O-1429-5-96r�1�Y�f:f1�1 E -P,
CITY OF ALLEN
PROPERTY MAINTENANCE
ORDINANCE
NO. 1429-5-96
CITY OF ALLEN, TEXAS
PROPERTY MAINTENANCE ORDINANCE NO. 1429-5-96
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 .......................................
8
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
J Fences ............................................
10
K Accessory Structures ...................................
10
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 Open Storage ........................................
14
Q Unsafe Buildings and Structures ......... ....................
15
R Burned Structure ......................................
15
S Vacant Buildings ......................................
15
T Parking and Storage of Vehicles ............................
16
Section 6
EXTERIOR OF STRUCTURE ..................................
17
Section 7 NOTICE OF VIOLATION AND ABATEMENT OF NUISANCES .......... 19
Section PENALTY ............................................ 20
Section 9 INJUNCTIVE RELIEF ....................................... 20
Section 10 SEVERABILITY CLAUSE .................................... 20
Section 11 DECLARING AN EMERGENCY ................................ 20
ORDINANCE NO, 1429-5-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, REPEALING ORDINANCE NO. 1205-10-93; ADOPTING
NEW MINIMUM STANDARDS AND REGULATIONS FOR THE
USE, 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.
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 has conducted continuing studies of Property Maintenance Ordinance
No. 1205-10-93; 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 repeal Ordinance No. 1205-10-93 and adopt certain revisions thereto to
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 and
maintenance of the exterior 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. 1429-5-96 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 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, 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. 1429-5-96 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, 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 or 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, vehicle parts, or
any item that will cause deterioration of property values.
Owner - 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.
Ordinance No. 1429-5-96 Page 4
Pool - A permanent swimming pool, spa, hot tub over 18" deep if public or semi-public, and 3' deep
if private, located at ground level, above ground or below ground, filled or empty.
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 Building - 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. 1429-5-96 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 upon any property a
condition or violation which is unsafe, dangerous or hazardous or detrimental to the public
interest, the enforcement authority may enter upon such 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. 1429-5-96 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. 1429-5-96 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 harborage, 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 problems
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. 1429-5-96 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 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, mosquitoes, 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 AND DIRECT ILLUMINATION
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. They shall be located so as to not
produce direct illumination across the bounding property line.
F. TREES, SHRUBS, AND PLANTS
Trees, shrubs, and plants 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. 1429-5-96 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.
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.
Ordinance No. 1429-5-96 Page 10
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. Private
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 at least 4'/z feet
from the ground.
C. Prior to excavation, a temporary fence shall be installed and maintained until
completion of the pool.
2. Public and Semi-public
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.
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/a 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/a
inches in diameter to pass through the enclosure.
Ordinance No. 1429-5-96 Page 11
f. If the pool yard enclosure is constructed with chain link metal fencing material,
the openings may not allow a sphere 1'/a 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 13/a 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 at least 4'/a feet from the ground.
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 and 1216-1-94.
1. Polycarts
a. All garbage and trash shall be placed inside polycarts. Polycarts shall be kept
closed to prevent littering and to render contents inaccessible to insects,
rodents, and other animals.
b. Construction materials shall not be placed in polycart.
C. Grass clippings and leaves shall not be commingled with garbage or trash.
d. Cleanliness and integrity of polycart shall be maintained and when damaged,
replaced by user, occupant or owner of company.
2. Residential Recycling Containers
a. Recycled items shall be secured or contained to prevent littering.
3. Bulky Item Pickup
a. Bulky items shall be contained to prevent littering.
Ordinance No. 1429-5-96 Page 12
4. Placement of Containers
All polycarts, bulky items, tree trimmings, recycling containers, and grass clippings
to be collected streetside shall be placed for collection not earlier than 6:00 P.M. prior
to the day of scheduled collection. No empty polycarts or recycling containers shall
be allowed to remain at the street -side collection point after 12:00 midnight of the
scheduled pick up day.
5. Commercial 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. Dumpster lids, if provided, must be kept closed at all times.
e. A three -sided enclosure is preferred, but if gates are used, they must be kept
closed and in good repair.
f. 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.
g. 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.
h. 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.
Ordinance No. 1429-5-96 Page 13
6. Construction Site
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.
A temporary container, measuring 32 square feet of surface, 4 -foot high, is required
on the construction site to contain the litter generated from construction or construction
workers. When the trash container is full, the trash shall be disposed of immediately.
7. 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.
