CHAPTER 6

HEALTH AND SANITATION

   ARTICLE 6.100 GARBAGE COLLECTION*

   Sec. 6.101     Garbage Collection Service

Each resident or business owner shall complete a trash and recycling collection contract before garbage collection will begin. These forms can be obtained from city hall or through the city's website. Once collection service has begun, the resident shall be responsible for payment of each billing cycle until such time as a trash disconnection request has been completed and submitted to city hall. Recycling services are not available to commercial customers.

   Sec. 6.102     Billing Cycle

Residential billing shall be on a quarterly basis in January, April, July, and October. Commercial accounts are billed monthly.

   Sec. 6.103     Collection Fees and Deposits

Fees for garbage collection and account deposits are listed in the fee schedule found in the appendix A of this code.

   Sec. 6.104     Collection and Frequency

(a)     Residential Service.

(1)     Garbage will be collected once per week, with all garbage being placed beside the road in front of the resident's house by 7:00 a.m. on the specified day.

(2)     All garbage shall be bagged or placed in a garbage container and cannot weigh more than 40 pounds.

(3)     Limbs and brush shall be bundled, tied, cut in lengths of no more than four feet, and cannot weigh more than 40 pounds.

(4)     Garbage cannot be placed inside the recycle container.

(5)     For special arrangements for handicapped stops, contact the city secretary.

(b)     Commercial Service.

(1)     Collection days are based on the number of pickups per week.

(2)     Garbage must be placed inside the canister.

(3)     Garbage cannot be placed on the ground around the canister.

   Sec. 6.105     Garbage Collection Requirements

(a)     All residences and commercial businesses within the city limits are required to have garbage services through the city.

(b)     Trash payments are due as follows:

(1)     Residential bills are due on the last working day of January, April, July, and October.

(2)     Commercial bills are due on the last working day of every month.

(c)     Late fees are found in the fee schedule in the appendix A of this code. They are assessed on the next working day following the bill due date. Late fees for commercial accounts are assessed per container.

(d)     Second notices will be mailed to residential accounts on the next working day following the bill due date. Second notices will be due 14 working days from the bill date. If the account is not brought current, services will be suspended. On the last working day of February, May, August, and November, if the resident's account is still in arrears, the matter will be turned over to the code enforcement officer and a citation will be issued for a city code violation. The city maintains the option of turning over past due accounts to a collection agency.

   Sec. 6.106     Penalty

Any person violating any of the provisions of this article shall be deemed guilty and shall be fined, in accordance with the general penalty provision found in Section 1.109 of this code, for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(Ordinance 2017-001 adopted 8/22/17)

   ARTICLE 6.200  STAGNANT WATER, CARRION, FILTH, TALL WEEDS AND GRASS*

   Sec. 6.201     Duty to Maintain Property

(a)     It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied within the city to permit grass, weeds, Johnson grass, brush or any objectionable or unsightly matter to grow to a greater height than twelve (12) inches upon any such real property within one hundred fifty (150) feet of any property line which abuts street rights-of-way, alleys, utility easements, subdivided additions, developed property or any buildings or other structures.

(b)      It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city, to keep the area adjacent to his property line, including the front or side parkway between the property line or the sidewalk and the curb and the rear or side parkway between the property line and the alley pavement or traveled way, or if there is no curb, then within ten (10) feet outside such property line, free and clear of the matter referred to in subsection (a). Provided however, that where the alleyway is not open to traffic, that the parkway in such cases shall be deemed to be between the property line and the center line of the alley. All vegetation not regularly cultivated and which exceeds twelve (12) inches in height shall be presumed to be objectionable and unsightly, except that regularly cultivated crops shall not be allowed to grow within the right-of-way of any public street or easement, but shall be kept mowed. It shall be unlawful for any person described herein to fail to cut and remove the matter referred to in subsection (a) from the areas described herein, and such failure shall constitute a violation hereof upon the terms and conditions of this section.

(c)     It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, to cut and remove all such weeds, brush and other objectionable or unsightly matter as often as may be necessary; provided that the removing and cutting same at least once in every thirty (30) days shall be deemed a compliance with this article and to use every precaution to prevent the same growing on such premises so as to become a nuisance.

   Sec.  6.202     Notice of Violation

(a)      In the event that the owner of any lot, tract, parcel of land, or a portion thereof situated within the corporate limits of the City of Krugerville shall fail to comply with this article, then the city shall give notice to such person setting forth the noncompliance. Such notice shall be in writing and may be served upon such person in any one or more of the following ways:

(1)     Personally given to the owner;

(2)     Addressed to the owner by letter to the owner's post office address; or

(3)     If personal service or letter notice cannot be obtained, notice may be given by publication at least twice within ten (10) consecutive days in the city's official newspaper or by posting the notice on or near the front door of each building on the property to which the violation relates or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.

(b)      In the notice herein provided for, the city shall have the right to inform the property owner that if he or she commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the city may without further notice correct the violation at the owner's expense and assess the expense against the property.

(c)      Should the violation consist of weeds in excess of forty-eight (48) inches in height which are deemed by the city to be an immediate danger to the health, life or safety of any person, the city may immediately abate said nuisance with no notice to the property owner.

   Sec. 6.203     Dangerous Weeds

(a)     The city may abate without notice weeds that:

(1)      have grown higher than 48 inches; and

(2)      are an immediate danger to the health, life or safety of any person.

(b)     Not later than the 10th day after the date the city abates the weeds under this section, the city shall give notice to the property owner in the manner required by Section 6.202.

(c)     The notice shall contain:

(1)     an identification, which is not required to be a legal description, of the property;

(2)     a description of the violations of the ordinance that occurred on the property;

(3)     a statement that the city abated the weeds; and

(4)     an explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.

(d)     The city shall conduct an administrative hearing on the abatement of weeds under this article if not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing.

(e)     An administrative hearing conducted under this article shall be conducted not later than the 30th day after the date a request for a hearing is filed before the city council. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds.

(f)     The city may assess expenses and create liens under this article.

   Sec. 6.204     Violations

(a)     That if any person fails or refuses to comply with the provisions of this article within ten (10) days after date of notification in writing or by letter or date of publication of notice in the city's official newspaper or by posting, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article.

(b)     The expense incurred in correcting the condition of such property, and the cost of publishing notice in the newspaper shall be paid by the city and charged to the owner of such property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the first day of the month following the one in which the work was done, the city shall file with the county clerk a statement of the expenses incurred in correcting the condition on the property. When such statement is filed, the city shall have a privileged lien on such property; second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of ten (10%) percent per annum from the date the city incurs the expense. For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the city, the statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work as improvements or correction of the property, all as more particularly specified in Chapter 342 of the Texas Health and Safety Code, which is hereby adopted.

   Sec. 6.205     Penalty

Any person violating any of the provisions of this article shall be deemed guilty, shall be fined, except as other provided herein, in accordance with the general penalty provision found in Section 1.109 of this code, for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(Ordinance 2001-15 adopted 6/12/01)

   Sec. 6.206     State Law Adopted

The city has adopted Title 5, Chapter 341, “Minimum Standards of Sanitation and Health Protection Measures,” of the Texas Health and Safety Code. (Ordinance 2006-010, sec. 1, adopted 8/24/06)