Ordinance No. 7,085Published: Baytown Sun 940908 -3
Wednesday, September. 14;_.1994 ORDINANCE NO. 7085
Thursday, . September: 15.,,,1.91A. .
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 17 "MISCELLANEOUS PROVISIONS AND OFFENSES,"
ARTICLE I "IN GENERAL," BY ADDING SECTION 17 -17, ET SEQ.
"NUISANCES GENERALLY" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION; AND
PROVIDING THE EFFECTIVE DATE THEREOF.
Section 1: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -17 "Nuisances
Generally," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended by adding Sections 17 -17 "Nuisances Generally" to
read as follows:
Article 1. In General
Sec. 17 -17 Nuisances Generally.
Sec. 17 -17.1 Definitions.
As used in this section the following terms shall have
the respective meanings ascribed to them:
Any Thing or Condition. Any kind of business, mercantile
manufacturing plant, establishment, foundry, slaughterhouse,
or hog, cow, horse or any other animal or pen, stable or yard
where same are kept, poultry of any kind or houses and
premises kept for same and the specifications of the above do
not exclude any other thing or condition producing or
maintaining the effects or results of a nuisance prescribed
herein.
Nuisance. Any thing or condition existing within the city or
within the area extending five thousand feet (5,0001) adjacent
to the city, which is per se or by reason of its use,
maintenance, location, occupation, operation, neglect or
misuse, offensive, injurious, vexations, annoying or
unwholesome to the inhabitants of the city or directly to one
(1) or more of them, or detrimental to their health, peace,
comfort, convenience or to their home life, including the
elements constituting a nuisance prescribed by common law or
the statutes of this state.
Sec. 17 -17.2 Nuisances Prohibited.
It shall be unlawful for any person to so own, use,
conduct, control, maintain, operate or locate any thing or
condition within the city or within the area within five
thousand feet (5,0001) adjacent thereto, whereby the same is
then and there a nuisance per se, or becomes or has become a
nuisance.
940908 -3a
Sec. 17 -17.3 Exception.
Exclusive of nuisances relating to noise, vibration,
drainage or flood control, and pollution performance
standards, it is an exception to the application of 5 17 -17.2
of this section if the property within five thousand feet
(5,0001) of the city limits is within an industrial district
and if an express, written agreement exists between the
owner of the property and the City to not apply or purport to
apply any ordinance, rule or regulation to such property.
Sec. 17 -17.4 Public Hearing on Nuisances.
(a) The Council, upon receiving a complaint as to the
existence of such a nuisance when it is not otherwise defined
by this Code of Ordinance or state statute, may set a day for
hearing as to the same, sitting as in the nature of a court of
inquiry, and shall notify all persons involved or interested
in the subject to appear and to give testimony therein, and
the Council shall, as far as practicable, receive and obtain
all the facts in the premises. The Council shall form the
evidence and arguments had before it, and determine whether
there exists a nuisance in the particular case for which the
hearing is had. Such decision shall be based on all of the
relevant provisions of this section.
Sec. 17 -17.5 Notice to Owner to Remove Nuisance.
The Council, if after hearing determines that a nuisance
does then exist, shall issue an order, entered in the minutes
of the Council, and cause it to be served upon the person
responsible for the nuisance, to remove or abate the same
within ten (10) days, or within a longer time if set by the
Council. If such responsible person fails or refuses to
comply with this order he or she shall be deemed guilty of a
misdemeanor. Each day such offense persists shall constitute
a separate offense.
Sec. 17 -17.6 Penalty.
An offense under this section is a misdemeanor and any
person who shall violate any provision of this section shall,
upon conviction, be fined an amount not to exceed two thousand
dollars ($2,000.00). Each day of the continuance of such
violation shall be considered a separate offense and each and
every day shall constitute a separate violation.
Section 2: 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
940908 -3b
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 3: If any provisions, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such
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 4: 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 affirmative vote of the
City Council of the City of Baytown this 8th day of September,
1994.
'�i& C'. CLG
PETE C. AL O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, ., City Attorney
b:k1h3lnuisance