incurred in adjusting,removing or relocating Owner's
facilities up to the amount said costs may be eligible for City participation.
The OwI.eY has detennin.ed that the method to be used in developing the adjustment,removal or relocation
costs shall be as specified for the method checked and described hereafter:
(1) Actual direct and related indirect costs accumulated in accordance with'a work order
accounting procedure prescribed by the applicable Federal or State regulatory body.
(2) Actual direct and related indirect costs accumulated in accordance with an established
accounting procedure developed by the Owner and approved by the City.
Cl (3) An agreed lump sum of$ , as supported by the analysis of
estimated cost attached hereto.
EXHIBIT "D"
oPBeaum�at/Smndard Utility Agreement
2 oft standard uflHty.wpd
Zosts are-developed under procedure(1)or(2) as hereinbefore specified,the City will, upon satisfactory
completion of the adjustment,removal or relocation and upon receipt of a detailed final billing prepared in
accep table.form.and manner, make payment in the amount of ninety (90) percent of the eligible costs as
shown in the final billing prior to the required audit and after such audit shall make final payment in an
amount so that the total payments will equal the amount found eligible for City reimbursement by the final
audit. When requested, the City will make intermediate payments at not less than monthly intervals to
Owner wlien properly billed and such payments will not exceed eighty (80)percent of the eligible cost as
shown in each such billing. Intermediate payments shall not be construed as final payment for any items
included in the intermediate payment. If costs are developed under procedure(3) as hereinbefore specified,
the City will,upon satisfactory completion of the.adjustment,removal or relocation and upon receipt of a
billing prepared in acceptable form and manner,make payment to Owner in the agreed amount.
Upon execution of this agreement by both parties hereto, the City will, by written notice, authorize the .
Owner to proceed with the necessary removal, adjustment or relocation, and the Owner agrees to prosecute_
such work:diligently to completion in such manner as will not result in avoidable interference or delay in
either the City's street construction or in the said work. The Owner will carry out said removal; adjustment
or relocation, accurately record the costs, and retain such records in accordance with applicable rules;
regulations and-procedures of the City, and the costs paid by the City pursuant to this agreement shall be
full compensation to Owner for all costs incurred by Owner in making such adjustment, removal or
relocation. Bills for work hereunder should be submitted to City not later than ninety (90) days after
completion of the work.
In the event it is determined that a substantial change from the statement of work contained in this agreement
is required,reimbursement therefor shall be limited to costs covered by a modification of this agreement or
a written change or extra work order approved by the City.
It is expressly understood that this agreement is subj ect to cancellation by the City at any time up to the date
that work snider this agreement has been authorized and that such cancellation will not create any liability
on the pars:of the City. The Owner by execution of this agreement does not waive any of the rights which
Owner may legally have within the limits of the law.
R-4 WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: Mobil Pipe Line Company CITY OF BEAUMONT
®_ tility Name
By: By:
Authors ed Signature
Patrj.ck T. Dbolan - Kyle Hayes, City Manager
Title: Vice President Date:
Date: 0/off
RETURN TO:
City Beaumont
Ronnie Pullin (00 Py
P.O.Box 3827
Beaumont,TX 77704
UO%W�
l ow-
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 27, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-10/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Chapter 13 of the Code of Ordinances related to health and
sanitation
2. Consider approving a request for a zone change from RM-M(Residential Multiple
Family Dwelling-Medium Density)District to RM-H(Residential Multiple Family
Dwelling-Highest Density)District or more restrictive district on the north side of
Concord, near Judy Lane
3. Consider approving a request for a zone change from NC (Neighborhood
Commercial)District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2)District and a specific use permit to allow a family medical clinic in a
GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 4400
Highland Avenue
4. Consider approving a request for a specific use permit to allow a reception hall in a
GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2750 E.
Lucas
5. Consider approving a request for a specific use permit to allow a skilled nursing
home in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District
on the east side of Major Drive, south of Pevitot
6. Consider approving a request for a specific use permit to allow a non-profit
veterans organization chapter meeting place in an RCR(Residential Conservation
and Revitalization)District at 2115 McFaddin
7. Consider approving a request for a specific use permit to allow an 8 unit loft
apartment building in a CBD (Central Business District)at 527 Forsythe
8. Consider approving a request for a specific use permit to allow a 28 unit apartment
building with 1,500 sq. ft. of commercial space in a CBD (Central Business
District)at 620 Pearl
9. Consider approving a request for a specific use permit to allow a winery in a GC-
MD (General Commercial-Multiple Family Dwelling)District at 6755 Phelan
10. Consider approving a bid for the construction of a building at the Landfill
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
The City of Beaumont v. International Association of Fire Fighters
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
March 27, 2007
GDnsider amending Chapter 13 of the Code of Ordinances related to health and sanitation
City Council Agenda Item
TO: City Council
]FROM: Kyle Hayes, City Manager
]PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 27, 2007
,AGENDA MEMO DATE: March 20, 2007
]REQUESTED ACTION: Council consider amendments to Chapter 13 of the Code of
Ordinances.
;RECOMMENDATION
.Administration recommends approval of the amendments proposed for Chapter 13 of the Code of
Ordinances.
BACKGROUND
At a worksession on January 16, staff discussed the process to be used to update the Code of
Ordinances. In accordance with the process that was put in place,the proposed changes to Chapter
13, related to health and sanitation, were provided to the City Council for review.
Following the plan, Chapter 13 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARYIMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Chapter 13 HEALTH AND SANITATION*
*Cross references: As to inspection by the director of health of premises wherein beer
is sold or dispense, see § 3-9; housing standards, Ch. 14; industrial waste discharge
standards, §28-100 et seq.
Art. I. In General,§§ 13-1--13-29
Art. II. Rat Control,§§ 13-30--13-39
Art. Ill. Mosquito Control,§§ 13-40--13-49
Art. IV. Weed Control, §§13-50--13-55
Art.V. Junked Motor Vehicles,§§ 13-56--13-65
Art.VI. Keep Beaumont Beautiful Commission, §§ 13-66--13-68
Art.VII. Litter Control,§§ 13-69--13-76
ARTICLE I. IN GENERAL
Sec. 13-1. Nuisances generally--Definition.
Whatever is dangerous to human health or welfare, or whatever renders the
ground, the water, the air or food a hazard or an injury to human health, is hereby
declared to be a nuisance.
(Code 1958, §22-1)
Cross references: For provision that unclean animal pens constitute nuisances, see §
5-8; for prohibition against owning a barking dog, see § 5-18.
State law references: As to definition of health nuisances, see VTCS, Art. 4477-1, § 1.
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 city
director of health e#ieeFis 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.
(Code 1958, §22-3)
State law references: For powers of cities in the abatement of nuisances, see VTCS,
Arts. 1175(16), 4436, 4477--1, § 3(b).
Sec. 13-3. Same--Abatement as to business, trade or occupation.
Whenever it shall come to the knowledge of the director of health, by personal
observation or information, that there is carried on any business, trade or occupation that
is or may become a nuisance, affecting or liable to affect the persons residing or
pursuing any occupation in the neighborhood, it shall be his duty to give notice to the
persons creating such nuisance, or to the owner or occupant of the premises, to abate
the same, and if such nuisance is not abated within forty-eight (48) hours after such
notice has been given, the persons to whom it has been given shall be guilty of a
misdemeanor.
(Code 1958, §22-4)
Cross references: Heliports and helistops, § 2 1/4-21 et seq.
Sec. 13-4. Interference with nuisance abatement.
It shall be unlawful for any person to interfere with or attempt to interfere with or
prevent the director of health or anyone acting under his direction or authority from
removing, clearing or abating any nuisance or condition declared unlawful in Chapter 13.
(Ord. No. 85-41, § 1, 4-9-85)
Sec. 13-5. Wells, cisterns; required to be covered.
It shall be unlawful and shall constitute the creation and/or maintenance of a
public nuisance, for any person to permit, on premises owned or occupied by him, any
well, cistern or other excavation to remain open or uncovered, to the danger of others.
(Code 1958, §23-40)
Sec. 13-6. Stagnant or offensive water on private premises.
It shall be unlawful and constitute the creation and/or maintenance of a public
nuisance for any person to keep on any lot or piece of ground within the city any pool or
pond of unwholesome, impure, stagnated or offensive water.
(Code 1958, § 22-2(8))
Cross references: Mosquito control, § 13-40.
Sec. 13-7. Discharge of offensive liquids onto streets, etc.
It shall be unlawful and/or constitute a public nuisance for any person to cast,
drain or throw or cause to be cast, drained, thrown or distributed into any public street or
highway, gutter, alley or other public grounds within the city any kitchen water, water
from exhaust pipes, laundry water, water from service stations and garages, water from
air conditioners or other waste water, slops, swill or liquid filth.
(Code 1958, § 22-2(4))
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.
(Code 1958, §22-2(1))
Sec. 13-9. Same--Pumping contents onto ground.
It shall be unlawful and constitute the creation and/or maintenance of a public
nuisance for any person to allow to be pumped, or the contents of a septic tank of
cesspools to flow, over any premises owned or controlled by him, for fertilizing or other
purposes.
(Code 1958, §22-2(2))
Sec. 13-10. Faulty traps, sinks, etc.
It shall be unlawful and constitute the creation and/or maintenance of a public
nuisance, for any person to allow any imperfect or faulty trap, or any trap in disrepair,
sink or water closet, or any other drainage appliance or fixture to exist within any house
or building owned or controlled by him within the city from which there shall arise any
foul or offensive gas or odors.
(Code 1958, § 22-2(3))
Sec. 13-11. Unsanitary public rest rooms.
It shall be unlawful and constitute the creation and/or maintenance of a public
nuisance for any person to keep or maintain a public rest room in an unsanitary
condition.
(Code 1958, §22-2(12))
Sec. 13-12. Noises--Declaration of findings.
(a) The making, creation or maintenance of such loud, unnecessary, unnatural or
unusual noises which are prolonged, unusual and unnatural in their time, place
and use, affect and are a detriment to public health, comfort, convenience,
safety, welfare and prosperity of the residents of the city; and
(b) The necessity in the public interest for the provisions and prohibitions hereinafter
contained and enacted, is declared as a matter of legislative determination and
public policy, and it is further declared that the provisions and prohibitions
contained in sections 13-13 and 13-14 are in pursuance of and for the purpose of
securing and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the city and its inhabitants.
(Code 1958, §22-5)
Cross references: Heliports and helistops, § 2 1/2-21 et seq.
Sec. 13-13. Same--Causing prohibited.
It shall be unlawful and constitute the creation and/or maintenance of a public
nuisance, for any person to make, continue or cause to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others, within the limits of the
city.
(Code 1958, §22-6)
Sec. 13-14. Same--Acts or conditions prohibited.
The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this Code, but said enumeration shall not be deemed
to be exclusive, namely:
(1) Horns, signaling devices. The sounding of any horn or signaling device of
any automobile, motorcycle or other vehicle on any street or public place
of the city, except as a danger warning; the creation by means of any
such signaling device of any unreasonably loud or harsh sound; and the
sounding of any such device for an unnecessary and unreasonable
period of time. The use of any signaling device except one operated by
hand or electricity; the use of any horn, whistle or other device operated
by engine exhaust; and the use of any such signaling device when traffic
is, for any reason, held up.
