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Authorization to enter Private Property
ARTICLE IV. - ENFORCEMENT OF ORDINANCES
DIVISION 1. - GENERALLY
Sec. 2-323. - Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than $2,000.00 for all violations involving fire safety, zoning or public health and sanitation, including dumping of refuse, and shall be fined $500.00 for all other violations of this article. Each day that a violation is permitted to exist shall constitute a separate offense.

Sec. 2-351. - Authorized.
Except as provided in section 2-352 below, inspectors are hereby authorized to seek and obtain search warrants from magistrates as provided in this article before making an inspection incidental to the enforcement of any provision of the zoning ordinance, building code, plumbing code, mechanical code, electrical code, fire code, or any ordinances related to the use or condition of property or a nuisance on the property.

(Code 1973, § 2-241; Ord. No. 1518, § 3, 1-28-91)

Sec. 2-352. - Authorized searches without warrant.
Search warrants shall not be required under the following circumstances:

(1) When permission to inspect the premises has been granted by someone with apparent charge or control of those premises. For the purpose of this paragraph, permission to inspect may be granted either verbally, in writing or by some other action indicating consent;
(2) When there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or peril;
(3) When the inspection can be executed by a person who is an invitee on premises held open to the general public. For the purposes of this paragraph, a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises;
(4) When the inspection can be executed from public property or adjacent private property with the permission of someone with apparent charge or control of such adjacent private property; or
(5) When the inspection is an open fields inspection of or from an unoccupied or undeveloped area.
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Buildings - Accessory Permanent Residential
Section 28 Definitions
Accessory buildings. A subordinate structure detached from but located on the same lot as the primary structure, the use of which is incidental and accessory to that of the principal structure.

B. Permanent accessory buildings, residential. Permanent accessory buildings which are placed on a permanent foundation shall be allowed in residential zoning districts subject to the following regulations:

1. Accessory buildings shall not exceed one story in height and must be located behind the primary structure.
2. Setbacks:
Front yard—Must be located behind the primary structure.
Side yard—Same as the primary structure.
Rear yard—Minimum of five feet.

3. No separate accessory building shall be erected within six feet of any other building.
4 No accessory building shall be used as a place of habitation or for commercial purposes.
5. The total floor area of the accessory building on one lot shall not exceed 30 percent of the floor area of the main building on the lot, except that this requirement shall not limit the floor area of an accessory building to less than 200 square feet.
6. Accessory buildings shall not occupy more than 50 percent of the rear yard.
7. An accessory building that exceeds 200 square feet must meet the masonry requirement of the primary structure.
8. An accessory building may be constructed as part of the main building, in which case the regulations controlling the primary structure shall apply.
9. No accessory building will be permitted without a primary structure being located on the same premises.
10. No such building shall be located within or encroach upon any utility or drainage easement.
11. No accessory building shall be placed or constructed on a lot until construction of the principal building has commenced, and no accessory building shall be occupied until the principal building is completed and is being used or occupied.
12. In the "MF-2" district, private garages and/or storage garages, may be constructed as part of the main building.
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Buildings - Accessory Temporary Residential
Section 28 Definitions
Accessory buildings. A subordinate structure detached from but located on the same lot as the primary structure, the use of which is incidental and accessory to that of the principal structure.

C Temporary and portable type accessory buildings, residential. Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any residential district subject to the following regulations:

1. Accessory buildings shall not exceed 12 feet in height and must be located behind the primary structure.
2. Setbacks:
Front yard—Must be located behind the primary structure and may not be located
with the front yard, including corner lots.
Side yard—Minimum of five feet.
Rear yard—Minimum of five feet.

3. Maximum floor area of 200 square feet.
4. Two per lot. Total area of accessory buildings shall not exceed 50 percent of the area behind the rear building face.
5. No separate accessory building shall be erected within six feet of any other building.
6. Construction material. Each accessory building must have an exterior finish of materials similar to the principle building on the lot on which it is located. A portable building less than 120 square feet may be of metal commercial kit construction and must be properly secured to prevent overturning, utilizing a method acceptable to the building official.
7. No accessory building will be permitted without a primary structure being located on the premises.
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Buildings - SubStandard {Repair, Faulty Weather, Fire Damaged, Living without Utilities}
Sec. 14-56. - Adopted.
The 2012 Edition of the International Building Code is hereby adopted as the official building code of the City of Haltom City, Texas. This building code is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in the International Building Code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours.

