HomeMy WebLinkAboutO-1205-10-93CITY OF ALLEN, TEXAS
PROPERTY MAINTENANCE ORDINANCE NO. 1205-10-93
Section 1 TITLE, PURPOSE, SCOPE .............................. 2
A. TITLE
B. PURPOSE
C. SCOPE
D. OTHER ORDINANCES
E. INTENT
Section 2 DEFINITIONS ...................................... 3
Section 3 ENFORCEMENT AND INSPECTION ....................... 6
Section 4 RESPONSIBILITY ................................... 7
Section 5 EXTERIOR GROUNDS _ _ _ _ _ _ _ _ _ _ _ _ _ R
A
TRASH, DEBRIS, AND OBJECTIONABLE MATTER ........
8
B
GRADING AND DRAINAGE ........................
8
C
SIDEWALKS..................................9
D
INSECT AND RODENT CONTROL ...................9
EGLARE
......................................9
F
TREES, SHRUBS, AND PLANTS .....................
9
G
WEEDS AND GRASS ............................9
H
ANIMAL PENS ...............................
10
I
ACCUMULATIONS OF FIREWOOD,
LUMBER, BOXES, ETC . .........................
10
JFENCES
....................................10
K
ACCESSORY STRUCTURES .......................11
L
SWIMMING POOLS AND SPAS AND HOT TUBS .........
11
M
ENCLOSURE OF SWIMMING POOLS, SPAS,
AND HOT TUBS ..............................
11
N
PRIVATE PARKING LOTS, DRIVES, AND STREETS ......
12
O
SOLID WASTE................................12
P
SCREENING WALLS ............................
14
Q
UNSAFE BUILDINGS AND STRUCTURES .............
15
R
BURNED STRUCTURE ..........................15
S
VACANT BUILDINGS ...........................
15
T
PARKING ON UNIMPROVED SURFACES ..............
16
Section 6 EXTERIOR OF STRUCTURE ........................... 17
Section 7 NOTICE OF VIOLATION AND ABATEMENT OF NUISANCES .... 19
Section 8 PENALTY ..................................... 20
Section 9 INJUNCTIVE RELIEF ................................ 20
Section 10 SEVERABILITY CLAUSE ............................. 20
Section 11 DECLARING AN EMERGENCY ......................... 20
ORDINANCE NO. 1205-10-93
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ESTABLISHING MINIMUM STANDARDS
AND REGULATIONS FOR THE USE, OCCUPANCY AND
MAINTENANCE OF ALL STRUCTURES, BUILDINGS AND
PROPERTY WITHIN THE CITY; PROVIDING FOR
RESPONSIBILITY FOR MAINTENANCE; ESTABLISHING
ENFORCEMENT PROCEDURES; PROVIDING FOR NOTICE
OF VIOLATION AND ABATEMENT OF NUISANCES;
PROVIDING FOR APPEALS; PROVIDING FOR RECOVERY
OF COSTS; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00)
DOLLARS FOR EACH OFFENSE; DECLARING AN
EMERGENCY; AND PROVIDING FOR AN EFFECTIVE
DATE OF NOVEMBER 17, 1993.
WHEREAS, the provisions of this Ordinance were recognized when the City Council approved the
Comprehensive Zoning Ordinance No. 829-11-87, and the 1992 update to the Comprehensive Plan
for the City of Allen; and,
WHEREAS, citizens of Allen had made a positive direct contribution as indicated by the results of
a survey when developing the update to the Comprehensive Plan; and,
WHEREAS, housing conditions, repair and maintenance, and environmental conditions must be
continuously monitored so as to not create slums and blight; and,
WHEREAS, surveys conducted and documented by the City staff show that some neighborhoods
and homes in the City are causing a health, safety or fire hazard to its citizens, and may have
reduced property values; and,
WHEREAS, the City Council after careful study, finds that it is in the best interest of the City of
Allen and its citizens to establish and maintain a property maintenance program; and,
WHEREAS, the City of Allen is authorized by Article 4436 of Vernon's Revised Texas Statutes
(1976) to require that property be maintained free from objectionable, unsightly, and unsanitary
matter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1: Title, Purpose, Scope
A. Title - That this ordinance shall be known as the "Property Maintenance Code" of the City
of Allen, and shall be referred to herein as "this Code."
B. Purpose - The purpose of this Code is to provide minimum standards and regulations to help
safeguard and preserve life or limb, property, and public welfare by regulating the use,
occupancy, and maintenance of all structures, buildings, and properties within the City.
C. Scope - This Code shall apply to all zoning districts, land, properties, structures, and
buildings within the City, including all vacant, occupied, residential, non-residential,
improved or unimproved land, properties, structures, and buildings.
D. Other Ordinances - If other ordinances of the City conflict with this Code and the standards
and regulations established herein, the stricter standard (or regulation) shall prevail.
E. Intent - It is the intent of this Code to regulate and control public nuisances and other
conditions and circumstances, as herein set forth, that adversely affect the health, safety, and
welfare of the general public; it is not intended that this Code be interpreted or enforced to
require the City to intervene in matters which are primarily personal or private in nature and
which may appropriately be resolved between or among private interests without material
danger to the public health, safety, or welfare.
