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