(2) Radios, phonographs and other sound-producing devices. The using,
operating or permitting to be played, used or operated any radio or
television receiving set, musical instrument, phonograph or other machine
or device for the producing or reproducing of sound in such manner as to
disturb the peace, quiet and comfort of the neighboring inhabitants or at
any time with louder volume than is necessary for convenient hearing for
the persons who are in the room, vehicle or chamber in which such
machine or device is operated and who are voluntary listeners thereto.
The operation of any such set, instrument, phonograph, machine or
device in such manner as to be plainly audible at a distance of fifty (50) or
more feet from the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this section. For the sound to be
"plainly audible," words or phrases need not be distinguishable and bass
reverberations are sufficient.
(3) Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio or television
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing of
sound which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building or
structure.
(4) Yelling, shouting and other such vocal noises. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office, or in any dwelling,
hotel or other type of residence, or of any persons in the vicinity.
(5) Animals and birds. The keeping of any animal or bird which by causing
frequent or long-continued noise shall disturb the comfort or repose of
persons in the vicinity.
(6) Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler except to give notice of the time
to begin or stop work or as a warning of fire or danger, or upon request of
proper city authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor vehicle
except through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(8) Defect in vehicle or load. The use of any automobile, motorcycle or
vehicle so out of repair, or loaded in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
(9) Loading, unloading, opening boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(10) Construction or repairing of buildings. The erection (including excavating),
demolition, alteration or repair of any building other than between the
hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent
necessity in the interest of public health and safety, and then only with a
permit from the building official, which permit may be granted for a period
not to exceed three (3) days or less while the emergency continues and
which permit may be renewed for periods of three (3) days or less while
the emergency continues.
If the building official should determine that the public health and safety
will not be impaired by the erection, demolition, alteration or repair of any
building or the excavation of streets and highways within the hours of
6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or
inconvenience would result to any party in interest, he may grant
permission for such work to be done within the hours of 6:00 p.m. and
7:00 a.m., upon application being made at the time the permit for the work
is awarded or during the progress of the work.
(11) In the vicinity of schools, courts, churches, hospitals. The creation of any
excessive noise on any street adjacent to any school, institution of
learning, church or court while the same is in use, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospital,
provided conspicuous signs are displayed in such streets indicating that
the same is a school, hospital or court street.
(12) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturb the peace and quiet of the neighborhood.
(13) Drums. The use of any drum or other instrument or device for the purpose
of attracting attention by creation of a noise to any performance, show or
sale.
(14) Metal rails, pillars and columns, transportation thereof. The transportation
of rails, pillars or columns of iron, steel or other material, over and along
streets and other public places upon carts, drays, cars, trucks or in any
other manner so loaded as to cause loud noises or as to disturb the
peace and quiet of persons in the vicinity of or on such streets or other
public places.
(15) Pile drivers, hammers and other such appliances. The operation between
the hours of 10:00 p.m. and 7:00 a.m., or any time on Sundays, of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or unusual
noise.
(16) Blowers. The operation of any noise-creating blower or power fan or any
internal-combustion engine, the operation of which causes noise due to
the explosion of operating gases or fluids, unless the noise from such
blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
(Code 1958, §22-7; Ord. No. 94-32, § 1, 6-21-94)
Cross references: Noisy animals prohibited, § 5-6; barking dogs, § 5-18.
Sec. 13-15. Reserved.
Editor's note: Ord. No. 03-023, § 1, adopted March 25, 2003, repealed section 13-15
in its entirety. Former section 13-15 pertained to junked motor vehicles and derived from
the Code of 1958, § 37-115.2; Ord. No. 80-45, § 1, adopted May 6, 1980; Ord. No. 83-
33, §§ 1--3, adopted April 5, 1983; Ord. No. 84-143, § 1, adopted Oct. 23, 1984; Ord.
No. 85-83, § 1, adopted Aug. 13, 1985; Ord. No. 86-02, § 1, adopted Jan. 14, 1986; Ord.
No. 89-42, § 1, adopted July 18, 1989.
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
STD treatment . . . $10.00
X rays . . . N/A
DupliGate health W.0
. .
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
Flu shots . . . a.�920.00
Wellness S.Apxffintw; to h, R9RtqRR
HIV n-eartifin-atioR . . . NA
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 . . . 3-.995.00
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
(Ord. No. 77-53, § 2, 5-17-77; Ord. No. 84-130, § 1, 10-2-84; Ord. No. 85-06, § 1, 1-15-
84; Ord. No. 85-103, § 1, 10-1-85; Ord. No. 86-86, § 1, 8-12-86; Ord. No. 87-13, § 2, 3-
10-87; Ord. No. 87-62, § 1, 8-4-87; Ord. No. 91-38, § 1, 4-30-91; Ord. No. 91-88, § 1,
11-12-91; Ord. No. 91-93, § 1, 10-22-91; Ord. No. 00-05, § 2, 1-4-00; Ord. No. 00-94, §
1, 11-21-00; Ord. No. 01-057, § 1, 7-31-01; Ord. No. 03-052, § 1, 7-15-03; Ord. No. 05-
091, § 1, 12-13-05)
Sec. 13-17. Waiver of fee.
The STD treatment fees 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.
(Ord. No. 84-130, § 2, 10-2-84; Ord. No. 87-13, § 2, 3-10-87)
Secs. 13-18--13-29. Reserved.
ARTICLE 11. RAT CONTROL*
*Cross references: Rodent control provisions under minimum housing code, §§ 14-
16, 14-17.
Sec. 13-30. Ratproofing required.
Every building or structure now constructed or hereafter constructed in the city
shall be constructed and maintained in a ratproof condition so as to prevent the entry of
rats into and upon the premises. All buildings and structures, lots and premises, shall be
continuously kept by the owner, agent, tenant, lessee, person in charge or the occupant
thereof, in a clean, sanitary condition and free from rats.
(Code 1958, § 16-11)
Sec. 13-31. Protection of goods required.
All food products or other products, goods, wares and merchandise, likely to
attract or to become infested with or infected by rats, whether kept for sale or for any
other purpose, shall be so protected as to prevent rats from gaining access thereto or
coming in contact therewith.
(Code 1958, § 16-12)
Sec. 13-32. Reserved.
Editor's note: Ord. No. 80-39, § 1, enacted April 22, 1980, amended the Code by
providing for the repeal of § 13-32 which pertained to accumulation of rubbish and was
derived from Code 1958, §§ 16-13, 22-2(11). Provisions relative to trash control are set
out in Ch. 13, Art. V.
Sec. 13-33. Stacking and elevating materials.
It shall be unlawful for any person who owns or occupies any lot or premises to
suffer or permit lumber, boxes, barrels, loose iron or other material that may become a
harborage for rats to accumulate or remain on such lot or premises owned or occupied
by such person, unless the lumber, boxes, barrels, loose iron or other material described
above shall be placed on supports neatly stacked and elevated at least two (2) feet from
the ground, with a clear intervening space between to prevent the harborage of rats.
(Code 1958, § 16-14)
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 depafiesofficers, between the hours of 8:00
a.m. and 5:00 p.m. of any day when such officer 9F deputy 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.
(Code 1958, § 16-14)
Sec. 13-35. Removal of trap or poison prohibited.
It shall be unlawful for any person to destroy, tamper with, remove or change the
location of any traps or poison placed by or under the direction of the director of health,
or any of their deputies.
(Code 1958, § 16-16)
Sec. 13-36. Declaration of nuisance.
All buildings, structures or parts thereof that are infested with rats are hereby
Ideclared to be and are public nuisances, and the director of health and his deputies
officers are hereby authorized and empowered to abate the same in the manner
provided by law.
(Code 1958, § 16-17)
Secs. 13-37--13-39. Reserved.
ARTICLE III. MOSQUITO CONTROL*
*Cross references: Insect control under minimum housing code, § 14-17.
Sec. 13-40. Collection of water prohibited.
It shall be unlawful for the owner or occupant, or the agent of any nonresident or
absent owner or occupant, of any lot or premises within the city to cause, suffer or permit
the accumulation or collection of any stagnant or flowing water in which mosquitoes
breed or which may become a breeding place for mosquitoes, or any other accumulation
of stagnant waters except when treated or protected as hereinafter provided. The
collection of water to which the provisions of this section shall apply are those which are
at any time contained in ditches, ponds, pools, holes, depressions or other excavations,
cesspools, privy vaults, fountains, basements, cisterns, tanks, shallow wells, barrels,
troughs, tubs, buckets and all similar containers, house roof gutters, defective flush toilet
tanks, and all places where water collects and remains stagnant.
(Code 1958, § 16-18)
Cross references: Stagnant water, etc., declared to be nuisance, § 13-6.
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) GGVeFiR9 GGFRPI9t9lY th9 t9f the Wahw With keFe6eRe, pe#eleum or
paFa#iR Gil one time eveFy r-,even (7) days.
(5) 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.
(65) Filling or draining in accordance with the directions of the director of
health of the city, or his duly awtheFized FePF96GRtativ Aesignee.
(76) Removal of tin cans, bottles, whole or broken, tin boxes and other like
containers.
(97) 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.
(Code 1958, § 16-19)
Sec. 13-42. Filling excavations and depressions--Required.
All excavations and depressions, natural or artificial, existing upon any blocks,
lots or premises of any character, whether occupied or unoccupied, must be filled with
dirt or some other suitable substance, and all such premises, vacant lots, blocks or
fractional parts thereof must be filled to even grade with surrounding property or
premises, and drained by means of ditches, drains or culverts leading to the street
where same is paved or to gutter or ditch where unpaved.
(Code 1958, § 16-20)
Cross references: Covering wells, cisterns, etc., § 13-5.
Sec. 13-43. Same--Right of city; assessment of costs.
R9t*Ge by PUIDIOGatien as many as two (2) times within ten (10) Genser'Utive days in any
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.
Sec. 13-44. Obstructing ditches.
It shall be unlawful for any person to throw or deposit in any ditch in the city
anything that will in any way obstruct the free flow of water through the same.
(Code 1958, § 16-21)
Sec. 13-45. Nuisance water conditions promoting mosquito breeding.
Any accumulation or collection of water in which mosquitoes may breed is
dangerous to life and health and is hereby declared to constitute a public health
nuisance. Immediate abatement of such public health nuisances is necessary to prevent
the breeding and proliferation of infectious mosquitoes. The health director of the city or
his/her designee is hereby empowered to immediately abate, without prior notice, any
such public health nuisance, provided that notice thereof is given within seven (7) days
thereafter to the owner, occupant or agent of any nonresident where such public health
nuisance was found.
(Ord. No. 02-070, § 1, 9-17-02)
Secs. 13-46--13-49. Reserved.
ARTICLE IV. WEED CONTROL*
*Editor's note: Ord. No. 84-40, § 1, adopted Mar. 13, 1984, amended the Code by
adding a new Art. IV, weed control, §§ 13-50--13-53, to read as herein set out. Formerly,
Art. IV, §§ 13-50--13-55 had pertained to the same subject matter and was derived from
the 1958 Code, §§ 12A-12--12A-17.
Cross references: Obstructing driver's view, § 26-6.
Sec. 13-50. Permitting growth of weeds on lots or premises.