Ordinance No. 1205-10-93 Page 2
SECTION 2: Definitions
Where terms are not defined, they shall have their ordinary accepted meaning within the context
with which they are used. Webster's Third New International Dictionary of the English Language,
Unabridged, copyright 1981, shall be considered as providing ordinary accepted meanings. Words
in the singular include the plural and the singular. Words in the masculine gender include the
feminine, and the feminine the masculine. The following terms are defined and shall apply to all
sections of this Code unless defined elsewhere in the Code:
Carrion - Dead or decaying animal, fowl or fish.
Enforcement Authority - The City Manager of Allen or the person or department to whom the City
Manager may delegate the enforcement responsibility.
Graffiti - Words, phrases, designs, symbolic letters or drawings, written, painted or scratched on
sidewalks, fences, windows, vehicles, walls or buildings, trees or other structure or property.
Hazardous Waste - Toxic, caustic, or flammable materials.
Infectious waste - A self waste containing pathogens or biologically active material capable of
transmitting disease such as animal and human blood or body parts, microbiological, and
pathological waste, needles, syringes, and sharps.
Junk - Used metals, materials, equipment, appliances, furniture, tires, engines, and parts, and other
manufactured or raw goods that are so worn, deteriorated, or obsolete as to make the item unusable
or inoperable in their existing condition, or is a potential safety or health hazard.
Nuisance -
1. Any attractive nuisance known in common law or in equity jurisprudence, including but not
limited to, any abandoned wells, shafts, basements, excavation, discarded refrigerators,
unsecured vacant building, inoperable motor vehicles, unprotected swimming pools, or any
structurally unsound fences or structures, or any gasoline, chemicals, lumber, trash, debris
or vegetation which are or may become hazardous.
2. Whatever is dangerous to human life or is detrimental to health and is contrary to the public
health, safety or welfare.
3. Inadequate or unsanitary sewage or plumbing facilities, allowing sewage on lots, grounds,
yard or any other place in the city, contrary to the public health, safety or welfare or in
violation of the codes and ordinances of the City and State.
4. Uncleanliness, contrary to the public health, safety or welfare or in violation of the codes
and ordinances of the City and State.
Ordinance No. 1205-10-93 Page 3
5. Whatever renders air, food, or drink unwholesome or detrimental to the health of human
beings, public health, safety or welfare, or in violation of the codes and ordinances of the
City and State.
6. Graffiti of any type.
7. Keeping, storing, or accumulating rubbish, including newspapers, abandoned vehicles,
refrigerators, furniture, tires, cans, etc., on premises in a neighborhood for 10 days or more,
unless rubbish or object is completely enclosed in a building or is not visible from a public
street.
8. Maintaining premises in a manner that creates an unsanitary condition likely to attract or
harbor mosquitoes, rodents, vermin, or disease -carrying pests.
9. Sewage, human excreta, wastewater, garbage, or other organic waste deposited, stored,
discharged or exposed in such a way as to be a potential instrument or medium in disease
transmission to a person or between persons.
10. A vehicle or container that is used to transport garbage, human excreta or other organic
material and that is defective and allows leakage or spilling of contents.
11. A collection of water in which mosquitoes are breeding in the City limits.
12. A place or condition harboring rats or breeding flies in a populated area.
13. Any other nuisance of public nuisance as defined by the codes and City ordinances.
Objectionable, unsightly, or unsanitary matter - Any matter or object which is offensive to ordinary
sensitivities of a person, is not conducive to high aesthetic appearance and quality of a home or
neighborhood, or is a health or safety hazard or a potential health or safety hazard.
Open Storage - The unscreened storage of new or used materials, salvaged items, inoperable or
unsightly vehicles and parts, or any item that will cause deterioration of property values.
Own er - Any person claiming the ownership or title of real or personal property, including, but not
limited to:
1. Holder of fee simple title.
2. Holder of life estate.
3. Holder of a leasehold estate for an initial term of five (5) years or more.
4. A buyer in possession, or having right of possession under a contract or deed.
5. A mortgagee, receiver, executor, or trustee in possession or control, or having right of
possession or control, of real property.
6. Any agent who is responsible for managing, leasing, or operation of property.
Pool - A permanent swimming pool, spa, hot tub over 18" deep located at ground level, above
ground or below ground, filled or empty.
Ordinance No. 1205-10-93 Page 4
Premises - Any parcel, lot or tract of land, including any structure, building, landscaping, trees, or
other structure or improvement located thereon.
Refuse/Rubbish - All decaying and nondecaying solid waste (except body waste) including, but not
limited to, garbage, rubbish, ashes, cans, papers, boxes, glass, and other matter commonly
understood as rubbish.
Screening Wall - Wood, vegetation, or a combination of both at least six feet in height.
a. Screening walls shall mean a solid, opaque screening fence or wall at least six (6)
feet in height; or
Vegetation consisting of solid hedgerow or evergreen shrubs, or trees, and shrubs,
providing full screening from the ground to a minimum of six (6) feet;
Any combination of the above; or
Any other form of compatible and appropriate screening as approved by the City of
Allen.