Ordinance No. O-1999-028-04, 1997 Uniform Housing Code, Chapter 10, Substandard Buildings.

Specifically, but not limited to: Inadequate Sanitation; Structural Hazards; Hazardous Electrical Wiring; Hazardous Plumbing; Hazardous Mechanical Equipment; Faulty Weather Protection; Fire Hazard; Faulty Materials of Construction; Hazardous or Insanitary Premises; Inadequate Exits; Inadequate Fire-protection or Firefighting Equipment or Improper Occupancy,

Owner is required to take out any and all necessary permits and physically commence repairs within thirty (30) days of notice. A written cost proposal with an itemized timeline must be submitted to the Building Official with permit application. If required repair work is not commenced or completed within the time specified, the Building Official may issue citations for violations of this ordinance and/or proceedings will be commenced to have the building demolished and the cost of same assessed as a charge against the land and a personal obligation of the owner.

Faulty Weather shall include, but not be limited to, rotted wood, peeling paint, broken windows or open doors, shingles or roof deck missing, exposed wood lacking sealer or paint, broken bricks or siding.

Inadequate sanitation shall include, but not limited to, the following:
Lack of hot and cold running water under pressure to plumbing fixtures in a dwelling unit or lodge house; Lack of heating facilities ; Lack of electrical lighting.

Fence - Maintenance, Materials & Permits (Residential)
Sec 33. B Definitions

6. Fence. For the purpose of this section, a fence shall be any construction or hedge greater than 30 inches in height and of any material the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and retaining walls for the purpose of diverting water and retaining soil are not classified as a fence.

Section 33.E. Residential Uses

1 .b Maximum height shall not exceed six feet.
c. May be erected upon the rear lot line of any lot.
d.May be erected upon the side lot lines of any interior lot but may not extend past the front façade of the primary structure on the same lot as determined by the zoning administrator.
e. May be erected no closer than ten (10) feet to a "street side" property line of corner lots, provided the corner lot does not back up to an interior lot.
f. May be erected no closer than 15 feet from a side property line adjacent to a street on corner lots backing up to interior lots.
g. Shall not be located in front of the primary structure on the same lot unless a special exception is approved by the Zoning Board of Adjustment to allow such enclosure.

2. Decorative fences:
a. Decorative fences shall not be walls;
b. Maximum height shall not exceed four feet;
c. Solid surface area of any decorative fence shall not exceed 50 percent of the total surface area;
d. Decorative fences may be erected upon any residential lot line; however, no decorative fence may encroach upon any right-of-way, drainage or access easement, or floodway;
e. Decorative fences may not be allowed within the visibility triangle;
f. Decorative fences shall be constructed of wood picket, lattice work, or decorative metal, with or without masonry and/or stone elements; and
g. Decorative fences shall not be constructed of chain link, barbed wire or similar enclosure materials.

Section 33.G. Approved fence materials.
1. Residential fences and commercial fences abutting residential zoned property shall be constructed of stone, brick, wood, wood composite, vinyl panel, plaster, open ornamental/tubular metal, landscape hedge, or other building material as approved by the zoning administrator. Residential fences may also be chain link if not located in front of any portion of the primary structure's front fasçade.

Section 33 H. Prohibited fence materials.
1. Electrical fences or electrical attachments of any type designed to administer a shock shall not be constructed within the legal limits of the city.
2. Permanent barbed wire and razor wire fences of any type or dimension shall not be constructed within the legal limits of the city. Vee arms or base and arms with barbed wire not to exceed three strands will be permitted in all districts except "SF-1," "SF-2," "D," "TH," "MF-1," "MF-2," "MH" or any residential planned development and said attachments shall be considered as part of the fence in determination of the height of said fence and shall not protrude over property lines. The lowest strand of barbed wire shall be a minimum of six feet above ground level.
3. CMU block walls, R-panel/metal sheet panel, metal pipe barrier, and chained/cabled bollards shall be prohibited in residential zoned areas and where nonresidential uses abut residential zoned areas.
4. Chain-link with plastic, wood, or other slat inserts.

