O-2401-5-05ORDINANCE NO. 2401-5-05
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 6, "HEALTH AND ENVIRONMENT," ARTICLE H, "ACCUMULATION
OF WEEDS AND OTHER OBJECTIONABLE MATTER," TO PROVIDE FOR
DEFINITIONS OF NUISANCES AND TO ADOPT REGULATIONS FOR THE
ABATEMENT OF NUISANCES THAT EXIST ON PRIVATE PROPERTY AND TO
ADOPT PROVISIONS THAT CONFORM WITH THE TEXAS HEALTH AND
SAFETY CODE FOR THE ABATEMENT OF HIGH WEEDS AND GRASS;
AMENDING ARTICLE HI, `SOLID WASTE," TO PROVIDE REGULATIONS FOR
THE USE OF POLYCART RECEPTACLES AND REGULATIONS FOR THE
PLACEMENT OF TRASH; AMENDING ARTICLE IV, "PROPERTY
MAINTENANCE CODE," TO ADOPT NEW PROVISIONS REGARDING
MINIMUM PROPERTY STANDARDS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Texas Health and Safety Code provides that a municipality may adopt an ordinance that
regulates the accumulation of high weeds and grass and define and provide for a procedure for abatement;
and,
WHEREAS, the Texas Local Government Code gives a municipality the authority to define and declare
what constitutes a nuisance and provide for a procedure for abatement; and,
WHEREAS, the City Council finds that it is in the best interest of the citizens to adopt an ordinance that
prohibits the accumulation of high weeds and grass and the maintaining of other nuisances that are a hazard
to the health, safety, and welfare of the citizens and to provide for a procedure for abatement of such
nuisances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCH. OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 6, "Health and Environment," Article B, "Accumulation of Weeds and Other
Objectionable Matter," to read as follows:
ARTICLE H. NUISANCES, HIGH WEEDS AND GRASS
Sec. 6-16. General Nuisances.
' (a) The following shall be deemed a nuisance:
(1)
Any attractive nuisance which may prove detrimental to children whether in a building, on
the premises of the building or upon an occupied premise, including but not limited to, any
abandoned wells, shafts, basements, excavations, discarded refrigerators, unsecured vacant
building, motor vehicles, unprotected swimming pools, unsecured trash compactors, or any
structurally unsound fences or structures, or any gasoline, chemicals, lumber, trash, debris or
vegetation which may prove a hazard for inquisitive children.
(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,
yards 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.
(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)
The accumulation of any other objectionable, unsanitary or unsightly matter, including, but
not limited to, dead grass, tree limbs, stumps, waste paper, scrap wood or lumber, scrap
'
metal, rags, rubber tires, bottles, appliances, furniture, dismantled or disassembled vehicle
parts, discarded or abandoned construction material and exposed or uncovered fill materials.
(8)
Maintaining premises in a manner that creates an unsanitary condition likely to attract or
harbor mosquitoes, rodents, vermin, or disease -carrying pests; or a place or condition
harboring rats or breeding flies in a populated area.
(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)
Any public nuisance known at common law or in equity jurisdiction or as defined by codes
or City ordinances.
(13)
Overcrowding a room with tenants.
(14)
Any buildings or other structure which is in such a dilapidated or damaged condition that it is
unfit for human habitation, does not serve its original intended function, or is kept in such an
unsanitary condition that it is a menace to the health of people residing in the vicinity
thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is
located.
Ordinance No. 2401-5-05, Page 2
(b) It shall be unlawful for any owner, occupant, or person in control of occupied or unoccupied
premises to create, allow or permit the presence of a nuisance on the premises.
' (c) It shall be unlawful for any owner, occupant, or person in control of a premise to allow a nuisance on
the abutting or adjacent public right-of-way, sidewalk parkway, or alleyway as measured from the
property line to the curb or pavement edge; or if no paving exists to the center of the right-of-way or
alley.
Sec. 6-17. Height limitations weeds, grass and uncultivated vegetation.
(a) A person commits an offense if he is an owner, occupant, or person in control of occupied or
unoccupied premises in the City and permits weeds, grass, or other vegetation located on the
premises to grow to a height greater than twelve (12) inches.