Structure - Any residential building, nonresidential building, dwelling, condominium, townhouse,
apartment unit, detached garage, shed, awning, fence, screening wall, sign, swimming pool,
excavation, or any other edifice, erection or material, or any other improvement placed or located
on any property within the City of Allen.
Tenant - Any person or agent who occupies a structure or property.
Unsafe Buildine - All buildings or structures which are structurally unsafe or not provided with
adequate egress or which constitute a fire hazard or are otherwise dangerous to human life, or
which, in relation to existing use, constitute a hazard to safety or health or public welfare by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or
abandonment, are, for the purpose of this section, unsafe buildings.
Unwholesome Matter - Any condition, object, or matter, whether decaying or nondecaying, which
may produce injury, disease, or death to human beings, directly or indirectly.
Ordinance No. 1205-10-93 Page 5
SECTION 3: Enforcement and Inspection
A. The enforcement authority for the ordinance shall be the City Manager of the City of Allen
or the person or department to whom the City Manager delegates the enforcement
responsibility.
B. Whenever it is necessary to make an inspection to enforce this Code, or whenever the
enforcement authority has reasonable cause to believe that there exists in any structure or
upon any property a condition or violation which is unsafe, dangerous or hazardous or
detrimental to the public interest, the enforcement authority may enter such structure or
property at all reasonable times to inspect the same; provided that if such structure or
property is occupied, the enforcement authority shall first present proper credentials and
request entry, and if such entry is refused, the enforcement authority shall have recourse to
every remedy provided by law to secure entry.
Ordinance No. 1205-10-93 Page 6
SECTION 4: Responsibility
A. Owner - Every owner of the premises shall maintain such premises in compliance with this
Code. An owner shall not let, rent, or lease a premises for occupancy or use, which does
not comply with the provisions of this Code.
B. Owner and tenant - Every owner and every tenant of the premises shall maintain the
premises in a clean, sanitary, and safe condition, including the disposal of rubbish, garbage,
organic or inorganic waste, junk, or other waste in a lawful manner.
Ordinance No. 1205-10-93 Page 7
SECTION 5: Exterior Grounds
A. TRASH, DEBRIS, AND OBJECTIONABLE MATTER
The regulation of objectionable matter is contained in City Code 6-31.
All exterior property shall be maintained in clean, safe, and sanitary condition. It shall be
unlawful to allow paper; wood; rocks; junk; appliances; furniture; dead grass; branches;
trash debris; carrion; improper composting; rubber tires; bottles; scrap metal; vehicle parts;
construction materials; fill materials; hazardous waste; i.e., chemicals, oils, solvents,
gasoline, paints, pesticides, cleaners, batteries; and other unwholesome matter, to accumulate
or remain on any piece of property to include easements so as to create a potential harbor-
age, or breeding place, for rats, vermin or insects, or in such a manner as to be oppressive
or injurious to the public health or unpleasant and disagreeable in sight or odor to persons
residing or occupying the premises or adjacent premises or to persons who may be in a
public place or public right-of-way.
B. GRADING AND DRAINAGE
1. All property shall be maintained so as to prevent the accumulation of stagnant, foul,
and offensive water thereon, or within or under any structure located thereon.
2. No filling or excavation shall be performed or constructed on any property without
City of Allen determination that there will be no adverse effect on an existing or
planned drainage pattern on an adjacent property. If it appears that drainage prob-
lems may result from filling, excavation, improvements, or landscaping, plans must
be submitted by the property owner with an engineer's seal.
3. It shall be unlawful to drain swimming pool backwash onto public or private
property. It is also unlawful to drain swimming pool water containing chemicals onto
adjacent private or public property, to include alleys. However, those pools built
prior to adoption of this ordinance shall maintain a nonconforming status until such
time as the Environmental Protection Agency or other Federal agency requires
enforcement by the City.
4. It shall be unlawful to impede the flow of water into any gutter or drainage ditch.
5. If dirt used for fill appears to the enforcement authority to be contaminated, the City
may require proof of noncontamination.
6. The draining or discharging of pesticides, grease, petroleum products, paints,
sewage, septic tank, or grease trap waste, cooling towers, etc., and toxic chemicals
onto any property, streets, alleys, or sewers is prohibited.
Ordinance No. 1205-10-93 Page 8
C. SIDEWALKS
All sidewalks, walkways, steps, and driveways located on all private property shall be
maintained in state of good repair. The owner and tenant of private property adjacent to all
public sidewalks, walkways, and steps shall keep such sidewalks, walkways, and steps and
free of mud, debris, or other obstruction that would impair or prevent their use.
D. INSECT AND RODENT CONTROL
Every owner and every tenant of a building, structure, or property shall prevent any
condition which can provide harborage and breeding of insects, rats, ants, vermin, mosqui-
toes, or other pests which can create a hazard or a nuisance to said building, structure, or
property, or are otherwise detrimental to the public health, safety, and welfare.