(a) It shall be unlawful and constitute an offense and creation and maintenance of a
public nuisance for any person, firm, or corporation who shall own or occupy any
lot or premises to suffer or permit weeds, grass or uncultivated plants other than
trees to grow upon such lot or premises within one hundred (100) feet of the
property line of developed property to a greater height than twelve (12) inches on
an average.
(b) It shall be unlawful and constitute an offense and creation and maintenance of a
public nuisance for any person firm or corporation who shall own or occupy any
lot or premises to suffer or permit weeds, grass or uncultivated plants other than
trees to grow to a greater height than twelve (12) inches on that portion of right-
of-way which abuts such lot or premises between the centerline of such right-of-
way and the property line of such lot or premises. Except, however, rights-of-way
meeting any of the following definitions shall not be the responsibility of the
abutting owner or occupants.
(1) Ditches exceeding a depth of four (4) feet as determined by the city
manager or his designee;
(2) Rights-of-way which governmental entities other than the city have a
contractual obligation to maintain;
(3) Major arterial streets as determined by the city manager or his designee;
(4) Unpaved dedicated street rights-of-way;
(5) Street medians;
(6) Property owner in fee by the city.
(c) If it be shown that a person, firm, or corporation has violated this section, the
defendant, upon conviction, shall be punished by a fine of not less than one
hundred dollars ($100.00) nor more than the maximum fine of five hundred
dollars ($500.00) prescribed by section 1-8 of this Code for each offense. Section
1-8 states that it shall be unlawful for any person to violate or fail to comply with
any provision of this Code. Where no specific penalty is provided therefor, the
violation of any provision of this Code shall be punished by a fine.
(d) Upon a second conviction for a violation on the same property, the defendant
shall be punished by a fine of not less than two hundred dollars ($200.00) nor
more than the maximum fine prescribed by section 1-8 of this Code for each
offense.
(e) In addition to the fines and penalties provided for in this section, if a person, firm,
or corporation owning any lot or premises in violation of this section fails or
refuses, after notice, to cut such weeds, grass or uncultivated plants, the
designated enforcement officer may cause such weeds, grass or uncultivated
plants to be cut in accordance with section 13-53 of this article.
(f) In any prosecution charging a violation of this section, proof that the person
whose name is listed on the tax rolls of the city as being the owner of the lot or
premises found to be in violation shall constitute in evidence a prima facie
presumption that such person is the owner of such lot or premises; provided,
however, that such presumption may be rebutted by the person charged with
violating this section with evidence to the contrary; and provided further than the
presumption established herein shall have the evidentiary consequences
enumerated in Chapter 2 of the Texas Penal Code.
(Ord. No. 84-40, § 1, 3-13-84; Ord. No. 92-48, § 1, 6-30-92; Ord. No. 03-024, § 1, 3-25-
03)
Sec. 13-51. Enforcement and notice.
(a) The designated enforcement officer shall enforce the terms and conditions of this
article.
(b) If the owner commits another violation by allowing weeds, grass or uncultivated
plants to exist on the property in violation of this article, within twelve (12) months
after the date of the notice provided for herein, the city without further notice may
correct the violation at the owner's expense and assess the expense against the
property.
(c) If a violation covered by a notice under this subsection occurs within a 12-month
period, and the city has not been informed in writing by the owner of a change in
ownership then the city without notice may take any action permitted by section
13-52.
(Ord. No. 84-40, § 1, 3-13-84; Ord. No. 92-48, § 1, 6-30-92; Ord. No. 03-024, § 2, 3-25-
03)
Sec. 13-52. Notice to remove.
(a) It shall be the duty of the enforcement officer to notify the owner and/or agent of
any premises within the city not dedicated to an agricultural use which is in
violation of section 13-50 to remove such weeds within seven (7) days after such
notice shall be made as provided in this article.
(b) If the owner of property does not bring the property into compliance with this
article within seven (7) days after notice of a violation, the city may do the work or
make the improvements required, pay for the work done or improvements made
and charge the expenses to the owner of the property.
(c) The notice required under this section shall be in writing and may be served on
the owner or agent by;
(1) Handing it to him or her in person;
(2) By certified mail addressed to the owner at the owner's address as
recorded in the county appraisal district records; or
(3) If personal service cannot be obtained, by publication at least once in the
city's greatest circulated newspaper.
(d) If the city mails a notice to a property owner in accordance with this section, and
the United States Postal Service returns the notice as "refused" or "unclaimed",
the validity of the notice is not affected, and the notice is considered as delivered.
(Ord. No. 84-40, § 1, 3-13-84; Ord. No. 92-48, § 1, 6-30-92; Ord. No. 03-024, § 3, 3-25-
03)
Sec. 13-53. Right of the city to cut weeds, assessment of costs.
Should the owner of any lot or premises upon which weeds, grass, or
uncultivated plants have been permitted to grow in violation of this article fail or refuse to
cut or remove such weeds, grass or uncultivated plants within seven (7) days after
notice, as provided in section 13-52;
(1) The enforcement officer is hereby authorized to cause such weeds, grass
or uncultivated plants to be cut and removed at the expense of the city,
and to assess the expenses thereof to the owner, as shown on the tax roll
of the real estate or lot upon which such expense is incurred.
(2) The fee for cutting shall be billed to the owner of the premises at the rate
of one cent ($.01) per square foot, not less than twenty-five dollars
($25.00) plus an administrative fee of fifty dollars ($50.00) to cover all
administrative costs.
(3) A statement of expenses which includes administrative fees incurred by
the city for the cutting and removal of weeds, grass or uncultivated plants
cut in accordance with this section shall be mailed to the property owner
shown on the tax roll at the time of service. The statement of expenses
shall, in addition to stating 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.
(4) Payment is due and is considered delinquent if not received within thirty
(30) days of the date on the statement of account from the city.
(5) 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 cutting and removal of weeds, grass or uncultivated plants under
this section and to file said statement of expenses as a lien at the county
clerk's office against the premises which are in violation of this article.
(6) The lien obtained by the city is security for the expenditures made and
interest shall accrue at the rate of ten (10) percent annually on the unpaid
balance due from the date of payment by the city.
(7) 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 provision of Health and Safety
Code, section 342.007, which lien shall be second only to tax liens and
liens for street improvements.
(8) The city may bring a suit for foreclosure in the name of the city to recover
the expenditures and interest due.
(9) The statement of expenses or a certified copy of the statement is prima
facie proof of the expenses incurred by the city in doing the work or
making the improvements and of proper notices as required by this
article.
(10) The remedy provided by this section is in addition to the remedy provided
by section 342.005 of the Health and Safety Code.
(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, 3233, Tax Code.
(Ord. No. 84-40, § 1, 3-13-84; Ord. No. 86-104, § 1, 10-7-86; Ord. No. 92-48, § 1, 6-30-
92; Ord. No. 00-31, § 1, 3-28-00; Ord. No. 03-024, § 4, 3-25-03)
Sec. 13-54. Additional authority to abate dangerous weeds.
(a) The city may abate, without notice, weeds that have grown higher than forty-eight
(48) inches and are an immediate danger to the health, life, or safety of any
person.
(b) Not later than the 10th day after the date the city abates weeds under this
section, the city shall give notice to the property owner in the manner required by
section 342.006 of the Health and Safety Code.
(c) The notice shall contain:
(1) Identification, which is not required to be a legal description, of the
property;
(2) A description of the violations of the ordinance that occurred on the
property;
(3) A statement that the city abated the weeds; and
(4) An explanation of the property owner's right to request an administrative
hearing related to the city's abatement of the weeds.
(d) The ity 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.
(e) An administrative hearing conducted under this section shall be conducted not
later than the 20th day after the date a request for a hearing is filed. The owner
may testify or present any witnesses or written information relating to the city's
abatement of the weeds.
(f) The city may assess expenses and create liens under this section as it assesses
expenses and creates liens under section 342.007 of the Health and Safety
Code. A lien created under this section is subject to the same conditions as a lien
created under section 342.007 of the Health and Safety Code.
(g) The authority granted a city by this section is in addition to the authority granted
by Health and Safety Code, Section 342.006.
(Ord. No. 03-024, § 5, 3-25-03)
Sec. 13-55. Reserved.
ARTICLE V. JUNKED MOTOR VEHICLES
Sec. 13-56. 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
words used in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Antique auto means a passenger car or truck that is at least twenty-five (25)
years old.
Collector means the owner of one or more antique or special interest vehicles
who collects, purchases, acquires, trades, or disposes of special interest or antique
vehicles or parts of them for personal use in order to restore, preserve, and maintain an
antique or special interest vehicle for historic interest.
Junked motor vehicle means any motor vehicle as defined in the Transportation
Code subchapter E section 683.071, as amended, that:
(1) Is a vehicle that is self-propelled and does not have lawfully attached to it
both an unexpired license plate and a valid motor vehicle inspection
certificate; and
(2) Is wrecked, dismantled or partially dismantled, or discarded; or inoperable
and has remained inoperable for more than seventy-two (72) consecutive
hours, if the vehicle is on public property; or
(3) Remains inoperable for thirty (30) consecutive days, if the vehicle is on
private property.
Special interest vehicle means a motor vehicle of any age which has not been
altered or modified from original manufacture's specifications and, because of its historic
interest, is being preserved by a hobbyist.
(Ord. No. 03-023, § 1, 3-25-03)
Sec. 13-57. Declared a public nuisance.
A junked vehicle, including a part of a junked vehicle, that is located in a place
where it is visible from a public place or public right-of-way, is detrimental to the safety
and welfare of the general public, tends to reduce the value of private property, invites
vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to
the health and safety of minors, and is detrimental to the economic welfare of the state
by producing urban blight adverse to the maintenance and continuing development of
the municipalities in the state, and is a public nuisance. This section shall not apply with
regard to:
(1) A vehicle or part thereof which is completely enclosed within a building in
a lawful manner where it is not visible from the street or other public or
private property;
(2) A vehicle or part thereof which is stored or parked in a lawful manner on
private property in connection with a business of a licensed vehicle dealer
or a licensed junkyard; or
(3) Unlicenced, operable or inoperable antique and special interest vehicles
stored by a collector on his property, provided that the vehicles and the
outdoor storage areas are maintained in such a manner that they do not
constitute a health hazard and are screened from ordinary public view by
means of a fence, rapidly growing trees, shrubbery, or other appropriate
means.
(Ord. No. 03-023, § 1, 3-25-03)
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:
(1) The nature of public nuisance;
(2) That it must be removed and abated within ten (10) days;
(3) That if a hearing is desired, before the removal of that vehicle or vehicle
part, a request for such hearing shall be made before expiration of the
ten-day period; and
(4) That the owner shall request, either in person or in writing, to the clean
community director or his designee to set a date and time of hearing.
(b) The notice must be mailed, by certified mail with a five-day return requested, to
the last known registered owner of the junked motor vehicle, any lien holder of
record, and the owner or occupant of the private property, public property, or
public right-of-way on which the public nuisance exists. If any notice is returned
undelivered by the United States Post Office, official action to abate the nuisance
shall be continued to a date not earlier than the 11 th day after the date of the
return.
(c) The procedures shall provide that the relocation of a junked vehicle that is a
public nuisance to another location in the same city or county after a proceeding
for the abatement and the removal of the public nuisance has commenced has
no effect on the proceeding if the junked vehicle constitutes a public nuisance at
the new location.