8. Infectious or Hazardous Waste
a. No infectious or hazardous wastes shall be deposited at any location within the
City regardless of consent of property owner. Infectious and hazardous
household waste shall not be placed in polycarts or at pickup point. The
disposal of infectious or household hazardous waste will be in accordance with
the regulations and policies stipulated by the Texas State Health Department
and Texas National Resource Conference Commission.
P. OPEN STORAGE
1. Open Storage of Materials and Equipment
a. Commercial/Industrial - All properties located within a commercial
development with open storage of materials, equipment, vehicles, etc., shall
screen such storage from residential property from public view.
b. Residential - Open storage shall not be permitted in the front yard, in a carport,
or on a 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. Open storage shall include furniture other than furniture designed for
outside use, household items, products of a commercial trade or business enter -
Ordinance No. 1429-5-96 Page 14
prise, 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 other similar materials,.
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, after completion of investigation by the Fire Department,
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, after completion
of investigation by the Fire Department, 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. The 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.
6. The exterior of the 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.
Ordinance No. 1429-5-96 Page 15
T. PARKING AND STORAGE OF VEHICLES
Residential Properties
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, except, in the case of front entry homes,
passenger motor vehicles or light trucks (one ton), house trailers, motorhomes,
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, not block public
walks, 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.
Boats, recreational vehicles, and small utility trailers may be parked in side or rear
yard (behind the front yard building line) provided grass and weeds are maintained in
a neat and orderly fashion, not to exceed 6" (six inches) in height.
2. Corner residential lots shall maintain two (2) front yards (street side yard). Above-
described front yard requirements shall apply to both yards.
3. Inoperable and/or dismantled vehicles shall be stored in the rear yard only.
4. The nonconforming residential uses located in the Central Business District (CBD)
shall comply with the same provisions as the residentially zoned areas.
Ordinance No. 1429-5-96 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 should 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 should be maintained weatherproof or the surface protected as
required to prevent deterioration. Exterior wall surface deterioation that is visually apparent
from the exterior of the building shall be considered a violation of this ordinance.
F. Roofs - The roof of every habitable structure should be structurally sound, tight, and free of
leaks. Roof drainage should be adequate to prevent rain water from causing dampness in the
walls or interior portion of the structure. Roof deterioration that is visually apparent from the
exterior of the building shall be considered a violation of this ordinance.
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 weatherproof
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. 1429-5-96 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. 1429-5-96 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. The Director of Community Development reserves the authority to take immediate
action and waive all notice requirements if it is determined that there is an immediate danger
or threat to the health, safety, or welfare of the city.
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 twelve-month period, 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. 1429-5-96 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 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 16TH DAY OF MAY, 1996.
APPROVED:
K%witirsawr
APPROVED AS TO FORM: ATTEST:
A. Don Cro er, C Y ATTORNEY udy Mo rison, CMC, CITY SECRETARY
Ordinance No. 1429-5-96 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
Ordinance #1429-5-96
of which the attached is a true and written copy, and which was published
In THE ALLEN AMERICAN on
May 22 & May 25, 1996
and which was Issued on
Mav 22. 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publjrallon is attached hereto.
SUBSCRIBED A D WORN to before me this
day A.D. 19 q10
/a . J,kj--
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $52.26
i ry Ya V. A. TODD
MY COMMISSION EXPIRES
,;F�,•,,E. December 5, 1996
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on
Thursday, May 16, 1996 (Title and
Penalty Clause only):
Ordinance No. 1429-5-96: An
Or finance o t e --City o en, ollin
County, Texas, Repealing Ordinance No.
1205-10-93; Adopting New Minimum
Standards and Regulations for the Use
and Maintenance of all Structures,
Buildings and Property within the City;
_Providing for Responsibility for
Maintenance; Establishing 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
Dollars ($2,000) for Each
Offense; Declaring an Emergency; and
Providing for an Effective Date.
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) for each
offense, and each day such violation,
continues, it shall constitute a separate -
offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on
Thursday, May 16, 1996 (Title and
Penalty Clause only):
Ordinance No. 1429-5-96: An
Or mance o t e City o en, ollin
County, Texas, Repealing Ordinance No.
1205-10-93; Adopting New Minimum
Standards and Regulations for the Use
and Maintenance of all Structures,
Buildings and Property within the City;
Providing for Responsibility for
Maintenance; Establishing 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
Dollars ($2,000) for Each
Offense; Declaring an Emergency; and
I Providing for an Effective Date.
Any person violating any of the
provisions of this ordinance shall be I
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) for each
offense, and each day such violation
continues, it shall constitute a separate
offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary