Ordinance No. 13,335ORDINANCE NO. 13,335
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC
HEALTH HAZARDS," DIVISION 2 "PUBLIC HEALTH NUISANCES,"
SECTION 42 -62 "MAINTENANCE OF PREMISES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD NEW SUBSECTIONS TO BE
NUMBERED SUBSECTION (E) AND SUBSECTION (F) TO ADDRESS
OPEN STORAGE OF CERTAIN PERSONAL PROPERTY, AND AMENDING
CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE
XII "FENCING," DIVISION 1 "GENERALLY" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 18 -985 "MAINTENANCE" TO
ESTABLISH GENERAL MAINTENANCE STANDARDS FOR FENCES;
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO 1100 DOLLARS ($2,000.00) FOR OPEN STORAGE AND A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00) FOR
FENCE MAINTENANCE; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 42 "Health and Sanitation," Article II "Public Health
Hazards," Division 2 "Public Health Nuisances," Section 42 -62 "Maintenance of premises" of
the Code of Ordinances, Baytown, Texas, is hereby amended to add new subsections to be
numbered (e) and (f)," which subsections shall read as follows:
CHAPTER 42 HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
DIVISION 2. PUBLIC HEALTH NUISANCES
Sec. 42 -62. Maintenance of premises.
(e) It shall be unlawful for any person owning, occupying or having supervision or control of
any real property, occupied or unoccupied, within the corporate limits to permit or allow
the open storage of personal property that is visible from the public right -of -way, except
for personal property that is placed for
(1) collection in accordance with section 86 -66, et seq. of this code or
(2) use in construction of a structure for which a valid building permit has been
issued.
Personal property covered by tarps or covers will be considered to be openly stored if
visible from a public way.
(f) The following words, terms and phrases, when used in subsection (e) shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Open storage means the keeping or retaining of personal property for future use
outside a structure.
Personal property means goods, appliances, equipment, and furnishings, not
specifically designed and manufactured for outdoor use, including an icebox, refrigerator,
stove, glass, mirror, chair, table, bookcase, clothing, building material, building rubbish,
tire, auto part, container of oils, chemical, paint, box, or any item which is not made of
material that is resistant to damage or deterioration from exposure to the outside
environment.
Structure means a solid, complete enclosure that prohibits the introduction and
collection of natural precipitation inside the enclosure and on the contents within.
Section 2: That Chapter 18 "Buildings and Building Regulations," Article XII
"Fencing," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas, to add a new
section to be numbered and entitled Section 18 -985 "Maintenance," which section shall read as
follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XII. FENCING
DIVISION 1. GENERALLY
Section 18 -985. Maintenance.
It shall be unlawful for any person owning, occupying or having supervision or control of
any real property, occupied or unoccupied, within the corporate limits to fail to maintain the
fences constructed on such property in compliance with the following maintenance standards:
(1) A fence shall not be out of vertical alignment by more than one foot (1') from the
vertical measured at the top of the fence; provided, however, a fence of four feet
(4') or less in height shall not be out of vertical alignment by more than six inches
(6 ") from the vertical measured at the top of the fence.
(2) Any and all broken, loose, damaged, insect damaged, or missing parts (i.e., slats,
posts, wood rails, bricks, panels) of said fences shall be replaced or repaired
within thirty (30) days of notification of non - compliance. Fences enclosing
swimming pools or spas must be repaired immediately in accordance with art. XII
of this chapter.
(3) Repairs of any nature shall be made with materials of comparable composition,
color, size, shape, and quality of the original fence to which the repair is being
made. Products manufactured for other uses such as plywood, corrugated steel, or
fiberglass panels are prohibited as fencing materials. Nothing herein shall be
construed so as to prohibit the complete or partial removal of a fence, unless such
fence is required by this code.
Section 3: Any person who fails to comply with Section 1 of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00). Any person who fails to comply with
Section 2 of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine not exceeding FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each
act of violation and each day upon which any such violation shall occur shall constitute a
separate offense. In addition to the penalty prescribed above, the city may pursue other remedies
such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of
licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmat�yGe vote of the City Council of the
City of Baytown, this the 27th day of October, 2016. /�
. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, Ci Ierk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C' Attorney
R:\Karen\File.City Council`. Ordinances\2016` October2T 0penStorage &Fencing.docx