(b) The following shall be exempt from the requirement 6-17(a):
(1) Agricultural crops;
(2) Hay that is grown for the specific purpose of cultivation, provided that the property is mowed
and baled at least once every 45 calendar days;
(3) Cultivated trees or shrubs;
(4) Wildflowers, but only until such time as seeds have matured following the final blooming of
the majority of the plants.
' Under any of the above exemptions, it shall be an offense to permit weeds, grass, or other vegetation
located within fifty (50) feet of public right-of-ways or adjacent developed properties to grow to a
height greater than twelve (12) inches.
(c) It shall be unlawful for any owner, occupant, or person in control of a premises to allow grass,
weeds, or other vegetation over twelve (12) inches in height to grow on the area adjacent to the
property line including public right-of-way, sidewalk, parkway, or alleyway as measured from the
property line to the curb or pavement edge; or if no paving exists to the center of the right-of-way or
alley.
(d) It shall be the duty of any owner, occupant, or person in control of any tot, tract, or parcel of land or
any portion thereof, to cut or cause to be cut and removed as necessary to comply with this Section,
all such grass, weeds or vegetation on the property as often as may be necessary to comply with the
provisions of this Section.
(e) Creeks and natural areas approved by the City shall be exempt from these requirements.
Sec 6-15. Enforcement.
(a) For purposes of this article, enforcement officer means the director of the department designated by
the City Manager to enforce and administer this Article or the director's duly authorized
representative. The enforcement officer shall enforce the provisions of this Article.
Ordinance No. 2401-5-05, Page 3
Sec. 6-19. Notice of violations for abatement purposes.
' (a) If the owner, occupant, or person in control of the property fails or refuses to comply with the
provisions of this Article, the City shall give written notice, prior to initiating abatement, to the
property owner. The notice shall be given:
(1) personally to the owner in writing;
(2) by letter addressed to the owner at the owner's address as recorded in the appraisal district
records of the appraisal district in which the property is located; or
(3) if personal service cannot be obtained;
(a) by publication at least once within ten (10) calendar days in the official newspaper of
the City of Allen;
(b) by posting the notice on or near the front door of each building on the property to
which the violation relates; or
(c) by posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates.
(b) If a notice is mailed to a property owner and the United States Postal Service returns the notice as
"refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered
delivered.
' (c) Upon a subsequent violation of this Article within the same calendar year, the City may, without
further notice, issue a citation or enter the property to correct further violations and may assess the
costs thereof as provided herein. -
(d) If a violation covered by a notice under this Section occurs within the one year period, and the City
has not been informed in writing by the owner of an ownership change, then the City without notice
may take any action permitted by this Section and assess its expenses as provided herein.
Sec. 6-20. Abatement by City; assessment of costs
In the event any person owning, occupying, claiming or having supervision or control of any occupied or
unoccupied real property fails to comply with the provisions of this Article within seven (7) calendar days
after proper notice as provided in Section 6-19, the City, or its duly authorized representative, may do the
work or make the improvements required and pay for the work done or improvements made and charge the
expenses to the owner of the property pursuant to V.T.C.A, Health and Safety Code § 342.006 as may be
amended.
(a) The expenses assessed to the owner shall be actual removal expenses of not less than twenty-five
dollars ($25), plus a special expense fee of one hundred dollars ($100) to cover administrative costs.
A statement of expenses which includes administrative fees shall be mailed to the property owner
shown on the tax roll at the time of service. This statement of expenses shall, in addition to giving
the amount of such expense, provide the date upon which work was done and a description of the lot
' or premises upon which such work was done. Payment is due and considered delinquent if not
received by the City within thirty (30) calendar days.
Ordinance No. 2401-5-05, Page 4
(b) In the event the owner fails or refuses to pay such expenses within thirty (30) calendar days, the City
is authorized to add a lien assessment fee of one hundred dollars ($100) to the statement of expenses
' and to file said expenses with the Collin County clerk's office as a lien against the real property in
violation of this Article. The City shall have a privileged lien against such lot or real estate upon
which such work was done or improvements made to secure the expenditures so made, pursuant to
V.T.C.A., Health and Safety Code § 342.007, and such lien shall be inferior only to tax liens and
liens for street improvements. The lien shall bear interest at the rate of ten (10) percent per annum
from the date the City incurs the expense. The City may bring a suit for foreclosure to recover the
expenditures and interest due, and the statement of the expenses or a certified copy of the statement
is prima facie proof of the expenses incurred by the City in doing the work or making the
improvements.