E. GLARE
Exterior lights placed or erected on private property shall be shielded, placed or erected so
as not to create a traffic hazard or a public nuisance.
F. TREES, SHRUBS, AND PLANTS
Trees that are dead or which are considered by the enforcement authority to be hazardous
to persons or property shall be removed by the owner.
G. WEEDS AND GRASS
The regulating of high weeds and grass is contained in City Code 6-31 and 6-32.
1. Weeds or grass shall be maintained at a height not exceeding twelve (12) inches.
2. All cut weeds, grass and shrubs or brush shall not be left or allowed to accumulate
on any public street, sidewalk or public way.
3. Weeds, grass, shrubs or brush shall not be deposited in any drainage ditch, inlet,
manhole, or storm sewer, or sanitary sewer system, or on any private or public
property.
4. The unpaved areas of the front yard shall be maintained with grass, ground cover,
or other type of landscaping to such an extent that the soil is not subject to erosion.
Ordinance No. 1205-10-93 Page 9
H. ANIMAL PENS
The regulating of animals can be found in City Ordinance 1144-11-92, Animals and Fowl.
1. All animal pens, runs, exercise areas, fenced areas, houses, structures and enclosures
shall be kept clean, sanitary, free from odor and excrement, insects, and other
unsightly or objectionable matter which constitutes a public nuisance or is otherwise
detrimental to the public health, safety, or welfare.
2. Pens and housing for animals shall be kept in a state of good repair.
I. ACCUMULATIONS OF FIREWOOD, LUMBER, BOXES, ETC.
Any lumber, boxes, barrels, bricks, stones, pipes, firewood, or any other character of
materials which may be used as a harborage by rats, rodents or other vermin, or in which
evidence of rats, rodents or other vermin is found shall be separated from a fence owned by
adjacent property owner a minimum of three (3) feet; and elevated not less than six (6)
inches above ground, with a clear intervening space underneath.
J. FENCES
1. All fences shall be maintained structurally sound and not be out of vertical alignment
more than twenty (20) percent.
2. All damaged, rotting, removed, or missing portions shall be replaced with
comparable materials to the remaining portion of the fence and shall be kept free
from deterioration.
3. A fence that has deteriorated to a condition that it is likely to fall shall be repaired,
replaced, or removed.
4. Fences shall not be externally braced in lieu of replacing or repairing posts, columns,
or other structural members.
5. All damaged or missing parts of chain link or metal fences shall be replaced or
repaired.
Ordinance No. 1205-10-93 Page 10
K. ACCESSORY STRUCTURES
1. Carports, awnings, patio covers, detached garages, sheds, storage buildings, benches,
and other accessory structures shall be maintained structurally sound, and free of
deterioration. All accessory structures shall be protected from the elements by
periodic painting, staining, or other waterproofing or surface protection.
2. Structures such as tree houses, forts, skateboard ramps, etc., shall not be allowed in
the front yard.
L. SWIMMING POOLS AND SPAS AND HOT TUBS
1. Swimming pools, spas, and similar structures above ground, on ground, or in
ground, shall be maintained safe, clean, sanitary, secure, and structurally and
mechanically sound in accordance with applicable City codes.
2. The dumpsite for pool excavation shall be approved by the City at the time of plan
review.
M. ENCLOSURE OF SWIMMING POOLS, SPAS, AND HOT TUBS
1. Single Family
a. Every outdoor swimming pool, spa, and hot tub shall be completely enclosed
by a fence or wall not less than six feet (6') in height.
b. All gates or doors shall be equipped with a self-closing and self -latching
device. The latching device shall be located on the pool side on the upper
quarter of the gate.
C. Prior to excavation, a temporary fence shall be installed and maintained until
completion of the pool.
2. Multi -family Requirements
a. Every outdoor swimming pool, spa, and hot tub shall be completely enclosed
by a fence or wall not less than six feet (6') in height.
b. Openings under the pool yard enclosure may not allow a sphere four inches
(4") in diameter to pass under the pool yard enclosure.
C. If the pool yard enclosure is constructed with horizontal and vertical
members, and the distance between the tops of the horizontal members is at
least 45 inches, the openings may not allow a sphere four inches (4") in
diameter to pass through the enclosure.
Ordinance No. 1205-10-93 Page 11
d. If the pool yard enclosure is constructed with horizontal and vertical
members, and the distance between the tops of the horizontal members is less
than 45 inches, the openings may not allow a sphere 13/4 inches in diameter
to pass through the enclosure.
e. If the pool yard enclosure is constructed with diagonal members and no
vertical members, such as a lattice fence, the openings may not allow a sphere
13/4 inches in diameter to pass through the enclosure.
f. If the pool yard enclosure is constructed with chain link metal fencing materi-
al, the openings may not allow a sphere 11/ inches in diameter to pass
through the enclosure.
g. Decorative designs or cutouts on or in the pool yard enclosure may not
contain any openings greater than 1-% inches in any direction.
h. Permanent equipment or structures may not be constructed or placed in a
manner that makes them readily available for climbing over the pool yard
enclosure. '
i. All gates or doors shall be equipped with a self-closing and self -latching
device. The latching device shall be located on the upper quarter of the gate.
