85-01 O - Prohibiting the Existence of Nuisances within the City Limits ORDINANCE NO. 6 5 -/
AN ORDINANCE DEFINING A NUISANCE; PROHIBITING THE EXISTENCE OF
NUISANCES WITHIN THE CITY LIMITS OF THE CITY OF PROSPER, TEXAS;
PROVIDING FOR A NOTICE OF ABATEMENT TO BE GIVEN TO THE OWENR
OF ANY NUISANCE EXISTING OR WHICH MAY HEREAFTER EXIST WITHIN
THE LIMITS OF THE CITY OF PROSPER, TEXAS; AUTHORIZING THE CITY
TO ABATE NUISANCES AT THE OWNER' S EXPENSE UPON THE OWNER' S FAIL-
URE TO DO SO; PROVIDING PENALTIES FOR THE FAILURE TO ABATE A NUI-
SANCE AFTER NOTICE; AND DECLARING AN EMERGENCY
WHEREAS, it is the obligation of the City Council of the City
of Prosper, Texas to provide for the health, safety and welfare of
the citizens of the City of Prosper; and,
WHEREAS, the existence of a nuisance as herein defined is a
clear and present danger to the health, safety and welfare of the citi-
zens of the City of Prosper, Texas; and,
WHEREAS, the City has the power and the obligation to prohibit
the existence of nuisances, to require the abatement of nuisances when-
ever the same may exist and provide penalties for the failure to abate
nuisances and to do anything reasonable or necessary to protect the
public health, safety and welfare;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PROSPER, TEXAS:
Section 1. For the purposes of this ordinance and for the enforcement
of the terms of this ordinance , the term "nuisance" shall mean any
condition or state of real or personal property located within the
limits of the City of Prosper, Texas, whether on public or private
property , which presents a risk or hazard of injury, illness or loss of
life or is unreasonably unsightly or produces any sound or odor which
is or may be unreasonably offensive or unhealthful or which presents
a clear and present danger of injury or damage to personal property.
The term "nuisance" shall include , but shall not be limited to, har-
boring dangerous animals; dangerous or dilapidated structures ; junk
piles; properties of any nature infested with insects or other vermin;
abandoned , junked or inoperable automobiles; open storage or pos-
session of hazardous or noxious chemicals or other substances ; the
carrying on of any activity which produces unreasonable amounts
111411,`
of dust, sound, or offensive odors , exluding bona fide indus-
trial
rial activities taking place within an area zoned for industrial
use.
Section 2 . For the purposes of this ordinances , the term "owner"
shall include , without limitation, the owner,
occupier, lessee , tenant,
bai
lee or any other person, firm or entity in possession or control
of any real or personal property which constitutes a nuisance or upon
h a nuisance exists , and shall include any one or more of the fore-
whic osses
going where more than one person, firm or entity has ownership, p
sion or control of such property.
Section 3. From and after the effective date of this ordinance , no
nuisance shall be created, maintained, or allowed to exist anywhere
41100
within the city limits of Prosper, Texas.
Section 4. If , upon the effective date of this ordinance or at any
time thereafter, a nuisance should exist in violation of this ordinance ,
the owner , as herein defined, shall be given a written notice
stating the general nature and approximate location of the nuisance
and ordering that it be removed or abated within ten ( 10) days after
such notice is received by any one or more of the persons constituting
an "owner" as herein defined; provided, however , that if such nuisance
constitutes a clear and present hazard to the health or safety of
any person, a lesser period may be provided in such notice.
Section 5 . If , for any reason, any nuisance continues to exist after
the time specified in the notice provided for in the previous section,
the City shall , after a hearing
before City Council, have the right,
but not the obligation, to do any thing
which the City deems reasonable
or appropriate to abate or remove such nuisance , to partially abate
it, to reduce the danger posed thereby or to otherwise act in the
interest of the public health, safety or welfare, or, in the alternative
to obtain any appropriate injunction or order of any court of
competent jurisdiction. Any costs, charges, expenses or other obligati(
com p
of any nature whatsoever incurred by the City in taking any action
under this section shall be the obligation of the owner and the City
shall be entitled to immediate reimbursement thereof and shall
have a lien upon any real estate or a valid security interest in
the personal property associated with said nuisance to secure
the payment of any such amounts.
Section 6 . The failure of any owner to comply with the terms of any
notice given under this ordinance shall be a misdemeanor punishable
by a fine not to exceed $200. 00. Each and every day any such owner
fails to comply with any such notice shall constitute a separate offense
each punishable with a fine not to exceed $200 .00 .
Section 7. The existence of nuisances may or will constitute a clear
and present danger to the public health, safety or welfare and the
providing of authority to prevent such danger is of such importance
411, that this ordinance constitutes an emergency ordinance and shall be
immediately effective upon its passage and signature by the Mayor.
THE FOREGOING ORDINANCE DULY ADOPTED THIS DAY OF
I N 0fitle , 1985 , BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS.
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