Sec. 6-21. Authorizing suits for injunctive relief.
In addition to and cumulative of all penalties, notwithstanding any penal provision of this article, the City
Attorney is authorized to file suit on behalf of the City of Allen, the enforcement officer or both for
injunctive relief as may be necessary to enforce the provisions of this article.
See. 6-22. Penalty for violation.
Any person, £am, partnership, corporation or association violating any of the provisions of this Article be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than two
thousand dollars ($2,000) for each offense; and each day such violation continues shall constitute a separate
and distinct offense. Upon a first conviction, the fine shall not be less than fifty dollars ($50). The minimum
fine established in this Section shall be doubled for the second conviction of the same offense within any
twenty-four month period and trebled for the third and subsequent convictions of the same offense within any
twenty-four month period. At no time shall the minimum fine exceed the maximum fine established in this
Section.
Sec. 6-23-6-50. Reserved."
SECTION 2. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 6, "Health and Environment," Article DI, "Solid Waste," to read as follows:
"ARTICLE M. SOLID WASTE
Sec. 6-51. Definitions. When used in this Article, the following terns will have the meanings so assigned to
them.
Rubbish shall mean non-putrescible and putrescible solid waste that is commonly understood to be trash or
garbage.
Solid Waste shall mean all non -hazardous and non -special solid waste material, including unwanted or
discarded solid or semisolid waste material that may cause impairment to the quality of life, provided that
such material most he of a type and consistency to be lawfully accepted at the sanitary landfill under federal,
state and local laws. Solid waste does not include recyclable materials.
1 ...
Ordinance No. 2401-5-05, Page 5
Sec. 6-54. Storage and removal generally.
' The storage or keeping of garbage, rubbish, brush and refuge that is unsightly or a health or fire hazard is
prohibited. The City shall have the right to suspend or alter service to any premises where unsightly or
unsanitary conditions have resulted from an insufficient number of hauls or inadequate or insufficient
number of refuse containers.
Sec. 6-55. Prohibited acts.
(g) Damping of any residential or commercial garbage, rubbish, brush, junk, construction materials,
appliances, furniture, grease, solvents, petroleum products, vehicle and vehicle parts in any place and
in any manner is prohibited.
(h) The hauling of materials and waste without proper containment is prohibited.
(i) It is a violation of this Section for property owners to allow dumping or littering to take place on any
property under their control and supervision.
0) Dumping or disposing of any garbage or waste of any type in a container leased, owned or controlled
by another person or entity is considered theft of service and is prohibited. The presence of any
materials bearing the name or address of a person or entity shall itself be considered proof of theft of
services since they received the benefit of the theft.
' (k) 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 storm
sewers is prohibited.
(1) 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 a 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 Commission on Environmental Quality.
Sec. 6-56. Use of polycart receptacles.
(c) All garbage, trash and recyclables shall be placed inside appropriate polycarts. Polycarts shall be
kept closed to prevent littering and to render contents inaccessible to insects, rodents, and other
animals. Cleanliness and integrity of polycart shall be maintained and when damaged, replaced by
user, occupant or owner of premises.
(d) All polycarts, bulky items, tree trimmings, recycling containers, and grass clippings to be collected
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 collection point after 12:00
midnight of the scheduled pick up day. Polycarts picked up from a public street shall be stored
adjacent to the garage or house or placed behind the front face of the building. Polycarts picked up
from an alley shall be stored on private property and back from the alleyway.
Ordinance No. 2401.5-05, Page 6
' Sec. 6-58. Collection of bulky items and tree trimmings.
(a) Collection of bulky objects and tree trimmings from residential customers shall be provided one (1)
time monthly to residential customers and others using polycarts for garbage collection. Tree
trimmings shall be tied in bundles and not longer than four (4) feet in any dimension and not heavier
than forty (40) pounds in weight. Bulky pickup items shall be secured or contained to prevent
littering.
Sec. 6-61. Commercial and multi -family collection and containers.
(d) ht multi -family complexes the owner or responsible party shall provide solid waste receptacles or
containers m required by the approved site plan and the regulations of this Code.
(e) Commercial dumpsters and recycling containers.
(1) Dumpsters and recycling containers shall be maintained in safe, clean, painted and sound
condition.
(2) 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. No liquids shall be
allowed to leak from these containers.