N. PRIVATE PARKING LOTS, DRIVES, AND STREETS
Private parking lots, drives, and streets, and improved surfaces shall be maintained in good,
safe condition and be free of litter, holes, excavation, protrusions, cracks, or other failures
that may affect the use, safety, appearance, or drainage of the property or of the adjoining
property.
O. SOLID WASTE
The regulation of solid waste is contained in City Ordinance No. 468-10-83.
1. Receptacles
a. Garbage and trash shall be placed in plastic bags which are tightly secured at
the opening or waterproof containers with tight fitting lids. Grocery paper
bags shall not be used. Plastic garbage bags and covered waterproof contain-
ers must be secure in such manner as to render contents inaccessible to
insects, rodents, and other animals.
b. Brush shall be placed in- plastic garbage bags or tied in three-foot bundles.
C. Boxes, cartons, bulky items, shall be secured as to prevent their scattering.
Ordinance No. 1205-10-93 Page 12
d. Garbage containers' cleanliness and integrity shall be maintained and, when
damaged, replaced by user, occupant or owner of containers.
e. All trash and garbage containers shall be placed for collection not earlier than
6:00 p.m. prior to the day of scheduled collection. No empty containers shall
be allowed to remain at the collection point after the day of the scheduled
collection.
Exception: Covered containers that are stored on a permanent structure at the
trash pick-up point need not be removed.
f. Unauthorized use of receptacles. It shall be unlawful to deposit debris, gar-
bage, trash, or brush in a container or on private property of another without
the consent of the owner of such container or property.
g. No infectious wastes shall be deposited at any location within the City regard-
less of consent of the property owner. The disposal of infectious waste will
be in accordance with Texas State Health Regulations. The disposal of
household hazardous wastes will be in accordance with the regulations and
policies stipulated by the Texas State Health Department and Texas National
Resource Conference Commission.
2. Dumpsters and Recycling Containers
a. Dumpsters and recycling containers shall be maintained in safe, clean, painted
and sound condition.
b. Commercial customers shall insure that no liquid waste of any type is placed
in their containers and that no solid waste is placed outside the container.
C. Dumpsters, if enclosed, shall have 6 -foot minimum enclosure or screened
from public view and be provided with an opening of at least twelve feet (12')
for collection access.
d. A three -sided enclosure is preferred, but if gates or used, they must be kept
closed and in good repair.
e. The dumpster and recycling container shall be placed on a concrete or
machine -laid asphalt pad. Pads in front of the container to support front
wheels of collector vehicle also shall be provided.
f. The maintenance and upkeep of the containers and enclosure shall be the
responsibility of the property owner in accordance with the contract with the
hauler.
Ordinance No. 1205-10-93 Page 13
g. The location of dumpsters and recycling containers as well as design standards
of enclosure and pads shall be submitted to the Department of Community
Development for approval at the time a certificate of occupancy is requested.
3. Each contractor and property owner shall be responsible for a construction site so that
building materials and debris will be contained on the site of construction. Litter or
other debris including dirt and mud deposited as a result of normal construction,
remodeling, or landscaping process upon any public place or private premises, shall
be removed by the contractor and/or property owner.
4. Dumping or Littering
a. Dumping of any residential or commercial garbage, rubbish, brush, junk,
stone construction materials, appliances, furniture, grease, solvents, petroleum
products, vehicle and vehicle parts in any place and in any manner is
prohibited.
b. The hauling of materials and waste without proper containment is prohibited.
C. It is in violation of this section for property owners to allow dumping or
littering to take place on any property under their control and supervision.
P. SCREENING WALLS
1. Open Storage of Materials and Equipment
a. Commercial/Industrial - All commercial businesses with open storage of
materials, equipment, etc., shall visually screen such storage from residential
property as well as from the public view.
b. Open storage shall not be permitted in the front yard, in a carport, or on an
unenclosed front porch of any residential dwelling. Open storage shall be
screened from adjacent properties and streets by a six-foot (6') solid wood
screening fence.
2. The open storage of furniture other than furniture designed for outside use, household
items, products of a commercial trade or business enterprise, whether such items are
used or new, items of salvage such as scrap metal, papers, cans, lumber and building
materials not currently being used or held for immediate use upon the premises and
inoperable, unused or unsightly vehicles, motorized or otherwise, and other materials,
shall be a violation of this section.
3. Storage of Vehicles in a Residential District -
It shall be unlawful and a nuisance for any person to allow any wrecked, dismantled
or partially dismantled automobile or truck upon real property owned, controlled, or
occupied by said person to be continuously stored for a period in excess of forty-five
(45) days from the date of notification, unless such motor vehicle is screened from
Ordinance No. 1205-10-93 Page 14
public view by a solid screening wall not less than six (6) feet in height. The
regulation of abandoned and junk vehicles is contained in Allen City Code of
Ordinances 9-321, Article XII.
Q. UNSAFE BUILDINGS AND STRUCTURES
All unsafe buildings are hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance with this Code.
