Villages of Woodland Springs Homeowners Association

Fort Worth City Code

Weeds

DIVISION 2. HIGH WEEDS AND GRASS

Sec. 11A-8. High weeds and grass prohibited.
(a) Any property upon which weeds or grass exceed an average of twelve (12) inches in height, is hereby declared to be a nuisance.
(b) A person commits an offense if the person owns, occupies, or controls any real property upon which weeds or grass exceed an average of twelve (12) inches in height.
(c) A person commits an offense if the person owns, occupies, or controls any real property and fails to maintain the parkway adjacent to the property free of weeds and grass that exceed an average of twelve (12) inches in height.
(d) In a prosecution or other enforcement action of subsections (a) or (b) above, it is an exception that the real property was a lot, tract, or parcel of land of two (2) or more acres under common ownership and the high grass or weeds was no closer than one hundred (100) feet to:
(1) Any adjacent street; or
(2) Any structure or other improvement on any adjacent property owned by another person.
(e) The provisions of this section apply to real property located within the City of Fort Worth.
(Ord. No. 12931, § 1, 3-25-97)

Sec. 11A-9. Abatement of high weeds or grass.
(a) The director is hereby authorized to give notice to the owner of any property upon which high grass and weeds exist to abate the nuisance.
(b) If the owner of the property does not comply with an abatement notice issued by the director within ten (10) days after the date the notice is received, the director may:
(1) Enter the property and do or cause to be done the work required to abate the nuisance; and
(2) Pay for the work done and charge the expenses to the owner of the property.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed the owner at the owner's post office address; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
a. By publication at least twice within ten (10) consecutive days;
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, if the property contains no buildings.
(d) Notice will be deemed to have been received:
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three (3) days after it was mailed;
(3) For notice by publication, on the date that the last notice was published in the official newspaper; or
(4) For notice by posting, ten (10) days after notice was posted.
(e) The director in the notice of a violation may inform the owner by certified mail, return receipt requested, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property.
(f) If a violation covered by a notice under subsection (e) occurs within the one-year period, and the director has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (a)(1) and (2) and assess its expenses as provided by section 11A-11.
(Ord. No. 12931, § 1, 3-25-97)

Sec. 11A-10. Abatement of weeds or grass in excess of forty-eight (48) inches.
(a) The director may abate, without notice, weeds or grass that:
(1) Have grown higher than forty-eight (48) inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) Not later than the tenth day after the date the director abates weeds or grass under this section, the director shall give notice to the property owner in the manner required by section 11A-9.
(c) This notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations that occurred on the property;
(3) A statement that the city abated the weeds or grass; and
(4) An explanation of the property owner's right to request an administrative hearing about the city's abatement of weeds or grass.
(d) The director shall conduct an administrative hearing on the abatement of weeds or grass under this section if, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files with the director a written request for a hearing.
(e) An administrative hearing conducted under this section shall be conducted not later than the twentieth day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds.
(f) The director may assess expenses and create liens under this section in accordance with section 11A-11.
(Ord. No. 12931, § 1, 3-25-97)

Sec. 11A-11. Assessment of expenses; lien.
(a) All expenses incurred by the city to abate high grass or weeds, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property.
(b) To obtain a lien against the property, the director shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) The lien shall be security for the expenditures made and interest accruing at the rate of ten (10) percent per annum on the amount due from the date of payment by the city.
(d) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(e) A lien may not be filed against real estate protected by the homestead provisions of the Texas Constitution.

Trash and Recycling

DIVISION 2. HOUSEHOLD COLLECTION*

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*Editor's note: Ord. No. 15463, § 7, adopted Feb. 25, 2003, amended Div. 2, in its entirety, to read as herein set out in §§ 12.5-821--12.5-828. See the Code Comparative Table.

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Sec. 12.5-821. City household collection service.
(a) The owners or occupants of single-family residences, duplex residences, garage apartments, and mobile homes or trailers occupied as dwelling units, shall be required to use city household collection services. Occupants of such premises may remove and transport their own solid waste, but shall receive no credit on their accounts for doing so.
(b) The use of city household collection services shall be optional for:
(1) Multi-family dwelling buildings and complexes containing three (3) or more dwelling units; and
(2) And for any mobile home park whose drinking water supply is provided by well water or is provided by the city through a common meter.
(c) Individual customers may choose between curb service and carry-out service for household garbage and rubbish collection and recycling collection. The director shall have the authority to designate the location for collection, with consideration for such factors as: convenience for the collector; convenience for customers; hazardous conditions such as cables, utility poles, equipment clearance, animals; and collection costs.
(d) The director shall charge a fee for elective carry-out service in an amount determined by the city council.
(e) A person requesting disabled carry-out service shall annually submit an application to the director for approval. Such application shall be in a form prescribed by the director. The application shall be certified by a licensed physician stating that the applicant is disabled and unable to take his/her garbage and recyclables to the curb for collection. If applicant's disability is blind, the certification may also be made by a doctor of optometry.
(Ord. No. 15463, § 7, 2-25-03)