' (3) Dumpster lids, if provided, must be kept closed at all times.
(4) 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.
(5) The maintenance and upkeep of the containers and enclosure shall be the responsibility of
the property owner.
(6) 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.
(f) Construction sites: A temporary container, measuring thirty-two (32) square feet of surface, four -feet
in height, is required on the construction site to contain litter generated from construction or
construction workers. When the trash container is full, the trash shall be disposed of immediately.
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.
Sec. 6-66. Penalty for violation.
' Any person violating any of the provisions of this Article 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 and distinct offense."
Ordinance No. 2401-5-05, Page 7
SECTION 3. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby by amended
by amending Chapter 6, "Health and Environment," Article IV, "Property Maintenance Code," to read as
' follows:
`Sec. 6-81. Title, purpose, scope.
(a) Title. That this Article 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, nonresidential, 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 nuisance 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.
Sec. 6-82. 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.
Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or
property of any kind which has enclosing walls of fifty (50) percent of its perimeter.
Building Oficial. The building official of the City of Allen or designee.
Carrion. Dead or decaying animal, fowl or fish.
Compost. Brush, leaves, limbs and organic matter that is ground and processed into humus.
Commission The Building and Standards Commission of the City of Allen.
Driveway. An improved surface area on a lot designed and required to provide direct access for
vehicles between a street and private garage, carport, or other permitted parking space located on a
' residential lot used principally for, but not limited to, the storage of passenger vehicles or other vehicles and
equipment.
Ordinance No. 2401-5-05, Page 8
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 public or private property
without the express permission of the property owner.
Hazardous Waste. Waste, in any amount, which defined, characterized, or designated as harardous
or toxic by the United States Environmental Protection Agency or appropriate State agency or waste which is
regulated under Federal or State law.
Improved Surface. An area used for the parking or storage of vehicles that is overlaid or otherwise
paved with concrete, paving stones or other hard surfaced durable material approved by the building official.
Infectious waste. A waste containing pathogens or 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 mw goods that are so wore, deteriorated, or obsolete as to make the item unusable or
inoperable in their existing condition, or is a potential safety or health hazard.
Motor Home. A self-contained vehicle designed for human habitation with its own motive power and
with a passageway from the body of the home to the driver and front passenger seats.
' Motor Vehicle. A self-propelled device in, upon or by which any person or property is or may be
transported.
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, equipment, salvaged items, vehicle
parts, commodities, building materials or any item that will create a nuisance.
Owner. Any person claiming the ownership or tide of real or personal property, including, but not
limited to:
(I) 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 operating of property.
Pool A permanent swimming pool, spa, hot tub over eighteen (18) inches deep if public or semi-
public, and three (3) feet 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.
Ordinance No. 2401-5-05, Page 9
Recreational Vehicle. Any motor vehicle or trailer designed or used as a travel trailer, camper, motor
' home, tent trailer, boat, boat trailer, camping trailer, or other similar purposes including any truck, truck -
tractor or other vehicle exclusively used to tow or haul a recreation vehicle.
Refuse,Rubbish. All decaying and non -decaying 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
(1) Screening walls shall mean a solid, opaque screening fence or wall at least six (6) feet in
height; or
(2) 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;
(3) Any combination of the above; or
(4) Any other form of compatible and appropriate screening as approved by the City.
Structure. Any residential building, nonresidential building, dwelling, condominium, townhouse,
apartment unit, detached garage, shed, awning, fence, screening wall, sign, swimming pool, excavation, any
edifice, erection of material, or any other improvement placed or located on any property within the City.
Tenant. Any person or agent who occupies a structure or property.
Trailer. A vehicle without motive power designed for carrying persons, animals, or property on its
own structure and to be drawn by a vehicle with motive power. The term shall include, but not be limited to,
semi -trailer, and utility trailer. Trailer shall not include any trailer defined as a recreational vehicle.
Truck Any motor vehicle designed, used or maintained primarily for the transportation of property
or for operating a commercial business with a manufacturer's rated carrying capacity exceeding one and one-
half (1-V:) tons.
Truck -tractor. Any motor vehicle designed or used primarily for drawing other vehicles. It is
intended that the term includes a motor vehicle that is otherwise a truck -tractor that may be engaged with a
semi -trailer.