R. BURNED STRUCTURE
Whenever any building or structure in the City is partially burned, the owner or person in
control shall, within thirty (30) days, upon notification by Fire Department that all
investigations are complete, remove from the premises all refuse, debris, charred and
partially burned lumber and material. If such building or structure shall be burned to such
an extent that it is rendered incapable of being repaired, the owner or person in control shall,
within sixty (60) days, upon notification by Fire Department that all investigations are
complete, after receiving notice from the enforcement authority, remove from the premises
all the remaining portion of the building or structure. If the building or structure is to be
repaired, work shall begin within sixty (60) days and progressively be completed in 120
days.
S. VACANT BUILDINGS
Every vacant dwelling, house, building (residential or commercial) or other similar structure
within the corporate limits of the City of Allen, Texas, shall comply with the following
requirements:
1. All exterior doors and windows shall be kept in sound working condition and free of
broken glass.
2. All exterior doors shall be equipped with a workable lock or locking device and shall
be kept securely locked during the period of time said building is vacant.
3. All windows shall be secured by a latch, lock or other means so as to prevent easy
entry into said structure by children, vagrants or other unauthorized persons.
4. All exterior walls and roof shall be kept in good repair and free of holes, cracks,
defective materials and structural deterioration so as to keep such building from
becoming a breeding place for rodents, roaches and disease carrying insects.
5. Both the interior and exterior of said building and the premises thereon shall be kept
free of any accumulation of paper, hay, moss or other flammable or combustible
rubbish or waste material or sufficient quantity to constitute a danger to said building
or any other building or premises in case such waste material should become ignited.
Ordinance No. 1205-10-93 Page 15
6. Both the interior and exterior premises shall be kept free of any accumulation of
trash, garbage rubbish or any waste material of such quantity as to constitute an
unsanitary condition.
7. Fences shall be maintained in good repair and gates locked at all times.
T. PARKING ON UNIMPROVED SURFACES
1. It shall be unlawful for the owner, occupant, or person in charge of property zoned
for residential, duplex, townhouse, or apartment uses to permit the parking, standing,
or storing of automobiles, buses, trucks, tractors, motorhomes, motorcycles, mopeds,
farm machinery, all -terrain vehicles, boats, aircraft, recreational vehicles, golf carts,
go carts, trailers, campers, camper shells, wheeled towing frames, semi -tractor
trailers, truck beds mounted on chassis, mobile homes, all vehicles motorized and
nonmotorized, within the front yard. Boats or recreational vehicles only may be
parked in side or rear yard only if screened from view of street or located upon an
approved parking pad.
2. Front entry homes - Passenger motor vehicles or light trucks (one ton), house
trailers, motorhomes, camper cabins, motorcycles, trailers, boats and similar
equipment may be permitted to park on a standard driveway within the required front
yard. A standard driveway is defined as the pavement between the street and the
garage or carport, which is to be no wider than the width of the garage or carport
which it serves, or twenty-two feet (22% whichever is greater, or a paved circular
driveway which is intended to facilitate easier access to the main entrance of the
premises. Vehicles must be wholly parked or stored within the property line, be in
a good state of repair, maintained in such condition as not to be unsightly, and
parked or stored in a safe manner, so as to protect the health and safety of all
persons.
3. Corner residential lots shall maintain two (2) front yards (street side yard). Above-
described front yard requirements shall apply to both yards.
Ordinance No. 1205-10-93 Page 16
SECTION 6: Exterior of Structure
A. General - The exterior of a structure shall be maintained structurally sound.
B Structural members - All supporting structural members of all structures shall be kept
structurally sound, free of deterioration and maintained capable of safely bearing the dead
and live loads upon them.
C. Exterior surfaces - The foundation, exterior wall, floor, roof, and all exterior surfaces of
every structure shall be maintained in a state of repair sufficient to exclude rats, rodents,
birds, vermin and other animals. Pealing paint, cracked or loose plaster, broken glass,
decayed wood and other defective surface conditions shall be repaired, replaced or restored.
D. Foundation walls - All foundation walls shall be maintained so as to safely carry applicable
dead and live loads that are imposed upon the foundation walls.
E. Exterior walls - The exterior wall of every structure shall be free of holes, breaks, loose or
rotting boards or timbers, and any other conditions which might admit rain or dampness to
the interior portions of the walls or to interior of the structure. The exterior wall surface
materials of every structure shall be maintained weatherproof or the surface protected as
required to prevent deterioration.
F. Roofs - The roof of every habitable structure shall be structurally sound, tight, and free of
leaks, and roof drainage shall be adequate to prevent rain water from causing dampness in
the walls or interior portion of the structure.
G. Decorative features - The cornices, entablatures, belt courses, corbels, terra cotta trim, wall
facings and similar decorative features of every structure shall be maintained in good repair
with proper anchorage and in a safe condition.
H. Exterior Attachments - All exterior canopies, marquees, signs, awnings, stairways, fire
escapes, standpipes, rain gutters, exhaust ducts and similar overhang extensions attached to
a structure shall be maintained in good repair and be properly anchored so as to be kept in
a safe and sound condition, and their exterior surface materials shall be maintained weather-
proof and shall be surface coated or protected as required to prevent deterioration.