(d) If the property owner or occupant commits another violation of the same kind or
nature that poses a danger to the public health and safety within a twelve month
period from 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 a twelve
month period, and the city has not been informed in writing by the owner of an
ownership change, then the city without notice may take any action as provided
by subsections (a)(1) and (2) and assess its expenses as provided by section
342.007 of the Health and Safety Code.
(Ord. No. 03-023, § 1, 3-25-03)
Sec. 13-59. Hearing.
(a) Hearing. If a hearing is requested it shall be held not earlier than the 11 th day
after the date of the service of notice, a public hearing must be held before the
vehicle or vehicle part is removed. The hearing shall be held before the municipal
magistrate as provided herein.
(b) Determination, abatement. The municipal magistrate shall conduct hearings
brought before said court, as set out herein, and shall determine whether the
defendant is in violation of this section. Upon a finding that said defendant is in
violation of this section, said defendant shall be deemed guilty of a misdemeanor
and subject to a fine in accordance with the penalty provision hereinafter set forth
in this Code, section 1-8. The magistrate shall further order such defendant to
remove and abate said nuisance within ten (10) days, the same being a
reasonable time. If the defendant shall fail and refuse, within said ten (10) days,
to abate or remove the nuisance, the magistrate may issue an order directing the
city manager or his designee to have the same removed, and the city manager or
his designee shall take possession of said junked motor vehicle and remove it
from the premises. The city manager or his designee shall thereafter dispose of
said junked motor vehicle in such manner as required by law.
(c) Compliance. If, within ten (10) days after receipt of notice from the city manager
or his designee, to abate the nuisance, as herein provided, the owner of the
junked motor vehicle or owner or occupant of the premises shall give his written
permission to the city manager or his designee for removal of the junked motor
vehicle from the premises, the giving of such permission shall be considered
compliance with the provisions of this section.
(d) Failure to comply; filing a complaint. If a hearing is not requested within the ten-
day period provided by subsection (c) and the nuisance is not removed and
abated by the persons notified, the city shall request of the magistrate an order
directing the city manager or his designee to have the same removed, and the
city manager or his designee shall take possession of said junked motor vehicle
and remove it from the premises. The city manager or his designee shall,
thereafter, dispose of said junked motor vehicle in such manner as required by
law.
(e) Removal when owner unknown. If there is a junked motor vehicle, as herein
defined, on any premises, and neither the owner of the premises nor the owner
of said vehicle can be found and notified to remove same, then, upon a showing
of such facts to the municipal magistrate, the court may issue an order directing
the city manager or his designee to have the same removed, and the city
manager or his designee shall take possession of said junked motor vehicle and
remove it from the premises. The order requiring the removal of a vehicle or
vehicle part must include a description of the vehicle and correct identification
number and license number if the information is available at the site. The city
manager or his designee shall thereafter dispose of said junked motor vehicle in
such manner as required by law.
(f) Notice to state highway department. Within five (5) days after the date of removal
of any vehicle under this section, notice shall be given to the state highway
department. Said notice must identify the vehicle or vehicle part thereof removed.
(g) Reconstruction after removal. After a vehicle has been removed, it shall not be
reconstructed or made operable.
(h) Administration of section. This section will be administered by regularly salaried
full-time employees of the city, except that the removal of vehicles or parts
thereof from property may be by any other duly authorized person.
(Ord. No. 03-023, § 1, 3-25-03)
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(Q) 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#4fQ 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.
(Ord. No. 03-023, § 1, 3-25-03)
Sec. 13-61. Vehicle storage facility--Issuance of license.
(a) The license issued pursuant to this article shall be plainly displayed on the
business premises.
(b) The business premises, together with all things kept therein shall at all times be
maintained in a sanitary condition.
(c) No space not covered by the license shall be used in the licensed business.
(d) No water shall be allowed to stand in any place on the premises in such manner
as to afford a breeding place for mosquitos.
(e) Weeds and other uncultivated growth on the premises, other than trees, shrubs
and bushes shall be kept at a height of not more than twelve (12) inches.
(f) No property of the licensee shall be allowed to rest on or protrude over any public
street or right-of-way, walkway or curb, or become scattered or blown off the
business premises.
(g) The property of the licensee shall be arranged so as to permit easy access for
firefighting purposes.
(h) No combustible material of any kind not necessary or beneficial to the licensed
business shall be kept on the premises; nor shall the premises be allowed to
become a fire hazard.
(i) The area of the premises where junk motor vehicles exempted under section 13-
57(Q) 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.
Q) The licensee shall permit inspection of the business premises by the city
manager or his duly authorized agent at any reasonable time.
(Ord. No. 03-023, § 1, 3-25-03)
Sec. 13-62. Notice of revocation.
(a) The city manager or his designee, prior to revocation of any license issued
hereunder shall give written notice to the holder of said license. Such notice shall
contain the reason for the proposed revocation, and provide that the revocation
shall be effective fifteen (15) days after notice unless an appeal is filed. The
following shall constitute grounds for revocation of the license issued hereunder:
(1) The licensee has violated any provision of this section;
(2) The licensee has obtained his license through fraud, misrepresentation or
misstatement;
(3) The licensed business or activity is being conducted in a manner
detrimental to the health, safety, or general welfare of the public, or is a
nuisance, or is being operated or carried on in any unlawful manner;
(4) The licensed business or activity is no longer being operated on this
licensed premises;
(5) If a license is revoked the owner and/or occupant of the vehicle storage
facility has sixty (60) days to remove or abate all junked vehicles,
including parts of a junked vehicle;
(6) If the owner or occupant of the vehicle storage yard fails or refuses to
remove all junked vehicles and parts of a junked vehicle within the sixty
(60) day period, the city may file charges with municipal court and may
clean the property and charge the expense thereof to the person who had
a license on the property.
(b) Appeal of the revocation or refusal to grant a license hereunder shall be made in
writing to the city manager within fifteen (15) days after notice of revocation or
refusal to grant or renew a permit. The city shall appoint a hearing officer to hear
said appeal if such request was timely. Revocation shall be suspended pending
hearing by the hearing officer and such hearing shall be held within thirty (30)
days of the date of receipt of the request for hearing. The substantial evidence
rule shall apply, and the decision of the hearing officer shall be final.
(Ord. No. 03-023, § 1, 3-25-03)
Secs. 13-63--13-65. Reserved.
ARTICLE VI. KEEP BEAUMONT BEAUTIFUL COMMISSION*
*Editor's note: Ord. No. 92-65, § 1, adopted Aug. 25, 1992, amended Art. VI, to read
as herein set out in §§ 13-66--13-68. Prior to inclusion of said ordinance, Art. VI, §§ 13-
66--13-68 pertained to the clean community commission and derived from Ord. No. 80-
88, § 1, adopted 9, 1980; Ord. No. 81-11, § 1, adopted Feb. 3, 1981; Ord. No. 84-88, §
8, adopted June 26, 1984.
Sec. 13-66. Created; terms.
There is hereby created a Keep Beaumont Beautiful Commission composed of
fourteen (14) members who are residents, citizens and qualified voters of the City of
Beaumont. Members of Keep Beaumont Beautiful shall be appointed by the city council.
Vacancies shall be filed by the city council for the unexpired term. Members of Keep
Beaumont Beautiful shall serve without compensation and all members of said
commission shall be subject to removal at the will and pleasure of the city council.
Members shall be appointed for two-year terms.
(Ord. No. 92-65, § 1, 8-25-92)
Sec. 13-67. Duties.
The duties of Keep Beaumont Beautiful shall be advisory in nature to the city
manager and the city council. Its duties among others, shall be to promote public interest
in improving the environment; plan and coordinate programs for litter control in
cooperation with businesses, industries, governmental agencies and private citizens;
make studies and recommendations for improving health, sanitation, safety and
cleanliness through beautification of streets, yards, lots and other open spaces; aid in
the removal and limitation of trash and debris and encourage city beautification including
the planting and preservation of trees, flowers plants, shrubs, and other similar activities.
(Ord. No. 92-65, § 1, 8-25-92)
Sec. 13-68. Powers.
Keep Beaumont Beautiful shall act as an executive committee and as such,
among other powers, shall have the power to appoint additional ad hoc members;
establish standing and special committees and task forces as necessary to accomplish
its purpose and adopt by-laws and rules of procedure. Keep Beaumont Beautiful shall
meet monthly or as required by the chairman or the city manager.
(Ord. No. 92-65, § 1, 8-25-92)
ARTICLE VII. LITTER CONTROL*
*Editor's note: Ord. No. 82-40, § 1, adopted Apr. 6, 1982, added provisions
designated as §§ 13-69--13-76 as herein set forth. The editor further designated such
provisions as Art. VII.
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.
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 1/2) mil thick that has a capacity of not
more than thirty (30) gallons and that is tied or closed securely.
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.
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;
(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.
Person means any individual, corporation, partnership, organization, business
trust, estate, trust, association, and any other legal entity.
(Ord. No. 82-40, § 1, 4-6-82; Ord. No. 84-40, § 3, 3-13-84; Ord. No. 03-025, § 1, 3-25-
03)
Sec. 13-70. Littering.
It shall be unlawful and constitute an offense for a person to dispose of "litter"
except in a container as defined in section 13-69(1), or in an authorized sanitary waste
disposal site, or in another approved area, depository or vehicle designated for transport
or disposal of litter, trash, garbage or waste.
(Ord. No. 82-40, § 1, 4-6-82)
Sec. 13-71. Responsibility for retrieving litter.
(a) A person who owns or escupied_oggg ies property commits an offense if that
person allows litter on that person's property.
(b) A person who owns or occupies any lot or premises commits an offense if that
person allows litter on that portion of rights-of-way which abut such lot or
premises between the center line of such rights-of-way and the property line of
such lot or premises.
(c) A person commits on offense if that person fails to retrieve and properly store
litter that is on private or public property adjacent to that person's own property if
such litter is attributable to that person's place of business or business activity or
if such litter is a result of that person's failure to properly dispose, store or
containerize such litter. It shall be a defense to a prosecution for violation of this
subsection that the defendant's retrieval of litter would constitute a trespass in
violation of the Texas Penal Code.
(Ord. No. 82-40, § 1, 4-6-82; Ord. No. 87-2, § 1, 1-6-87)
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:
(1) 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
(2) Certified letter issued to the owner as listed on the 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.
(3) 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 (12) 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.
(4) If a violation covered by a notice under section 13-70 or 13-71 occurs
within a 12-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.
(Ord. No. 03-025, § 2, 3-25-03)
Sec. 13-72. Fines and penalties.
(a) Except as otherwise provided by this section, if it be shown that a person has
violated this article, upon conviction the defendant shall be punished by a fine of
not less than fifty dollars ($50.00) nor more than one thousand dollars
($1,000.00).
(b) Upon second conviction for a violation of this article, the defendant shall be
punished by a fine of not less than one hundred dollars ($100.00) nor more than
one thousand dollars ($1,000.00).
(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
and Safety Code, chapter 342, subchapter A, section 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.