Unsafe building. A building which is dilapidated, substandard, structurally unsound or dangerous
and unfit for human habitation and is a hazard to the public health, safety and welfare or is unoccupied by its
owners, lessees, other invitees and is unsecured from unauthorized entry to the extent that it could be entered
or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by
children.
Unwholesome matter. Any condition, object, or matter, whether decaying or nondecaying, which
may produce injury, disease, or death to human beings, directly, or indirectly.
Sec. 6.93. Enforcement and inspection.
(a) The enforcement authority for the provisions of this Article shall be the City Manager of the City of
' Allen or the person or department to whom the City Manager delegates the enforcement
responsibility.
Ordinance No. 2401-5-05, Page 10
(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.
Sec. 6-94. 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.
(c)
The standards in this Article apply to all properties and caning districts unless otherwise stated. For
multi -family residential it shall be the responsibility of the property owner, the property management
firm, landlord, or apartment manager, to maintain multi -family property in accordance with the
requirements of this Section.
(d)
A person commits an offense if he violates any of the regulations contained in this Article.
Sec. 6-85. Exterior grounds.
(a)
Trash, debris, and objectionable matter. All exterior property shall be maintained in clean, safe, and
sanitary conditions. 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 person residing or occupying the
premises or adjacent premises or to persons who may be in a public place or public right-of-way.
(b)
Accumulations ojfirewood, 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.
(c)
Open storage.
(1) Commercial/industrial. All properties located within a commercial development with open
storage of materials, equipment, vehicles, etc., shall screen such storage from residential
property and from public view.
' (2) Residential. All storage shall be screened from adjacent properties, alleys and streets by a
six-foot solid wood screening fence. Open storage shall not be permitted on any residential
property including the front yard, driveway, carport, or front porch of any residential
Ordinance No. 2401-5-05, Page 11
dwelling. In residential areas open storage shall include furniture other than furniture
designed for outside use, household items, products of a commercial trade or business
enterprise and building materials not currently being used or held for immediate use upon the
premises.
(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) 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. Trees
and tree limbs that are reasonably capable of damaging a structure or that are reasonably capable of
causing injury to a person, shall be removed in accordance with the tree removal section of
comprehensive zoning Ordinance No. 1425-5-96.
(t) Weeds and grass.
(1) All cut weeds, grass and shrubs or brush shall not be left or allowed to accumulate on any
public street, sidewalk or public way.
(2) 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.
(3) All unpaved areas shall be maintained with grass, ground cover, or other type of landscaping
' to such an extent that the soil, when we; will not be picked up and spread to sidewalks or
adjacent private or public property and is not subject to erosion during rains.
(g) 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
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, the property owner must submit plans sealed by a
registered engineer.
(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 non -contamination.
(6) All retaining walls shall be maintained in good condition.
Ordinance No. 2401-5-05, Page 12
(h) Parking and storage of vehicles. It shall be unlawful for the owner, occupant or person in charge of
property used for residential purposes, or for the owner or occupant of a vehicle to violate or permit
the violation of this ordinance.
All 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. Open storage or accumulation of
trash and debris in utility trailers and other vehicles is prohibited.
In residential districts:
(1) The parking or storage of any motor vehicle within any yard upon any surface other than a
driveway or improved surface is prohibited. All other vehicles, motorized and non -
motorized, except as provided below, are prohibited within the front yard.
(2) Corner residential lots shall maintain two (2) front yards (street side yard). Above described
front yard requirements shall apply to both yards.
(3) The parking or storage of motor homes, recreational vehicles and small utility trailers within
the front yard upon any surface other than a driveway or improved surface is prohibited.
Motor homes, recreational vehicles and small utility trailers may be parked on the residential
premises of the owner provided such is parked or stored within that portion of the residential
lot which is located to the rear of the required front building line provided grass and weeds
are maintained in a neat an orderly fashion, not to exceed six (6) inches in height.
(4) The parking, standing or storing of trucks, trailers, or truck -tractors in residential areas, yards
or driveways for other than actual supervised loading or unloading of goods and passengers
is prohibited.
In non-residential districts:
(1) The unscreened parking or storage of any motor vehicle, recreational vehicle or trailer upon
any surface other than an improved surface shall be prohibited.
(2) The non -conforming residential uses located in the Central Business District (CBD) shall
comply with the same provisions as the residential zoned areas.