Sec. 12.5-822. Preparation of household garbage and rubbish for collection.
(a) Except as provided in subsection (b), garbage and rubbish shall be placed for city household collection service only in garbage carts provided by the city. Within a cart, garbage and rubbish shall be contained in disposable plastic bags.
(b) Plastic bags containing garbage and rubbish may be placed for collection under the following circumstances, and only if the plastic bags are designed specifically for use as trash bags, are leak proof, are of sufficient strength to resist tearing under normal handling and are securely tied:
(1) A service unit that is utilizing and paying for two (2) ninety-six (96) gallon garbage carts may place up to one-half ( 1/2) cubic yard of garbage and rubbish, i.e., two (2) thirty-gallon plastic bags, that is bagged and weighing no more than forty (40) pounds for collection next to the garbage carts, but only after the garbage carts have been filled.
(2) Each service unit may purchase pay bags from the city and may place such pay bags for collection next to the garbage carts, not withstanding subsection (b)(1) above.
(3) Each service unit may place up to one-half ( 1/2) cubic yard of garbage and rubbish, i.e., two (2) thirty-gallon plastic bags, for collection outside the garbage cart on the first scheduled collection day following thanksgiving day, Christmas day and New Years Day, provided such garbage and rubbish is in a plastic bag or in a box weighing no more than forty (40) pounds.
(c) Yard trimmings shall not be placed in garbage or recycling carts or plastic bags.
(d) Injurious materials shall be prepared for collection as follows:
(1) Broken glass, hypodermic needles, sawdust, ashes and other potentially injurious materials that may cut sanitation workers or blow into their eyes during loading shall be wrapped securely and labeled as to their contents before being placed in carts for collection, so as to protect sanitation workers from injury and disease.
(2) Animal excrement shall be placed in a plastic bag and securely tied.
(3) Dead animals weighing less than five (5) pounds shall be wrapped in accordance with section 12.5-803(b)(2) before being placed in carts for collection.
(4) All ashes shall be allowed to stand until cold to the touch before being placed in carts for collection.
(5) All refuse that is mixed with liquids and all containers of liquids shall be drained before being placed in carts for collection.
(6) Containers that held household chemicals shall be triple rinsed and rendered unusable before being placed in carts for collection.
(e) A person commits an offense if a person:
(1) Places garbage or rubbish for collection in violation of this section; or
(2) Allows garbage or rubbish placed on property under his/her control to remain on such property in violation of this section.
(f) Except as provided in subsections (b)(1), (2) and (3) a service unit which has placed on its curb for collection, garbage and rubbish in plastic bags that are not city pay bags and are outside of a garbage or recycling cart, may be subject to a service charge on the service unit's water bill for the collection of such garbage and rubbish. Nothing within this subsection shall prevent the city from issuing a citation for any violation within this section.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 7, 10-26-04)
Sec. 12.5-822.1. Reserved.
Editor's note: Ord. No. 16189, § 6, adopted Oct. 26, 2004, repealed § 12.5-822.1, which pertained to preparation of household garbage and rubbish for collection--text of section effective on June 30, 2003. See also the Code Comparative Table.

Sec. 12.5-823. Preparation of yard trimmings and small bundled brush for collection.
(a) Except as provided by subsection (d), yard trimmings shall be placed for city household collection service either in kraft bags supplied by the service unit, or in an optional yard trimmings cart purchased by the service unit from the city.
(b) Kraft bags to be used for yard trimmings shall be designed specifically for lawn and garden use, be of a thirty (30) gallon capacity, and composed of two-ply, multi-grade wet strength natural kraft paper. An unlimited amount of kraft bags may be placed for city household collection service.
(c) Only yard trimmings shall be placed in kraft bags or yard trimmings carts for city collection. Plastic bags shall not be used for the disposal and/or collection of yard trimmings.
(d) An unlimited amount of small bundled brush may be placed for city household collection service and each bundle shall be securely tied with one (1) or more bands of twine or string.
(e) A person commits an offense if a person:
(1) Places yard trimmings or small bundled brush for collection in violation of this Section; or
(2) Allows yard trimmings or small bundled brush placed out for collection on property under his/her control to remain on such property in violation of this section.
(f) A person commits an offense if a person:
(1) Places for collection, a kraft bag or a yard trimmings cart that contains material other than yard trimmings; or
(2) Allows a kraft bag or a yard trimmings cart that contains material other than yard trimmings and that is placed for collection on property under his/her control to remain on such property in violation of this section.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 8, 10-26-04)