(Ord. No. 82-40, § 1, 4-6-82; Ord. No. 84-40, § 4, 3-13-84; Ord. No. 87-21, § 1, 3-24-87;
Ord. No. 92-49, § 1, 6-30-92; Ord. No. 03-025, § 3, 3-25-03)
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 and 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.
(Ord. No. 82-40, § 1, 4-6-82; Ord. No. 84-40, § 5, 3-13-84; Ord. No. 92-49, § 1, 6-30-92;
Ord. No. 03-025, § 4, 3-25-03)
Sec. 13-74. Injunctions.
(a) In addition to the fines and penalties provided in this article, if it appears that a
person has violated or is violating or is threatening to violate any provisions of
this article, the city attorney may institute a civil suit in a court of competent
jurisdiction for injunctive relief to restrain the person from continuing the violation
or threat of violation.
(b) On application for injunctive relief and a finding that a person is violating or
threatening to violate any provision of this article, the court shall grant such
injunctive relief as the facts may warrant.
(Ord. No. 82-40, § 1, 4-6-82)
Sec. 13-75. Strict enforcement.
(a) All law enforcement personnel, inspectors, and other designated personnel shall
carry out the provisions of this article and may issue citations for violations of this
article. All law enforcement officers and representatives shall strictly enforce and
prosecute the provisions of this article, and court officials shall see that this
article receives strict interpretation and adjudication in a court of competent
jurisdiction.
(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.
(Ord. No. 82-40, § 1, 4-6-82; Ord. No. 03-025, § 5, 3-25-03)
Sec. 13-76. Liberal construction; provisions of act additional to existing
law.
The provisions of this article shall be liberally construed to effectuate its purpose;
and all provisions of this article shall be in addition to any other laws, statutes, or powers
for enforcing penalties, fines, or forfeitures authorized by law with respect to any actions,
commissions, or omissions declared unlawful by this article; and this article shall not
diminish a court's authority to prosecute a violation of other state or federal regulations,
statutes, or laws. This article shall not be construed to be inconsistent with any law of the
State of Texas. In the event that any term or provision of this article shall be inconsistent
with any law of the State of Texas, on its face or as applied to a particular factual
situation, the state law shall prevail and this article shall not apply.
(Ord. No. 82-40, § 1, 4-6-82)
ORDINANCE NO.
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 VI, SUBSECTIONS 13-53(11) and 13-54(d),
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
STD treatment.................................................................. $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 II, 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 III, 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 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 12.
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 13.
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 14.
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 15.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 16.
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
27th day of March, 2007.
- Mayor Guy N. Goodson -
2
March 27,2007
Consider approving a request for a zone change from RM-M(Residential Multiple Family
Dwelling-Medium Density)District to RM-H(Residential Multiple Family Dwelling-Highest
Density)District or more restrictive district on the north side of Concord, near Judy Lane
t
t1p...2P..
Cit y of Beaumont
A c g
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a zone change from RM-M
(Residential Multiple Family Dwelling-Medium Density)District to
RM-H (Residential Multiple Family Dwelling-Highest Density)
District or more restrictive district on the north side of Concord,near
Judy Lane.
RECOMMENDATION
The Administration recommends approval of a request for a zone change from RM-M(Residential
Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family
Dwelling-Highest Density) District for property located on the north side of Concord, near Judy
Lane.
BACKGROUND
Fittz and Shipman, Inc. has requested a zone change from RM-M (Residential Multiple Family
Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest
Density) District for property located on the north side of Concord,near Judy Lane.
The developer of the 62.3 acres proposes to construct single family homes,low density townhomes
and high density apartments. The 11.8 acre subject tract proposed for high density apartments is
currently zoned RM-M and allows for a gross density of 17 units per acre. The developer wishes to
exceed that density, thus necessitating the need to rezone the property to RM-H. RM-H zoning
allows a gross density of 29 units per acre.
The applicant states that the subject property is bounded by Concord on the south and a concrete
d'xainage ditch on the east. The RM-H zoning will buffer the lower density uses from the high traffic
volume on Concord.
At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a
request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density)
District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property
located on the north side of Concord, near Judy Lane.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL
MULTIPLE FAMILY DWELLING-MEDIUM DENSITY)
DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY
DWELLING-HIGHEST DENSITY) DISTRICT OR MORE
RESTRICTIVE DISTRICT FOR PROPERTY LOCATED ON
THE NORTH SIDE OF CONCORD, NEAR JUDY LANE,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RM-M(Residential Multiple Family Dwelling-Medium
Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District or
more restrictive district for property located on the north side of Concord, near Judy Lane,
as described in Exhibit "A" and shown on Exhibit "B," and the official zoning map of the
Cifit of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
appllication 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.
Section 5.
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at a 5/8"iron rod found in the easterly right-of-way line of Concord Road for the most
westerly corner of Lot 4 of Johnson and Sampson Subdivision, a plat recorded in Volume 4,Page
99 of the Map Records of Jefferson County,Texas and the most southerly corner of the said 62.29
acre tract;
THENCE along the said easterly right-of-way line of Concord Road and the westerly line of the said
62.29 acre tract with the following courses and distances:
North 30°41'5"West a distance of 92.21 feet(called North 30°35'00"West 92.10 feet)to a 1"iron
pipe found for an angle point;
North 31°07' 13"West a distance of 71.67 feet(called North 3l° 13'30"West 71.70 feet)to a 5/8"
iron rod found for an angle point;
North 44° 52'52"West a distance of 69.69 feet(called North 44° 57'55"West 69.70 feet)to a 5/8"
iron rod found for an angle point;
North 58°02'54"West a distance of 56.74 feet(called North 57° 59'45"West 56.70 feet)to a 5/8"
iron rod found for an angle point;
North 89°56'46"West a distance of 62.06 feet(called North 89°47'48"West)to a 3/4"capped iron
rod found for the corner of the said 11.79 acre tract and being the TRUE POINT OF BEGINNING
FOR the 11.79 acre tract;
North 89°56'46"West a distance of 189.67 feet to a found 3/4"iron rod and point for corner of said
11.79 acre tract;
South 53°56' 14"West a distance of 124.36 feet to a point for the southwesterly comer of said 11.79
acre tract;
Thence along the westerly line of said 11.79 acre tract North 40°44'23"West a distance of 405.45
feet to a point for corner;
T13ENCE continuing along said westerly line of said 11.79 acre tract North 40° 50' 07" West a
distance of 388.95 feet to a point in the most westerly corner of said 11.79 acre tract;
T13ENCE along the northwesterly line of said 11.79 acre tract North 49° 07' 36" East a distance of
5'9.22 feet to a point;
T13ENCE along the right-of-way of Sienna Trails North 19°45'45" East a distance of 42.31 feet to
a point;
EXHIBIT "A"
LEGAL DESCRIPTION continued
THENCE across the Sierra Trails right-of-way South 70° 74' 15" East a distance of 60.00 feet to a
point;
THENCE South 89°54'30"East a distance of 81.23 for the northeasterly corner of said 11.79 acre
tract;
THENCE South a distance of 827.38 feet to the TRUE POINT OF BEGINNING and containing
11.79 acres of land,more or less;
-File 1874-Z: Request for a zone change from RM-M(Residential Multiple Family NORTH
]Dwelling-Medium Density)District to RM-H(Residential Multiple Family Dwelling- Ak
I ighest Density)District or more restrictive district.
Location: North side of Concord, near Judy Lane SCALE
Applicant: Fittz & Shipman, Inc. N.T.S.
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FXHIRIT 'ER11
3
March 27,2007
Consider approving a request for a zone change from NC (Neighborhood Commercial)District to
GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to
allow a family medical clinic in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District at 4400 Highland Avenue
C1 ..a..ii
Cit y of Beaumont
dim
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� c
Council Agenda Item
TO: City Council
I1 ROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner,Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a zone change from NC
(Neighborhood Commercial) District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2)District and a specific use
permit to allow a family medical clinic in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2)District at 4400 Highland
Avenue.
RECOMMENDATION
The Administration recommends approval of a request for a zone change from NC(Neighborhood
Commercial)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and
a,specific use permit to allow a family medical clinic in a GC-MD-2(General Commercial-Multiple
Family Dwelling-2)District at 4400 Highland Avenue subject to the following conditions:
1. Provide a 10' landscape strip along the west property line.
2. Provide a 6' landscape strip along all street frontages of the parking lots.
BACKGROUND
Clark Moore, Executive Director of Ubi Caritas, has requested a zone change from NC
([neighborhood Commercial)District to GC-MD-2(General Commercial-Multiple Family Dwelling-
2) District and a specific use permit to allow the operation of a new family medical clinic. The
property is located at 4400 Highland.
Ubi Caritas is a faith based non-profit organization started by the Episcopal congregations of
Beaumont. Nine years ago the organization purchased and remodeled the property at 4400 Highland
for use as a family medical clinic serving low income residents of South Beaumont. The clinic has
grown to serve a patient population of 10,000+, providing charity care in the amount of$580,000
annually. The clinic operates with 5 full-time and 3 part-time employees and is open Monday
through Friday. In addition to primary medical services,on-going health and community education
classes are provided to the general public.
Since Hurricane Rita, the clinic has had to deny an average of 50 patients a week due to lack of
space and staff. Through the efforts of the Southeast Texas Regional Planning Commission, Ubi
Caritas has received a$860,000 grant to build a 6,000 sq. ft.clinic on the south end of the property.
In addition to more patient examination space, a pharmacy and expanded lab services will be
included. The old clinic will be converted into a free dental clinic.
,Fhe current NC zoning restricts building size to 4,000 sq. ft. To accommodate the new clinic
building, the zoning needs to be changed or a variance to the proposed building size needs to be
17anted by the Zoning Board of Adjustment.
This rezoning could be considered spot zoning. The properties to the north and south are zoned
RCR. To the east, the property is zoned RS. To the west is zoned RM-H.
Issues to consider when determining if a request is spot zoning include the following:
I. The law demands that the approved zoning plan should be respected and not altered for the
special benefit of the landowner when the change will cause substantial detriment to the
surrounding land or serve no substantial public purpose.
Ubi Caritas provides a very valuable service to the low income persons of South Beaumont.
Without this family medical clinic, many individuals would not be able to receive the
medical care that they need. By approving the zone change and specific use permit,the City
will enable Ubi Caritas to increase the number of patients that it serves and increase the
number of services that it provides to citizens.
The use will not be a detriment to the surrounding area and will serve a strong public need.
2. Will the change adversely impact the surrounding properties?
Again, the Planning Manager does not feel that the proposed change will adversely impact
surrounding properties. Ubi Caritas now operates a medical clinic on the subject property
without adversely impacting the surrounding neighborhood.
3. Is the tract of land suitable or unsuitable for use as presently zoned?
As presently zoned, a medical clinic is a permitted use. However, the size of the building
for any permitted use is limited to a maximum of 4,000 sq. ft. GC-MD-2 zoning is the most
restrictive zoning district that would require a specific use permit for the proposed use and
allow a building larger than 4,000 sq. ft.
4. Does the proposed zone change bear a substantial relationship to the public health, safety,
morals or general welfare or protect and preserve historical and cultural places and areas?
The enlarged family medical clinic will provide a much needed service to the low income
citizens of South Beaumont. Without the medical services provided by Ubi Caritas, these
citizens might go without the care they need.
