Ordinance No. 8,738991028 -10
ORDINANCE NO. 8738
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER
42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC HEALTH HAZARDS,"
DIVISION 1 "GENERALLY," SECTION 42 -31 "PRESUMPTION OF KNOWLEDGE"
AND DIVISION 2 "PUBLIC HEALTH NUISANCES," SECTION 42 -64 "NOTICE,"
SECTION 42 -65 "ABATEMENT," SUBSECTIONS (A) AND (C), AND SECTION 42-
66 "REMOVAL BY CITY" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE 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 1 "Generally," Section 42 -31 "Presumption of knowledge" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
Division 1. Generally
Sec. 42 -31. Presumption of knowledge.
In any prosecution authorized by this article, the actor's intent or knowledge shall be presumed if
actual notice is shown or seven days have elapsed after notice was mailed by regular U.S. mail to the
owner or occupant of the premises.
Section 2: That Chapter 42 "Health and Sanitation," Article II "Public Health Hazards,"
Division 2 "Public Health Nuisance," Section 42 -64 "Notice" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
Division 2. Public Health Nuisances
Sec. 42-64. Notice.
(a) Whenever conditions described in this division are found to exist, any person authorized to
enforce this article pursuant to section 42 -27 shall give actual notice to the owner, occupant or
person in charge of the offending premises, shall send notice by first class mail to the last known
address of the owner, occupant or person in charge of the offending premises as recorded in the
appraisal district records of the appraisal district in which the property is located; or shall give
notice if personal service cannot be obtained:
0 (1) by publication at least once;
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(2) by posting the notice on or near the front door of each building on the property to which
the violation relates; or
(3) by posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates if the property contains no buildings.
A notice which the United States Postal Service returns as "refused" or "unclaimed" shall not
affect the validity of the notice and the notice shall be considered delivered. Such notice shall be
sufficient if it generally describes the offending premises, gives notice of the objectionable
conditions and advises of the time allowed to cure the conditions and the consequences of failure
to cure.
(b) The city in the notice of a violation may inform the owner by regular mail and a posting on the
property, that if the owner commits another violation of the same kind or nature that poses a
danger to the public health and safety on or before the first anniversary of 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 the one -year period and the city has not been informed in writing by the owner of an
ownership change, the city without notice may take any action permitted by section 42 -65 and
assess its expenses as provided by section 42 -66.
Section 3: That Chapter 42 "Health and Sanitation," Article II "Public Health Hazards,"
Division 2 "Public Health Nuisance," Section 42 -65 "Abatement," Subsections (a) and (c) of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
Division 2. Public Health Nuisances
Sec. 42-65. Abatement.
(a) Under this division, the condition shall be deemed cured when within seven days after the mailing
of the notice described in section 42 -64:
(1) The offending premises is cleaned up, which clean up may include the filling and
draining of areas that are unwholesome, contain stagnant water, or in a condition that
may produce disease; and
(2) If required in the notice described in section 42 -64, a receipt showing proof of proper
disposal of waste at a state - approved waste disposal facility has been delivered to the
person who sent the notice of the offending condition. The receipt must contain the date,
time, amount disposed of, cost of disposal and the name of the approved solid waste site
where the objectionable materials were taken.
(c) In any prosecution authorized by this article, the actor's intent or knowledge shall be presumed if
actual notice is shown or seven days have elapsed after notice was mailed by regular U.S. mail to
the owner, occupant or person in charge of the premises.
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® Section 4: That Chapter 42 "Health and Sanitation," Article II "Public Health Hazards,"
Division 2 "Public Health Nuisance," Section 42 -66 "Removal by city" of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
Division 2. Public Health Nuisances
Sec. 42 -66. Removal by city.
On failure to comply with the notice within seven days, as set out in section 42 -64, the city may
enter onto such premises to remove and eliminate such offending conditions, in addition to filing any
applicable charges. The owner of such premises will be charged the actual costs of such removal and
elimination, plus an administrative charge of $100.00.
Section 5: 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 6: 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 7: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Ba y town" .th %s,t ;28U day of October, 1999.
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7AT TEST :.
EILEEN P. HALL; City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, R. City Attorney
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PETE C. ALFARO, Mayor
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