(i) Private parking lots, drives, and streets. Private parking lots, drives, 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. In multi -family residential parking lots, fire lanes, and required paved areas
with legible parking and fire lane markings shall be maintained in accordance with City ordinances.
0) 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.
' (k) Fences.
(1) All fences shall be maintained structurally sound and not be out of vertical alignment more
than twenty (20) percent.
Ordinance No. 2401-5-05, Page 13
(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
(1) Animal pens.
(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.
(m) 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.
(n) 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.
(o) 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.
(p) Burned structure.
Whenever any building or structure within the City is partially burned, the responsible party shall,
within thirty (30) calendar days, remove from the premises all refuse, debris, charred and partially
burned lumber and material. Such thirty (30) calendar days shall begin after the Fire Marshal has
advised that the investigation is complete. 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) calendar days, remove from the premises all the remaining portion of the building or
structure. Such sixty (60) calendar days shall begin after the Fre Marshal has advised that the
investigation is complete. If the building or structure is to be repair, work shall begin within sixty
(60) calendar days and progressively be completed in one hundred twenty (120) calendar days.
Ordinance No. 2401-5-05, Page 14
(q) Vacant buildings.
Every vacant dwelling, house, building (residential or commercial) or other similar structure within
the corporate limits of the City 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 of 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.
Sec. 6-86. Exterior of structure.
(a) General. The exterior of a structure shall be maintained structurally sound. All installed systems,
including, but not limited to plumbing, electrical, heating, air conditioning shall be maintained in a
structurally sound and operative condition.
(b) Structural members. All supporting structural members of all structures shall be kept structurally
sound, free of deterioration and maintained capable of safety 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 rolling
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 deterioration that is visually apparent from the exterior of the
building shall be considered a violation of this article.
Ordinance No. 2401-5-05, Page 15
(t)
Roo/s. 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 article.
(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
including railings for stairs, steps, balconies, porches, and elsewhere 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, antenna, satellite dishes 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.
0)
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)
Windows and doors. 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. Window panes and
screens shall be constructed and maintained in such relation to the adjacent wall construction so as to
exclude rain, moisture, and insects as completely as possible from entering the dwelling or structure.
(1)
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.
(o)
Burglar bars shall comply with requirements of the building code and other codes or ordinances of
the City. Burglar bars on windows of bedrooms of residential structures shall be constructed and
maintained in such a way so as to be operable and openable from the interior of the residence without
use of a key or special knowledge or effort.
(p)
Address Numbers. The property owner shall provide and maintain address numbers on each building
'
in accordance with the Allen Land Development Code Article III, Section 3.03.33.
Ordinance No. 2401-5-05, Page 16
Sec. 6-87. Reserved.
' Sec. 6-88. Unsafe building; repair, demolition and receivership; notice and hearing; liens; and civil
penalties.
(a) If the building official finds that a building is unsafe and must be vacated, secured, repaired, removed
or demolished or the tenants relocated, the building official shall give notice to an owner, lienholder
or mortgagee of the building that a hearing will be held to determine whether the building is an
unsafe building. The notice must include a statement that the owner, lienholder, or mortgagee will be
required to submit at the hearing proof of the scope of any work that may be required to comply wit
the ordinance and the time it will take to reasonably perform the work. The notice shall be served by
certified mail, return receipt requested and sent to the last known address of the persons described
above. If the certified mail is returned undeliverable, the building official may serve the notice
personally if the person is located in Collin County and his address is known. If the notice sent to an
owner is returned undelivered, and after diligent search, the building official is unable to discover a
correct address for the owner or is unable to serve the owner personally, then the building official
shall give notice by publication of the order once in a newspaper of general circulation in the City at
least five (5) calendar days before the hearing.
(b) A hearing to determine whether a building is unsafe shall be held before the commission and is open
to the public. At the hearing, the building official shall present testimony and evidence of the
condition of the building and the owner, lessor, tenant, mortgagee or lienholder may present
testimony and evidence.