At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a
request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a family
medical clinic in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 4400
Highland Avenue subject to the following conditions:
1. Provide a 10' landscape strip along the west property line.
2. Provide a 6' landscape strip along all street frontages of the parking lots.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT
FOR PROPERTY LOCATED AT 4400 HIGHLAND,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as NC(Neighborhood Commercial)District to GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District for property located at 4400
Highland, being Lots 1 - 6, Park Place Addition, City of Beaumont, Jefferson County,
Texas, containing 1.03 acres, more or less, as shown on Exhibit "A" and the official
zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
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.
Section 5.
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
File I R73-ZZP: Request for a zone change from NC
ng (Neighborhood Commercial) District to
GC-MD-2:(General Commercial-Multiple Family Dwelling-2) District or more restrictive N
district and a specific use permit to avow a.family medical clinic in a G4C-MD-2 (General
Commercial-Multiple Family Dwelling-2) District.
Location: 4400 Highland Avenue
APplicant: Clark Moore 425
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EXHIBIT "A"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A FAMILY MEDICAL CLINIC IN A GC-
MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT
4400 HIGHLAND AVENUE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Clark Moore, Executive Director of Ubi Caritas,to allow a family medical clinic for
property located at 4400 Highland Avenue, being Lots 1-6, Block 1, Park Place Addition,
City of Beaumont, Jefferson County,Texas, containing 1.03 acres, more or less, as shown
on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City 'of Beaumont and its citizens subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a family medical clinic for property located at
4400 Highland Avenue, being Lots 1-6, Block 1, Park Place Addition, City of Beaumont,
Jefferson County, Texas, containing 1.03 acres, more or less, as shown on Exhibit "A"
attached hereto and made a part hereof for all purposes, is hereby granted to Clark Moore,
Executive Director of Ubi Caritas, its legal representatives,successors and assigns subject
to -the following conditions:
1. Provide a 10' landscape strip along the west property line.
2. Provide a 6' landscape strip along all street frontages of the parking lots.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
Mairch, 2007.
- Mayor Guy N. Goodson -
File 187 11P: Request for a zone change from NC (Neighborhood Commercial) District to
CxC-MD-.2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive N
district and a specific use permit to allow a family medical clinic in a GC-1VID-2 (General
Commercial-Multiple Family Dwelling-2) District.
Location: 4400 Highland Avenue
Applicant: Clarik Moore 425
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with 6"Aluminum Letters on
specifications' I _
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_ *Approval subject to the following conditions:
1. Provide a 10'landscape strip along the west property line.
I T E ,.P I-A N 2. Provide a 6'landscape strip along all street frontages of the parking lots.
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March 27, 2007
GOnsider approving a request for a specific use permit to allow a reception hall in a GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District at 2750 E. Lucas
S
City of Beaumont
lc-W... Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
11IEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
FLEQUESTED ACTION: Council consider a request for a specific use permit to allow a
reception hall in a GC-MD-2(General Commercial-Multiple Family
Dwelling-2)District at 2750 E. Lucas.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a reception
hall in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2750 E. Lucas.
with a modification to the landscaping requirement(5'landscape strip along the north property line and
a 5' landscape strip along the north 204' of the east and west property lines).
BACKGROUND
Thomas Cantue,the property owner,is requesting a specific use permit to allow a reception hall on
his property at 2750 E. Lucas. Mr. Cantue received a zone change to GC-MD-2 on the north 267'
of his property in January,2006. The south 150'of the property is zoned GC-MD. His initial plans
were to construct some apartments and a reception hall. However,once he discovered his property
was not large enough to accommodate both uses,he decided to build the reception hall only.
Mr. Cantue is now ready to construct the reception hall. The structure will encompass 4,500 sq. ft.
A total of 80 parking spaces will be provided. The building will be rented for meetings, parties,
weddings, church functions and other clubs or organizations for their fundraising activities.
Mr. Cantue is requesting a modification to the landscaping/screening requirements along the north,
east and west sides of the property.
At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 7:0:1 to approve
a specific use permit to allow a reception hall in a GC-MD-2(General Commercial-Multiple Family
Dwelling-2) District at 2750 E. Lucas with a modification to the landscaping requirement(5'
landscape strip along the north property line and a 5'landscape strip along the north 204'of the east
and west property lines) and that it not operate as a BYOB nightclub.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager
13UDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A RECEPTION HALL IN A GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT FOR PROPERTY LOCATED AT 2750 E. LUCAS
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Thomas Cantue to allow a reception hall in a GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District for property located at 2750 E. Lucas, being the north
267.42' of Lot 1, Block 1, Lucas Acres Addition, City of Beaumont, Jefferson County,
Texas, containing 0.64 acres, more or less, as shown on Exhibit"A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a reception hall in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for property located at 2750 E. Lucas,
beiing the north 267.42' of Lot 1, Block 1, Lucas Acres Addition, City of Beaumont,
Jefferson County, Texas, containing 0.64 acres, more or less, as shown on Exhibit "A"
attached hereto and made a part hereof for all purposes, is hereby granted to Thomas
Cantue, his legal representatives, successors and assigns subject to the following
condition:
Modification to the landscaping requirement(5' landscape strip along
the north property line and a 5' landscape strip along the north 204'
of the east and west property lines).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
File 18$:P: Request for a specific use permit to allow a reception hall in a GC-MD-2 N
(General("ommercial-Multiple Family Dwelling-2) District.
Location: 2750 Lucas
Applicaint: Thomas Cantue 60
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*Approval with a modification to the landscaping requirement(5'landscape strip along the north
property line and a 5'landscape strip along the north 204'of the east and west property lines)and that
it not operate as a BYOB nightclub.
�' SITE PLAN
EXHIBIT EEB"
5
March 27, 2007
Consider approving a request for a specific use permit to allow a skilled nursing home in a GC-
1VD-2 (General Commercial-Multiple Family Dwelling-2)District on the east side of Major Drive,
south of Pevitot
r
A.. City of Beaumont
Council Agenda Item
'.Ma K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow a skilled
nursing home in a GC-MD-2(General Commercial-Multiple Family
Dwelling-2)District on the east side ofMajor Drive,south ofPevitot.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a skilled
nursing home in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District on the east
side of Major Drive, south of Pevitot, subject to the following condition:
1. A sidewalk will be required along Major Drive. (Planning)
BACKGROUND
James Moore with Centex Management Co. is requesting a specific use permit to allow a skilled
nursing facility on 5.74 acres of property located on the east side of S. Major, approximately 267'
south of Pevitot. City Council rezoned this property and an additional 35.26 acres to GC-MD-2 in
January, 2007.
The 45,000 sq. ft., 120 bed skilled nursing home is the first of at least two medical related facilities
that are proposed on the 41 acres. Access to the facility will be off of a 60'roadway to be built.
At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a
specific use permit to allow a skilled nursing home in a GC-MD-2(General Commercial-Multiple
Family Dwelling-2) District on the east side of Major Drive, south of Pevitot, subject to the
following condition:
1. A sidewalk will be required along Major Drive. (Planning)
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SKILLED NURSING HOME IN AN GC-
MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT, FOR PROPERTY LOCATED ON
THE EAST SIDE OF MAJOR DRIVE, SOUTH OF PEVITOT,
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Centex Management Co.to allow a skilled nursing home in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for property located on the east side of
Major Drive, south of Pevitot, as described on Exhibit "A" and shown on Exhibits "B" and
"C" attached hereto; and,
WHEREAS,the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a skilled nursing home in a GC-MD-2 (General
commercial-Multiple Family Dwelling-2) District, for property located on the east side of
Major Drive, south of Pevitot, as described on Exhibit "A" and shown on Exhibits "B" and
"C"and made a part hereof for all purposes, is hereby granted to Centex Management Co.,
its legal representatives, successors and assigns, subject to the following condition:
• A sidewalk will be required along Major Drive.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "C"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto,the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
Mauch, 2007.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 5.6046 acre tract or parcel of land situated in the Charles Williams Survey, Abstract No.
59, Jefferson County, Texas, and being out of and part of that certain 41.031 acre tract of.land as
described in a "Warranty Deed with Vendor's Lien" from Harold Lee Richardson to George A.
Dishman,Jr and James C.Dishman as recorded in Volume 2330,Page 425,Deed Records,save and
except that certain called 0.288 acre tract of land as described in a deed from George A. Dishman
and James C. Dishman to the State of Texas as recorded in Clerk's File No. 95-9530117, Official
Public Records of Real Property, Jefferson County, Texas, said 5.6046 acre tract being more
particularly described as follows:
BEGINNING at the Northwest corner of the remainder of the said 41.031 acre Dishman tract, said
corner also being the most Northerly corner of the said 0.288 acre State of Texas tract and in the East
right-of-way line of F.M. Highway 364 (also known as Major Drive), said corner also being the
Southwest corner of that certain called 0.40 acre tract, identified as Tract II, as described in a
"Warranty Deed"from Vance Buran Riley,Jr. and James Carroll Riley to Billy Wayne Taylor and
wife, Carol Taylor as recorded in Firm Code No. 102-79-0279, Official Public Records of Real
Property, Jefferson County, Texas;
THENCE South 89°49'24" East, for the boundary between the tract herein described and the said
0.40 acre Taylor tract and that certain called 1.17 acre tract of land as described in a "Warranty
Deed"from John Ming Warrick,Individually and as Independent Executor of the Estate of Jimmie
Lee Warrick to Dick H.Humphreys and wife,Loretta Humpheys as recorded in Film Code No. 103-
76••2079, Official Public Records of Real Property,Jefferson County,Texas and that certain called
0.61 acre tract of land as described in a deed to J.A. Stephens as recorded in Volume 1324,Page 127,
Deed Records, Jefferson County, Texas and that certain called 0.615 acre tract, identified as Tract
One, as described in a"General Warranty Deed with Vendor's Lien in Favor of Third Party" from
Robert L. Craigen and Barbara Craigen to Terry L. Gorrell as recorded on Clerk's File No. 94-
9417784, Official Public Records of Real Property, Jefferson County, Texas, the same being the
most Southerly North line of the remainder of the said 41.031 acre Dishman tract, for a distance of
500.00 feet to a point for corner;
THENCE South 00° 10'36"WEST,perpendicular to the most Southerly North line of the remainder
of the said 41.031 acre Dishman tract, for a distance of 500.00 feet to a point for corner;
THENCE NORTH 890 49' 24" WEST, parallel to the most Southerly North line of the remainder
of the said 41.031 acre Dishman tract, for a distance of 475.48 feet to a point for corner, said corner
being in the East right-of-way line of F.M. Highway 364;
THENCE NORTH 020 48' 55" WEST, along and with the East right-of-way line of F.M. Highway
364, for a distance of 328.87 feet to a point for corner;
THENCE NORTH 020 16'37" WEST,continuing along and with the East right-of-way line of F.M.
Highway 364, for a distance of 171.74 feet to the POINT OF BEGINNING and containing 5.6046
ACRES, more or less.
EXHIBIT "A"
Fie 186: -P: Request for a specMe use permit to allow a skilled nursing home in a
2 (General Commercial-Multiple Family DweHing-2)District.