I. Chimneys - All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be
maintained structurally safe, sound, properly mortared and in good repair, and their exterior
surface materials shall be maintained weatherproof and shall be surface coated or protected
as required to prevent deterioration.
Ordinance No. 1205-10-93 Page 17
J. Stairs and porches - Every stair, porch, balcony, and all appurtenances attached thereto shall
be so constructed as to be safe to use and capable of supporting the loads to which it is
subjected and shall be kept in sound condition and good repair, and their exterior surface
materials shall be maintained weatherproof and shall be surface coated or protected as
required to prevent deterioration.
K. Window and door frames - The windows, doors, and frames of every habitable structure
shall be constructed and maintained in good repair so as to exclude rain as completely as
possible from entering the dwelling or structure and weatherproofed to prevent deterioration.
L. Weathertight - The windows and exterior doors of every habitable structure shall be fitted
in their frames so as to be reasonably weathertight and shall be kept in sound condition and
good repair.
M. Door Hardware - The exterior doors, door hinges, and door latches of every structure shall
be maintained in good condition. Door locks in exterior doors of dwelling units shall be
maintained in good repair and capable of tightly securing the door.
N. Garage Doors - Shall be capable of being closed reasonably plumb, properly attached and
the exterior surface maintained weatherproof as required to prevent deterioration.
Ordinance No. 1205-10-93 Page 18
SECTION 7: Notice of Violation and Abatement of Nuisances
A. In the event a nuisance as defined by this ordinance is found to exist upon any property
within the City, or in the event that any person, firm, or corporation owning, claiming,
occupying or having supervision or control of any property within the Allen City limits, fails
to comply with the foregoing provisions of this ordinance, it shall be the duty of the
enforcement authority or his duly appointed representative to give a minimum of ten (10)
days official notice in writing to such person, firm, or corporation which is creating such
nuisance or is violating the terms of this ordinance. If such person, firm or corporation fails
or refuses to comply with the provisions of this ordinance within the specified period, they
shall be considered to be in violation and subject to the fine and penalties as provided by this
ordinance.
B. The notice shall be in writing and may be served on the property owner, occupant, or agent
of same by handing it to him in person, by regular mail, addressed to such owner, occupant,
or agent, at his post office address or if the same cannot be found and letter is returned,
then by posting such notice on the front door of the dwelling or establishment.
C. The provisions above shall apply to all real properties occupied or unoccupied, except that
the requirement of a ten-day (10 -day) official notification is met and fulfilled when the
enforcement authority has given a ten-day (10 -day) notice in writing at least one (1) time in
any calendar year, in which case a citation may be issued without additional notice to the
violator.
D. The city shall be further entitled to go upon such above properties and do or cause to be
done the work necessary to abate any public nuisance or violations existing if such person,
firm, or corporation fails or refuses to comply with the provisions of this ordinance within
the specified period following official notification.
E. If a person, firm, or corporation having supervision or control of the premises cannot be
located, or when immediate abatement is deemed necessary by the City of Allen for public
health, safety and general welfare of its citizens, said City may initiate the abatement
process.
F. All costs for abatement of any public nuisance or violation, or any part thereof, shall be
actual costs but not less than $25.00 plus a fee of $50.00 for administrative costs in addition
to costs for mailing notices and filing of a statement with the County Clerk and interest
levied, assessed and collected against such property upon which such nuisance or violation
or any part thereof, is located. If any owner of such property shall fail to pay the costs so
assessed within thirty (30) days after being notified of such costs, the City shall file with the
County Clerk of Collin County, Texas, a statement of said costs. The City of Allen shall
have a privileged lien on the premises upon which work was done or improvements made,
second only to tax liens and liens for street improvements, to receive the costs so made and
ten percent (10%) interest on the amount from date payment is due. For any such costs, and
interest, suit may be instituted in the name of the City of Allen, Texas, and the statement
of costs, as provided previously in this ordinance, shall be prima facie proof of the costs
expended in such work.
Ordinance No. 1205-10-93 Page 19
SECTION 8: PENALTY
Any person violating any of the provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction in the Municipal Court shall be subject to a fine not to
exceed two thousand dollars ($2,000.00) for each offense, and each day such violation
continues, it shall constitute a separate offense.
SECTION 9: INJUNCTIVE RELIEF
In addition to and cumulative of all penalties, the City shall have the right to seek injunctive
relief for any and all violations of this ordinance.
SECTION 10: SEVERABILITY CLAUSE
If any section, subsection, paragraph, clause, phrase, or provision of this ordinance shall be
judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as
a whole or portion thereof, other than that portion so decided to be invalid or
unconstitutional. All other portions shall remain in full force and effect.
SECTION 11: DECLARING AN EMERGENCY
The fact that the present ordinances of the City of Allen, Texas, do not adequately regulate
property maintenance within the City creates an urgency and an emergency in the
preservation of the public health, safety, welfare, and property values and requires that this
ordinance shall take effect on November 17, 1993, after the passage and publication of the
caption of said ordinance as the law in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 7TH DAY OF OCTOBER, 1993.
APPROVED AS TO FORM:
A. Don Crowe , A Y
APPROVED:
�P
oe Farmer, MAYOR
ATTEST:
J y M icon, CMC, CITY SECRETARY
Ordinance No. 1205-10-93 Page 20
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Sunday October 3, 1993 & Wednesdya October 6, 1993_
and which was issued on October 3, 1993
,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this day of 'A.D. 19_L3
V. A. TODD
W COMMISSION WR
December 5,1996
PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $24.76
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on October
7, 1993, at 7:30 p.m. in the Council Cham-
bers of the Allen Municipal Annex, One
Butler. Circle, Allen, Texas, to hear public
input on the subject of Council considera-
tion of a Property Maintenance Ordinance
dealing with the enforcement of exterior
grounds and exterior maintenance of all
structures, buildings and property within
the City of Allen.
Those wishing to speak either FOR or
AGAINST this issue are invited to attend
this public hearing and'voice their opinion.
For further information, contact the Depart-
mentof Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120.
Is/ Judy Morrison
City Secretary`
^� CITY OF ALLEN
--NOTICE OF PUBLIC HEARING
f Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on October
T-1093, at 7:30 p.m. in the Council Cham-
be�rs,of,the Allen Municipal Annex, One
h Butler Circle, Allen, Texas, to hear public
input on the subject of Council considera-
tion of a Property Maintenance Ordinance
dealing -with the enforcement of exterior
+ grgunds and exterior maintenance of all
structures, buildings and property within
i th&CA_ty,of Allen. 1
Those iwishing to speak either FOR or
r AGAINST this issue are invited to attend
this public hearing and voice their opinion.
Fdffurther information, contact the Depart-
mAnt;of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120.
/sl,Judy Morrison
CityySeeretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ALLEN
PUBLIC NOTICE
Uotice is hereby given that the Allen City
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
ouncil adopted the following ordinance at
TACKETT, who havingbeen b me duly sworn, on oath deposes and says:
Y Y P Y
heir regular meeting held on Thursday,
)cf8ber 7, 1993 (Title and Penalty Clause
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published ini*)ru.
)tdutzince No. 1205-10-93: An•Ordinance
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation iifltHe City of alien, Collin County, Texas,
said county, and having been published regularly and continously for more than twelve (12)
egishinforinius Standards
,
months prior to publishing
491ntbnance of all Structures, Buildings
�rfd'Prbperty Within the City; Providing for
Ordinance #1205-10-93
tesfpbnsibilityfor Maintenance; Establish -
+fthforcement Procedures; Providing for
16669•of Violation'and Abatement of Nw-
a t ds; Providing for Appeals; Providing
iffkecovery of Costs; Providing for a Peh-
It916f Fine not to Exceed the Sum of Two
of which the attached is a true and written co and -which was published in THE ALLEN
PY� P
ifiabj a lacing an E DollarsforEach ro-
,fl�i Declaring an Emergency; and Pro -
AMERICAN on
iding an Effective Date of November 17,
998.+
Wednesday, October 1 3 , 1993 & Sunday October 17, 1993
hdt'gny person,•firm or corporation violat-*
Ig,13ny of the provisions or terms of this
rdinance shall be subject to the same
and which was issued on October 13 , 1993
srialfy as provided for in Comprehensive
o_n_i_ Ordinance No. 829-11-87„,of theft
_ngAllen,
iiyy as heretofore amended, and
by City of Allen of COLLIN COUNTY, TEXAS.
?on conviction shall be punished by a fine
A to exceed the sum of Two Thousand
ollars ($2,000.00) for each offense.
A Tinted co of said publication is attached hereto.
P PY P
-`copji of this ordinance may be read or
archased in the office of the City Secret-
fy,"City of Allen, One Butler Circle, Allen,
3)ta3 75002.
I Uiidy' Morrison +
ity Secretary
RI IR14r:RIgED AND SWORN to before me this �� day of /� AD 19 93
V. A. TODD
W COMMISSION EXPIRES
December 5,1896-•
Publisher's fee $40.50
in and for COLLIN COUNTY, TEXAS
CITY OF ALLFEN
PUBLIC NOTICE
Notice is hereby given that the Alleh City
Council adopted the following ordinance at
their regular meeting held on Thursday,
October 7, 1993 (Title and Penalty Clause
tonly):
Ordinance No. 1205-10-93- An Ordinance
of the City of Allen, Collin County, Texas,
hEstablishing Minimum Standards and
Regulations for the Use, Occupancy and
Maintenance of all Structures, Buildings
and Property Within the City; Providing for
Responsibility for Maintenance; Establish-
ing Enforcement Procedures; Providing for
Notice of Violation and Abatement of Nui-
sances; Providing for Appeals; Providing
for Recovery of Costs; Providing for a Pen-
ialty of Fine not to Exceed the Sum of Two
`Thousand ($2,000.00) Dollars for'Each Of-
tfense; Declaring an Emergency; and Pro-
viding an Effective Date of November 17,
1993.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be, subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
Is/ Judy Morrison
City Secretary
s