(c) The commission, after the public hearing, may:
' (1) Find that the building is not an unsafe building and refer the matter to the building official
for further appropriate action;
(2) Grant a variance in order to avoid the imposition of an unreasonable hardship;
(3) In the case of a single family dwelling occupied by the owner where the health, safety and
welfare of other persons will not be affected, grant an exception to any provision of this
Article to avoid the imposition of an unreasonable hardship; or
(4) Find the building is an unsafe building and order:
a. Demolition of the building;
b. Repair or correction of the building within a specified period of time;
C. Repair or correction of the building within a specified period of time and
demolition of the building if the repair or correction is not timely effected.
d. Repair or correction of the building by the owner, mortgagee or landholder within a
specified period of time and repair or correction by the City if not timely effected
by the owner, mortgagee or lienholder.
e. Repair, correction or demolition of the building within a specified period of time
and the assessment of a civil penalty against the owner for each day or part of a day
that the owner fails to repair, correct or demolish the building;
Ordinance No. 2401-5-05, Page 17
f An action be brought in district court in accordance with the V.T.C.A., Local
Government Code § 214.003, as amended, for the appointed of a receiver of the
property;
g. Vacation of the building within a specific period of time;
h. Securing the building within a specific period of time; or
i. Relocation of the tenants of the building within a specific period of time.
(d) if a building is not vacated, secured, repaired, removed, or demolished or the tenants are not
relocated within the specified period of time set forth in the commission's order, the City may:
(1) Vacate, secure, repair, remove or demolish the building at its own expense; or
(2) Assess a civil penalty against the property owner for failure to repair, remove or demolish the
building.
(e) The City may repair a building only to the extent necessary to bring the building into compliance
with the minimum standards and only if the building is a residential building with ten (10) or fewer
dwelling units. The repairs may not improve the building to the extent that the building exceeds
minimum housing standards.
(f) If the City incurs expenses to vacate, secure, repair, remove or demolish a building or assess a civil
penalty, the City has a lien against the land in which the building stands or sits, unless it is a
' homestead as protected by the Texas Constitution, to secure the payment of said expenses or a civil
penalty. The City's lien to secure the payment of a civil penalty or the cost to vacate, secure,
remove, repair or demolish the building or relocate the tenants arises and attaches to the property at
the time the notice of the lien is recorded and indexed in the office of the county clerk in the county
in which property is located. The notice must be filed promptly after the imposition of the lien and
contain the name and address of the owner, if reasonably determinable, legal description of the real
property on which the building was located, the amount of the expenses incurred by the City, and the
balance due. The City's lien is a privilege lien subordinate only to tax liens if each mortgagee and
lienholder of the building was given notice and an opportunity to repair or demolish the building,
otherwise, the City's lien is inferior to any previously recorded bona fide mortgage lien attached to
the real property to which the City's lien attaches if the mortgage lien was filed for record in the
office of the county clerk of the county in which the real property is located before the date the civil
penalty is assessed or the repair, removal or demolition is begun by the City. The City's lien is
superior to all other previously recorded judgment liens. The lien is extinguished if the property
owner or another person having an interest in the legal title to the property reimburses the City for
the expenses.
(g) A civil penalty or assessment imposed by the City to recover its expense for the repair of a building
accrues interest at the rate of ten (10) percent a year from the date of the assessment until paid in full
and the City's right to the assessment lien may not be transferred to third parties.
(h) The lien imposed by the City for repair expenses may not be foreclosed if the property on which the
repairs are made is occupied as a residential homestead by a person sixty-five (65) years of age or
older.
Ordinance No. 2401-5-05, Page 18
F
(i) The City may assess and recover a civil penalty not to exceed a thousand dollars ($1,000) a day for
each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount
not to exceed ten dollars ($10) a day for each violation, if the City proves:
(1) The property owner was notified of the requirements of the ordinance and the owner's need
to comply with the requirements; and
(2) After notification, the property owner committed an act in violation of the ordinance or
failed to comply with the commission's order.
(j) The assessment of a civil penalty is final and binding and constitutes prima facie evidence of the
penalty in a suit brought by a City in a court of competent jurisdiction for a final judgment in
accordance with the assessed penalty. To enforce a civil penalty the clerk or secretary of the City
must file with the district clerk of the county in which the City is located a certified copy of the
commissioner's order stating the amount and duration of the penalty. No other proof is required for
district court to enter a final judgment on the penalty.