Eocation: East side of Major Drive, south of Pevitot
Applicant: The Westwind Corporation, dba Centex Management Company
500
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6
March 27,2047
Consider approving a request for a specific use permit to allow a non-profit veterans organization
chapter meeting place in an RCR(Residential Conservation and Revitalization)District at 2115
M[cFaddin
cl..L171J
City of Beaumont
Council Agenda Item
� c g
TO: City Council
]FROM: Kyle Hayes, City Manager
]PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow a non-
profit veterans organization chapter meeting place in an RCR
(Residential Conservation and Revitalization) District at 2115
McFaddin.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a non-profit
veterans organization chapter meeting place in an RCR (Residential Conservation and
Revitalization)District at 2115 McFaddin with a modification to the landscaping requirements for
the parking lot(no six foot landscape strip along the parking lot frontage).
BACKGROUND
Vietnam Veterans of America, Chapter 292 is requesting a specific use permit to allow its chapter
meeting place at 2115 McFaddin. The property is zoned RCR (Residential Conservation and
Revitalization) District.
The local chapter of the Vietnam Veterans is seeking a new home after the sale of its former facility
on Keith Road. The members feel that the subject property would be the perfect location for their
new home.
VVA Chapter 292 has a membership of approximately 65 Vietnam or Vietnam-era veterans. It also
has 13 members of Associates of Vietnam Veterans of America. Of the total membership,about 20
are active members, in the sense of attending meetings and participating in the organization's
fimctions.
Monthly meetings are held at 7:00 p.m. on the third Tuesday of each month. In addition,they have
various committees or other small groups which use the facility on occasion, either during the
evening or on weekends. The organization does hold an annual members' Christmas party and
occasional ceremonies open to the public such as on Memorial Day and Veterans Day.
Ad a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a
specific use permit to allow a non-profit veterans organization chapter meeting place in an RCR
(Residential Conservation and Revitalization)District at 2115 McFaddin with a modification to the
landscaping requirements for the parking lot (no six foot landscape strip along the parking lot
fi-ontage).
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A NON-PROFIT VETERANS
ORGANIZATION CHAPTER MEETING PLACE IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 2115 MCFADDIN IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Vietnam Veterans of America, Chapter 292, to allow a non-profit veterans
organization chapter meeting place in an RCR (Residential Conservation and
Revitalization) District, for property located at 2115 McFaddin, being the E'/2 of Lot 10 and
Lots 11-12, Block 16, McFaddin Second Addition, City of Beaumont, Texas, containing
0.417 acres, more or less, as shown on Exhibits "A" and "B" attached hereto.; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a non-profit veterans organization chapter
meeting place in an RCR(Residential Conservation and Revitalization)District,for property
located at 2115 McFaddin, being the E Y2 of Lot 10 and Lots 11-12, Block 16, McFaddin
Second Addition, City of Beaumont,Texas,containing 0.417 acres, more or less, as shown
on Exhibits "A" and "B" and made a part hereof for all purposes, is hereby granted to
Vietnam Veterans of America, Chapter 292, its legal representatives, successors and
assigns, subject to the following condition:
• Modification to the landscaping requirements for the parking lot (no 6'
landscape strip along the parking lot frontage).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
File 1866=P: Request for a specific use permit to allow a non-profit veterans organization N
chapter meeting place in an RCR(Residential Conservation and Revitalization) District.
Location: 2115 McFaddin
Applicant: Vietnam Veterans of America, Chapter 292 50 jk
=Feet
Legend
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EXHIBIT 'A'
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-----_-_--Lot 9--- 00e� 5/8' Rod
----- --------------ge-------------
Lot !0 �
S 89'5740" W 25.Q0'
West half of Lot 10 fir° (west 25.00)
N 00'0654" W 140.21'
Found (North 140.00)- Set capped 112'Rod
112'Rod "Access Surveyors'
LV20
amnu,E ast half of Lot 10
hott parking '
Lo 10
Lot t 11
•.� l`Z� 1 P
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in Lot 11 pt� \ .• 2 .�.�
7t, °
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ot11 -
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Lot 1 TsrsNUwsrannaE dh concrete slab
SIGN U
tip
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ut •� •0 .
cov'd&n •FLAGPOLE
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Found .. - cane wo '
112' Rod .ty 1y
South I 10' Found ca
(Assdmed Bearing B is South 140.00) 112' Rod ^, N
O t~
O
5th.Street Surveyor Note(s):
GREEN TREES/SHRUBS 0 (60' R.10.W.) (t) Set 112'Iron Rod with yellow plastic v
i cap stamped `Access Surveyors"wham may"
RED 6 SCREENING FENCE 0 noted. R a�
RED/BLUE 8'SCREENING FENCE ° M
(2) The subdivision plat of AleFaddfn
BLUE DOT FLAG POLE. Second Addition-depicted no baaring rUn
reference, se an assumed basis was c�
taken o/ong the west right-of-.way Nne.of -
} 5th Strnat
(J) There exists power line's along and in O
SCALE : 1 20' the west right-of-way line of 5th Street yo
and the south right.-of-way line of
AlcFaddin Avenue not shown hgmon. O
sun
0
d
CLIENT: -&Lh TU Q-- MQPa G.F. NO 7SE-W766C
T0: Anh Tu Long, A40PA, Chicago Title, & Southeast Texas Title Company.,
1, Joe A. Mcttox, Taws Registered.Professional Land Surveyor No. 5535, do'hereby certify'that I have made a .
survey an the ground of the'property leggy desddbed hereon, that the survey is correct, and that there dm no
Qjscmpancles or conflicts, ?barta¢es in bowdanes, encroacli rents, protrusions. or bvertappfig-of lmprovsments, or
visible utiNty Ilnes br roads kr ptbce, except or shown hema6, and thdt avid property has. access to and ham a
'dedicoted public roo'dway; unless athetwise shown hereon.
Survey doted June 22. 2804_
JAa Subject.tract being locdtad at..ZTS MlcFad&n Amnug.. Ree�mnnf Texw, 77701
anQ being doscdbed."-'The-Edst •half at E.ot 76.and gp of Lets 11 & 1,2. Rktck IS of Mc�addln :mod--Add.#en
recorded in �XOlurne .Piyd-83.,=54 of the Records of Je►firson County, Texas.
Subject tradt is located 1n:M94.*Zone X
Community Panef No.. 48.x)57.0020•C
(MW Dated: August 06 2&02)
!' .'.r�'! � '.�!6n?lr °'°'y°•s s5•'EG1ST riiP
9a•tlrt'.durLf SQid Bbq(rpoiif, Fcaa 7770) • •Q' 0••i
7destieee (4t74j'-8d1±d32?.i'qx'8J8�6'122 JOE A.-MAT-T-0 .
t±ol,6ieJt>9cei.�am r
:; ,, .. � �,� '�as1,a� ° Reylst.r.d Frofhsionai totldr'l . ._ Exhibit B
7
March 27,2007
Consider approving a request for a specific use permit to allow an 8 unit loft apartment building in
a CBD(Central Business District) at 527 Forsythe
ous City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow an 8 unit
loft apartment building in a CBD (Central Business District) at 527
Forsythe.
RECOMMENDATION
The Administration recommends denial of a request for a specific use permit to allow an 8 unit loft
apartment building in a CBD (Central Business District) at 527 Forsythe.
BACKGROUND
The Landmark Group is requesting a specific use permit to allow an 8 unit loft apartment building
in the Central Business District at 527 Forsythe. The property is the location of the former Antioch
Baptist Church. It is the intent of the Landmark Group to renovate the existing building for use as
apartments. In addition,there will be common space for a library, computer room, laundry facilities
and leasing office space.
Since the property is located in the Central Business District, off-street parking is not required.
However, the applicant states that they have made a proposal to the City whereby the City would
provide reserved,on-street parking for the apartments. The City has denied that request. Elsewhere
in.the city, apartment complexes must provide one and one-half parking spaces per dwelling unit.
Denial of this request is based upon the fact that there is no off-street parking being provided. At one
and one-half parking spaces per unit, 12 parking spaces would typically be required. Unless off-street
parking is made available, tenants will be required to park on the street. Allowing on-street parking
in perpetuity for this use would be contrary to the best interest of furthering redevelopment in
Downtown Beaumont. The City currently provides metered, on-street parking services in order to
allow a regular turnover of vehicles accessing retail, office and public uses. Metering ensures that
parked cars don't sit continuously.Moreover,ifthis Specific Use Permit were approved,the de facto
result would be that an estimated 12 public, on-street parking spaces would be taken by this project,
further limiting parking options for other property owners in the area.
Most downtowns were built well before the automobile, and as a result, parking was not that great
of an issue. As the automobile became more popular, fewer and fewer people lived downtown. As
a result, some cities did not require on-site parking in their downtowns, anticipating that office
buildings would provide structured parking or parking lots and that retail, office and restaurants
would benefit from short-term, metered parking. Recent redevelopments in Downtown Beaumont
have provided on-site parking. An example of this would be Cathedral Square Townhomes.
Section 30-26(e)4. of the Zoning Ordinance states that a Specific Use Permit shall be issued only
if "the design, location and arrangement of all driveways and parking spaces provides for the safe
and convenient movement of vehicular and pedestrian traffic without adversely affecting the general
public or adjacent development."
At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 5:2:1 to approve a
specific use permit to allow an 8 unit loft apartment building in a CBD(Central Business District)at
527 Forsythe.
Denial of this Specific Use Permit is recommended by City Manager,Public Works Director and the
Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMITTOALLOWAN EIGHT(8) UNIT LOFTAPARTMENT
BUILDING IN A CBD(CENTRAL BUSINESS DISTRICT) FOR
PROPERTY LOCATED AT 527 FORSYTHE, IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to The Landmark Group to allow an eight (8) unit loft apartment building in a CBD
(Central Business District) for property located at 527 Forsythe, being Lot 412, Block 57,
Original Townsite of Beaumont, City of Beaumont, Jefferson County, Texas, containing
0.165 acres, more or less, as shown on Exhibits "A" and "B" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow an eight(8) unit loft apartment building in a CBD
(Central Business District) for property located at 527 Forsythe, being Lot 412, Block 57,
Original Townsite of Beaumont, City of Beaumont, Jefferson County, Texas, containing
0.165 acres, more or less, as shown on Exhibits "A" and "B," attached hereto and made
a part hereof for all purposes, is hereby granted to The Landmark Group, its legal
representatives, successors and assigns.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson
J
File 1868-P Request for a specific use permit to allow an 8 unit loft apartment building in N
a CBD (C'entral Business District).
Location: 527 Forsythe 50
Applicant Landmark Asset Services, Inc., for Beaumont Downtown Lofts, Ltd. =Feet
Legend
Subject
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EXHIBIT `A'
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8
March 27, 2007
Consider approving a request for a specific use permit to allow a 28 unit apartment building with
1.,500 sq. ft. of commercial space in a CBD (Central Business District)at 620 Pearl
City of Beaumont
•�•
A c g of
Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
N[EETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow a 28 unit
apartment building with 1,500 sq. ft. of commercial space in a CBD
(Central Business District) at 620 Pearl.
RECOMMENDATION
The Administration recommends denial of a request for a specific use permit to allow a 28 unit
apartment building with 1,500 sq.ft.of commercial space in a CBD(Central Business District)at 620
Pearl.
BACKGROUND
The Landmark Group is requesting a specific use permit to allow a 28 unit apartment building with
retail space in the Central Business District at 620 Pearl. The property is the location of the former
Neches Electric Company/Walgreens building. It is the intent of the Landmark Group to renovate
the existing building for use as apartments and 1,500 sq. ft. of retail space. In addition,there will be
common space for a library, computer room, laundry facilities and leasing office space.
Since the property is located in the Central Business District, off-street parking is not required.
However,the site plan does show 28 parking spaces on the north side of the building. Elsewhere in
the city, apartment complexes must provide one and one-half parking spaces per dwelling unit and
retail must provide one parking space per 200 sq. ft. of floor area.
Denial of this request is based upon the lack of adequate parking for the apartments. At one and one-
half parking spaces per unit,42 parking spaces would typically be required. Of the 28 parking spaces
sliown, the three most westerly spaces are questionable due to the lack of space for maneuvering
when backing out. Sec.30-27 ofthe Zoning Ordinance states that when off-street parking is provided
in the CBD, it shall conform to the Off-Street Parking and Driveway Standards. Unless other off-
street parking is made available, tenants will be required to park on the street. Allowing on-street
parking in perpetuity for this use would be contrary to the best interest of furthering redevelopment
in Downtown Beaumont. The City currently provides metered, on-street parking services in order
to allow a regular turnover of vehicles accessing retail and office uses. Metering ensures that parked
cars don't sit continuously. Moreover, if this Specific Use Permit were approved,the de facto result
would be that an estimated 17 public,on-street parking spaces would be taken by this project,further
limiting parking options for other property owners in the area.
Most downtowns were built well before the automobile, and as a result, parking was not that great
of an issue. As the automobile became more popular, fewer and fewer people lived downtown. As
a result, some cities did not require on-site parking in their downtowns, anticipating that office
buildings would provide structured parking or parking lots and that retail, office and restaurants
would benefit from short-term, metered parking. Recent redevelopments in Downtown Beaumont
have provided on-site parking. An example of this would be Cathedral Square Townhomes.
Section 30-26 (e)4. of the Zoning Ordinance states that a Specific Use Permit shall be issued only
if"The design, location and arrangement of all driveways and parking spaces provides for the safe
and convenient movement of vehicular and pedestrian traffic without adversely affecting the general
public or adjacent development."
At a Joint Public Hearing held March 19, 2007,the Planning Commission made a motion to approve
a specific use permit to allow a 28 unit apartment building with 1,500 sq. ft. of commercial space in
a CBD (Central Business District) at 620 Pearl. That motion to approve failed 3:4:1.
Denial of this Specific Use Permit is Recommended by Planning Commission, City Manager,Public
Works Director and the Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A 28-UNIT APARTMENT BUILDING
WITH 1500 SQUARE FEET OF COMMERCIAL SPACE IN A
CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY
LOCATED AT 620 PEARL IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Beaumont Downtown Lofts, Ltd., to allow a 28-unit apartment building with 1500
square feet of commercial space in a CBD (Central Business District)for property located
at 1620 Pearl, being Lots 196-197 and parts of Lots 198 and 207, Block 40, Original
Townsite of Beaumont, City of Beaumont, Jefferson County, Texas, containing 0.5047
acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a 28-unit apartment building with 1500 square
feet of commercial space in a CBD (Central Business District) for property located at 620
Pearl, being Lots 196-197 and parts of Lots 198 and 207, Block 40, Original Townsite of
Beaumont, City of Beaumont, Jefferson County, Texas, containing 0.5047 acres more or
less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is
hereby granted to Beaumont Downtown Lofts, Ltd., its legal representatives, successors
and assigns.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
F' a 1869-.JP: Request for a specific use permit to allow a 28 unit apartment building with N
1500 sq. :tl. of commercial space in a CBD (Central Business District).
Location: 620 Pearl
Applicant: Landmark Asset Services, Inc., for Beaumont Downtown Lofts, Ltd. 50
0 Feet
Legend
Subject
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9
March 27,2007
Consider approving a request for a specific use permit to allow a winery in a GC-MD (General
Commercial-Multiple Family Dwelling)District at 6755 Phelan
Vow C1 ..aij
City of Beaumont
qw_
'A K, Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 20, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow a winery
in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 6755 Phelan.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a winery
in a GC-MD (General Commercial-Multiple Family Dwelling)District at 6755 Phelan.
BACKGROUND
Patti Standley is requesting a specific use permit to allow a winery in a GC-MD (General
Commercial-Multiple Family Dwelling)District. The property is located at 6755 Phelan.
In July, 2006, City Council approved an ordinance amendment to allow wineries and micro-
breweries in CBD,GC-MD and GC-MD-2 with a specific use permit. At the time,Ms.Standley was
looking at opening a winery in the downtown area. However, she has now found a new location at
the aforementioned address.
D'Vine Wine is a franchise-based local winery utilizing grapes and juices from around the world.
These grapes/juices are then processed on site and will provide individuals the opportunity to bottle,
cork and label their own selections. D'Vine Wine will also offer wine tastings.
At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a
specific use permit to allow a winery in a GC-MD(General Commercial-Multiple Family Dwelling)
District at 6755 Phelan.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A WINERY IN A GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
FOR PROPERTY LOCATED AT 6755 PHELAN, IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Patti Standley to allow a winery in a GC-MD(General Commercial-Multiple Family
Dwelling) District for property located at 6755 Phelan, being Lot 3A, Calder Woods
Addition, City of Beaumont, Jefferson County, Texas, containing 3.96 acres, more or less,
as shown on Exhibits "A" and "B" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a winery in a GC-MD (General Commercial-
Multiple Family Dwelling) District for property located at 6755 Phelan, being Lot 3A, Calder
Woods Addition, City of Beaumont, Jefferson County, Texas, containing 3.96 acres, more
or less, as shown on Exhibits "A" and "B," attached hereto and made a part hereof for all
purposes, is hereby granted to Patti Standley, her legal representatives, successors and
assigns.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2007.
- Mayor Guy N. Goodson -
File WIT: Request for a specific use permit to allow a winery in a GC-MID (General
COmmenial-Multiple Family Dwelling) District
Location: 6755 Phelan
Applicpirg:: Patti Standley F e-e-t,
1 -
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10
March 27, 2007
Consider approving a bid for the construction of a building at the Landfill
L
muqw City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 27, 2007
AGENDA MEMO DATE: March 22, 2007
REQUESTED ACTION: Council award a bid for the construction of a building at the
Landfill.
RECOMMENDATION
Administration recommends the award of a bid to Goss Building, Inc. in the amount of$95,000 for
furnishing all labor,materials,equipment and supplies to construct a new ticket booth at the Landfill.
BACKGROUND
Four(4)bids were received on Thursday,March 8,2007 for furnishing all labor,materials,equipment
and supplies needed for the construction of a ticket booth building at the Landfill entrance. The new
building will replace an older structure that has been onsite for over ten (10) years. The current
building is a modified portable building built on skids.
The new structure specified is a 10 ft. x 16 ft. x 10 ft. 9 inch pre-fabricated concrete building with a
built-in work station and an ADA compliant restroom. The new building will be air conditioned and
equipped with necessary cabling for computer and phone line access.
The building is located at the entrance of the Beaumont Landfill located on Lafin Road. All
customers must check-in at this site prior to entering. This booth is manned during normal working
hours for verification of loads and payments.
In addition to the building,the paved drive will be widened to accommodate the trucks entering the
Landfill. This contract includes all concrete paved additions,electrical,plumbing and fixtures,HVAC
and associated ducts and grilles and set up of building.
Landfill Ticket Booth
March 22, 2007
Page 2
The bids received are as follow:
Contractor Price Completion Time MBE
Participation
Goss Building, Inc. $95,000.00 75 calendar days None certified
Beaumont, TX
Specialized Construction $99,400.00 90 calendar days None
Beaumont, TX
Bruce's General Construction $104,269.00 60 calendar days 100%
Beaumont, TX
Cleveco Construction $134,250.00 90 calendar days 100%
Lumberton, TX
Goss Building, Inc. planned to subcontract 22% of the project to an MBE but the subcontractor
identified in his schedule is not a city or state certified MBE/HUB.
The City's specifications required the bidder to purchase the prefabricated concrete building from
Lone Star Prestress Mfg. The building is designed and delivered with all electrical and plumbing
included. The General Contractor is responsible for the purchase and installation of the building
according to the City's specifications and the construction of the driveways at the entrance of the
landfill. Mr. Casto with Goss Building contacted two locally owned minority businesses, Salenga
Construction, Inc., a certified MBE and Simon Construction, a minority owned non-city certified
MBE for constructing the driveways. Salenga Construction did not respond to his request for a bid
but Simon Construction did submit a bid. The Purchasing Division has mailed an MBE application
to Simon Construction on two separate occasions. Leonard Zuniga dba Simon Construction has been
contacted concerning his application for MBE certification. He has indicated that he is in the process
ofworking with his accountant to gather the information required for the application but,to date,the
City has not received his application.
At this time, there are four construction contractors listed on the City's MBE vendor list including
Salenga Construction. Bruce's General Construction and Cleveco Construction are also listed and
submitted bids.
BUDGETARY IMPACT
Funding is available in the Solid Waste Fund.
same, as the case may be.
(Code 1958, §22-3)
State law references: For powers of cities in the abatement of nuisances, see VTCS,
Arts. 1175(16), 4436, 4477--1, § 3(b).
Sec. 13-3. Same--Abatement as to business, trade or occupation.
Whenever it shall come to the knowledge of the director of health, by personal
observation or information, that there is carried on any business, trade or occupation that
is or may become a nuisance, affecting or liable to affect the persons residing or
pursuing any occupation in the neighborhood, it shall be his duty to give notice to the
persons creating such nuisance, or to the owner or occupant of the premises, to abate
the same, and if such nuisance is not abated within forty-eight (48) hours after such
notice has been given, the persons to whom it has been given shall be guilty of a
misdemeanor.
(Code 1958, §22-4)
Cross references: Heliports and helistops, § 2 1/4-21 et seq.
Sec. 13-4. Interference with nuisance abatement.
It shall be unlawful for any person to interfere with or attempt to interfere with or
prevent the director of health or anyone acting under his direction or authority from
removing, clearing or abating any nuisance or condition declared unlawful in Chapter 13.
(Ord. No. 85-41, § 1, 4-9-85)
Sec. 13-5. Wells, cisterns; required to be covered.
It shall be unlawful and shall constitute the creation and/or maintenance of a
public nuisance, for any person to permit, on premises owned or occupied by him, any
well, cistern or other excavation to remain open or uncovered, to the danger of others.
(Code 1958, §23-40)
Sec. 13-6. Stagnant or offensive water on private premises.
It shall be unlawful and constitute the creation and/or maintenance of a public
nuisance for any person to keep on any lot or piece of ground within the city any pool or
pond of unwholesome, impure, stagnated or offensive water.
(Code 1958, § 22-2(8))
Cross references: Mosquito control, § 13-40.
Sec. 13-7. Discharge of offensive liquids onto streets, etc.
It shall be unlawful and/or constitute a public nuisance for any person to cast,
drain or throw or cause to be cast, drained, thrown or distributed into any public street or
highway, gutter, alley or other public grounds within the city any kitchen water, water
from exhaust pipes, laundry water, water from service stations and garages, water from