K. Existing fences. Any fence constructed prior to enactment or amendment of this ordinance will not be restricted by this ordinance. Any fence constructed at any time on property not within the legal limits of the city, but annexed by the city at a later date will not be restricted by this ordinance, excepting in both cases that any fence reconstruction, modifications, enlargements, extensions, alterations or any construction other than maintenance of said fence as it existed at the time of enactment or amendment of this ordinance or annexation of property containing said fence shall be regulated by this ordinance.
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Health - MS4 Storm Water drainage (grass, limbs, trash)
Sec. 98-583. - Specific prohibitions and requirements.
(a) The specific prohibitions and requirements in this Section are not necessarily inclusive of all the discharges prohibited by the general prohibition in Section 98-582.
(b) No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the City to violate a water quality standard, the City's NPDES permit, or any state-issued discharge permit for discharges from its MS4.
(c) No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce, cause, allow, or permit to be introduced any of the following substances into the MS4:

(1) Any used motor oil, antifreeze, or any other motor vehicle fluid;
(3) Any hazardous waste, including hazardous household waste;
(4) Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste;
(5) Any garbage, rubbish, or yard waste;
(6) Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment, by a business or public entity that operates more than two such vehicles;
(9) Any wastewater from floor, rug, or carpet cleaning;
(12) Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydromulch material, or material from the cleaning of vehicles or equipment containing, or used in transporting or applying, such material;
(13) Any runoff or washdown water from any animal pen, kennel, fowl or livestock containment area;
(14) Any filter backwash from a swimming pool, fountain, or spa;
(15) Any swimming pool water containing a harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;
(20) Any substance or material that will damage, block, or clog the MS4;
(d) No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities, or associated with land filling or other placement or disposal of soil, rock, or other earth materials, in excess of what could be retained on site or captured by employing sediment and erosion control measures as required by the City's Erosion and Sediment Control Ordinance.
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Nuisance - High Grass/Weeds, Overgrown Vegetation, Trees/Brush
Sec. 42-17. - Preparation of brush, tree limbs and cuttings.
(a) A person shall prepare brush, tree limbs and cuttings in bundles not more than three feet in length in order to receive regular collection service.
(b) The city or its contractor may arrange for the collection of tree limbs and hedge cuttings which do not meet the requirements of subsection.

Sec. 42-57. - Overgrown vegetation, rubbish, and other unsanitary matter prohibited.

It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city, to suffer, permit, or allow:

(1) Uncultivated grass, weeds, or brush to grow to a height greater than ten inches on average upon such premises or to grow in rank profusion upon such premises, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface; or
(2) Refuse, rubbish, junk, litter, trash, debris (vegetation, building or other), garbage, discarded items, carrion, filth, animal or human feces, or any other unsightly or unsanitary matter to accumulate or remain upon such premises or to grow in rank profusion upon such premises, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface.

Vegetation shall mean any grass, weeds, shrubs, trees, brush, bushes, or vines.

Weeds shall mean vegetation that because of its height is objectionable, unsightly or unsanitary, but excluding cultivated crops, shrubs, bushes, trees, flowers, and vines.

Grass should not be allowed to grow over the sidewalk, curb or into the public street. Grass clippings and trash should not be allowed to collect around or enter the MS4 Storm Water drain system or inlets.

Sec. 86-111. - Height restrictions; interference with motorists, pedestrians.
(a) It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to permit or allow trees or tree limbs to grow upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb between the property line and the edge of the street, if any portion of the tree or tree limbs are growing at a height less than 13 feet six inches above the pavement of the roadway or eight feet above the pavement of the sidewalk, or if any portion of the tree or tree limbs are growing in a manner that interferes with or causes an obstruction to motorists using the roadway or pedestrians using the sidewalk.
(b) A tree or tree limb shall be deemed to interfere with or cause an obstruction to motorists or pedestrians if it obscures the motorists' or pedestrians' view of any street intersection, sign or traffic control device or if it otherwise causes or creates a hazard that could reasonably cause property damage or personal injury.
Sec. 86-113. - Nuisance declared.
All trees or tree limbs which are growing at a height less than required by this article or in a manner that interferes with or causes an obstruction to motorists or pedestrians using the roadway or sidewalk shall be presumed to be objectionable, unsightly, and unsafe, and are hereby declared a public nuisance.
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Nuisance - Junk Trash Refuse Rubbish and Bulk
Sec. 42-57. - Overgrown vegetation, rubbish, and other unsanitary matter prohibited.
It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city, to suffer, permit, or allow:

(1) Uncultivated grass, weeds, or brush to grow to a height greater than ten inches on average upon such premises or to grow in rank profusion upon such premises, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface; or
(2) Refuse, rubbish, junk, litter, trash, debris (vegetation, building or other), garbage, discarded items, carrion, filth, animal or human feces, or any other unsightly or unsanitary matter to accumulate or remain upon such premises or to grow in rank profusion upon such premises, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface.
(Ord. No. O-98-044-01, § 1, 10-12-98)

Sec. 42-58. - Duty to comply with ordinance.
It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city to cut or cause to be cut, grass, weeds and brush, and to remove or cause to be removed, rubbish and other objectionable, unsightly or unsanitary matter as often as necessary to comply with the requirements of this article, and to otherwise maintain that property in full compliance with this article.

(Ord. No. O-98-044-01, § 1, 10-12-98)

Sec. 42-59. - Nuisance declared.
All grass, weeds, vegetation, or brush not regularly cultivated and which exceed ten inches in height as prohibited herein, and all rubbish, shall be presumed to be objectionable, unsightly, and unsanitary, and are hereby declared a public nuisance.

Refuse shall mean a heterogeneous accumulation of worn out, used, broken, rejected, or worthless materials, including garbage, rubbish, or litter, and other decayable or nondecayable waste.

Brush shall mean scrub vegetation or dense undergrowth.

Filth shall mean any matter in a putrescent state.

Garbage shall mean all decayable waste.

Impure or unwholesome matter shall mean any putrescible or nonputrescible condition, object, or matter which tends to, may, or could produce injury, death, or disease to human beings.

Junk shall mean all worn out, useless, worthless, discarded, or scrap material, including, but not limited to, odds and ends, old metal, scrap lumber, building debris or old building materials, used tires, vehicle parts, and other items no longer used in the manner in which they were intended, including, but not limited to, upholstered furniture, working and nonworking appliances, and machinery and parts thereof.
Rubbish shall mean both garbage and trash and shall include all animal, vegetable and inorganic matter subject to discard that is generated from within a household, residence, or business, such as, but not limited to, coffee grounds, tin cans, paper bags, boxes, glass, and food articles. It shall also include all animal, vegetable, and inorganic matter subject to discard that is not typically generated from within a household, residence, or business, such as, but not limited to, shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked or dismantled machinery, tractors, automobiles, and other similar wastes.

ITEMS STORED UNDER carports, driveways, porches and side yard

ARTICLE II. - WEEDS, BRUSH, RUBBISH, ETC
Sec. 42-57. - Overgrown vegetation, rubbish, and other unsanitary matter prohibited.
It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city, to suffer, permit, or allow:

(2) refuse, rubbish, junk, litter, trash, debris (vegetation, building or other), garbage, discarded items, carrion, filth, animal or human feces, or any other unsightly or unsanitary matter to accumulate or remain upon such premises.....

Junk shall mean all worn out, useless, worthless, discarded, or scrap material, including, but not limited to, odds and ends, old metal, scrap lumber, building debris or old building materials, used tires, vehicle parts, and other items no longer used in the manner in which they were intended, including, but not limited to, upholstered furniture, working and nonworking appliances, and machinery and parts thereof.

Refuse shall mean a heterogeneous accumulation of worn out, used, broken, rejected, or worthless materials, including garbage, rubbish, or litter, and other decayable or nondecayable waste.

Rubbish shall mean both garbage and trash and shall include all animal, vegetable and inorganic matter subject to discard that is generated from within a household, residence, or business, such as, but not limited to, coffee grounds, tin cans, paper bags, boxes, glass, and food articles. It shall also include all animal, vegetable, and inorganic matter subject to discard that is not typically generated from within a household, residence, or business, such as, but not limited to, shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked or dismantled machinery, tractors, automobiles, and other similar wastes.
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