(k) The building official shall, after the hearing, promptly mail by certified mail, return receipt
requested, a copy of the order of the commission to the owner of the building and to any lienholder
or mortgagee of the building and shall file a copy of the order of the commission in the deed records
of the county where the property is located. Within ten (10) calendar days after the date the order is
issued, the building official shall:
(1) File a copy of the order in the office of the City Secretary; and
(2) Publish in a newspaper of general circulation in the City in which the building is located a
notice containing:
a. The street address or legal description of the property;
b. The date of the hearing;
C. A brief statement indicating the results of the order, and
d. Instructions stating where a complete copy of the order may be obtained.
(1) When an order of the commission has been filed in the county deed records, the execution of the
order is not affected by a sale or other transfer of the premises. A person acquiring interest in the
property after an order has been so filed is subject to the requirements of the order.
Sec. 689. Vacating a building.
(a) When the building official has given notice of a hewing to consider vacation of building, the building
official shall place a sign on the building. The sign shall serve as a warning of the unsafe, unsanitary,
and dangerous condition of the building. A person commits an offense if he does any of the
following:
(1) Without authority from the building official moves or destroys a sign placed by the building
official;
(2) Occupies a vacant building on which the building official has placed such sign; or
Ordinance No. 2401-5-05, Page 19
1
(3) As the owner of a building authorizes a person to occupy a vacant building on which the
building official has placed such sign.
(b) Each occupant of a building that has been ordered vacated shall vacate the building within a specified
time determined by the commission. No person shall occupy a building that has been ordered
vacated.
(c) The owner shall provide alternative housing to all tenants of a building which has been ordered
vacated.
Sec. 6-90. Securing a building.
(a) The City may secure a building that the building official determines:
(1) Violates the minimum standards set forth in this article; and
(2) Is unoccupied or is occupied by persons who do not have a right of possession to the
building.
(b) Before securing a building under Subsection (a), the City shall post a notice on or near the front door
of the building stating that if the owner does not secure the building within forty-eight (48) hours, the
City will secure the building at the owner's expense.
(c) Before the eleventh calendar day after the date the building is secured, the City shall give notice to
the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing the notice in the United States mail by certified mail, return receipt requested
addressed to the owner at the owner's last known address;
(3) Publishing the notice at least twice within a ten calendar day period in a newspaper of
general circulation in the county in which the building is located if personal service cannot
be obtained and the owner's address is unknown; or
(4) Posting the notice on or near the front door of the building if personal service cannot be
obtained and the owner's address is unlmown.
(d) The notice issued under Subsection (c) must contain:
(1) An identification, which is not required to be a legal description, of the building and the
property on which it is located;
(2) A description of the violation of the City's minimum standards that is present at the building;
(3) A statement the City that will secure or has secured the building; and
(4) An explanation of the owner's entitlement to request a hearing regarding the City's decision
to secure the building.
(e) A hearing shall be held before the commission if, within thirty (30) calendar days after the date the
City secures the building, the owner files with the building official a written request for the hearing.
Ordinance No. 2401-5-05, Page 20
The hearing shall be held within twenty (20) calendar days after the date the request is filed and is
open to the public. At the hearing, the building official shall present evidence of the need to secure
the building and the owner may testify or present witnesses or written information about any matter
relating to the City's decision to secure the building.
(f) The commission shall uphold the City's action in securing a building if it finds the building or a
portion of the building to be open and potentially dangerous to the health, safety, or welfare of the
public. A building is open if a door, window, or other opening is not securely closed to prevent
unauthorized entry, and the building is left unattended.
Sec. 6-91. Penalty for Violation.
Any person violating any of the provisions of this Article 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 and distinct
offense.
Sec. 6-92. Injunctive relief.
In addition to and cumulative of all penalties, notwithstanding any penal provision of this article, the
City Attorney is authorized to file suit on behalf of the City of Allen, the enforcement officer or both for
injunctive relief as may be necessary to enforce the provisions of this article.
Secs. 6-93 - 6-100. Reserved."
' SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
H
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 7. Any person, firm or corporation violating any of the provisions of this ordinance or of the
Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in
the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Two
Thousand Dollars ($2,000) for each offense, and each and every day said violation is continued shall
constitute a separate offense.
SECTION 8. This ordinance shall take effect immediately from and atter its passage and publication as
required by law.
Ordinance No. 2401-5-05, Page 21
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 10f DAY OF MAY, 2005.
APPROVED AS TO FORM:
Pete CIA ATTORNEY
APPROVED:
xd�p�
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geor"MRC, CITY SECRETARY
Ordinance No. 2401-5-05, Page 22