Sec. 12.5-823.5. Preparation of brush for collection.
(a) Brush as defined in section 12.5-103, shall be placed at the curb for city household collection according to the provisions of this section.
(b) No more than ten (10) cubic yards of brush per household may be placed out for collection per scheduled collection day.
(c) Brush must be free from hardware, nails and treated wood.
(d) Brush shall be collected as follows:
(1) Brush piles of up to three (3) cubic yards placed at the curb on the scheduled collection day within the set-out period described in section 12.5-825(a) will be collected on that scheduled collection day.
(2) Brush piles in excess of three (3) cubic yards but no more than ten (10) cubic yards placed at the curb on the scheduled collection day within the set-out period described in section 12.5-825(a) will have three (3) cubic yards collected on the scheduled collection day and the remainder will be collected within seventy-two (72) hours of the scheduled collection day.
(e) A person may not set out additional brush on or nearby a brush pile that is left by the city's collector for collection as stated in subsection (d).
(f) Uncontained leaves and yard trimmings shall not be placed out for collection as brush.
(g) Brush must be separated and apart from garbage and recycling carts, kraft bags, yard trimmings carts, plastic bags including pay bags, violation bag tags and bulky waste.
(h) A person commits an offense if a person:
(1) Places brush at the curb of a service unit for collection in violation of this section; or
(2) Allows brush placed for collection in violation of this section on property under his/her control to remain on such property.
(i) A person is subject to a service charge for collection of a brush pile in excess of ten (10) cubic yards or placed out for collection at a time not allowed for by section 12.5-825(a). Such fee shall be assessed on the service unit's water bill pursuant to the fee schedule adopted by the city council. Nothing herein shall prevent the city from issuing a citation for a violation described in this section.
(j) A person is subject to a service charge for collection of a brush pile which contains garbage, recyclables, kraft bags, yard trimmings, plastic bags including pay bags, violation bag tags and bulky waste, commingled with or on top of the brush pile, or if such items are placed so close to the brush pile that the items cannot reasonably be removed from the brush pile. Such service charge shall be placed on the service unit's water bill pursuant to the fee schedule adopted by the city council. Nothing hereinshall prevent the city from issuing a citation for a violation described in this section.
(Ord. No. 16189, § 9, 10-26-04)

Sec. 12.5-824. Preparation of recyclables for collection.
(a) In order to help the city achieve its state-mandated recycling goal of forty (40) percent, in order to reduce the amount of material deposited in the city's landfill and thereby extend the life of such landfill, and in order to reduce the amount of virgin materials being used in manufacturing, the city strongly encourages its citizens to participate in the city's household recycling program.
(b) Recyclables shall be placed for city household collection service only in recycling carts provided by the city.
(c) Except as provided by subsection (d), the following materials may be placed in recycling carts for collection:
(1) Paper:
• Advertising circulars
• Carbonless paper
• Cardboard - cereal boxes (liners removed), soft drink and beer cartons, dry goods packaging, corrugated cardboard, paper towel and toilet paper cores. Large boxes must be broken down or cut to fit in the cart with the lid securely closed.
• Catalogues
• Envelopes - with or without windows
• Junk mail
• Magazines
• Newspapers - all sections
• Office paper - file folders, letterhead, sticky notes, printer paper, calendars, school papers
• Paperback books
• Paper bags
• Phone books
(2) Metals:
• Aluminum drink cans (not flattened)
• Aluminum baking tins (cleaned)
• Steel or tin food cans and lids
• Empty aerosol cans (leave spray nozzle on; remove plastic lid unless part of can)
• Steel paint cans (empty and dry) - remove lid, but recycle also
(3) Glass and ceramics:
• Bottles and jars - remove metal and plastic lids and recycle them
• Ceramics
• China
• Dishes
• Mirrors - must fit inside cart with lid closed
• Windowpanes
(4) Plastics:
• Bottles, cups and jars with the #1 through #7 recycling symbols on them
• Food trays, tubs and bowls with the #1 through #7 recycling symbols on them
• Plastic eating utensils
(d) The following materials are prohibited materials and shall not be placed in a recycling cart for collection:
• Aluminum foil
• Auto glass
• Drink boxes and straws
• Gift wrap
• Greeting cards
• Hardcover books
• Light bulbs
• Paper milk and juice cartons
• Plastic containers that held hazardous materials such as motor oil, paint, pesticide or weed killer
• Plastic grocery sacks
• Pizza boxes
• Polystyrene foam including cups, formed packing materials and "peanuts"
• Toys
• Waxed paper and waxed food containers
• Garbage
• Yard trimmings
• All other material not specifically allowed for by subsection (c).
(e) The director is authorized to add and delete materials to subsections (c) and (d) as the market for recyclables changes.
(f) The director is authorized to amend preparation requirements for recyclables in accordance with market variables.
(g) A person commits an offense if the person removes or causes the removal of recyclables from a recycling container placed for collection.
(h) It is an exception to an enforcement action brought for a violation of subsection (g) that the person was a member of the household that placed the recyclables for collection, or a sanitation worker employed by the collector who is engaged in city household collection service.
(i) A peace officer acting in his or her official capacity is exempt from subsection (g).
(j) A person commits an offense if a person:
(1) Places prohibited material in a recycling cart for collection in violation of this section; or
(2) Allows prohibited material placed in a recycling cart set out for collection in violation of this section to remain on property under his/her control.
(k) A person commits an offense if that person removes or causes the removal of recyclables from a recycling cart that does not belong to that person when that cart is placed for collection.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 10, 10-26-04)

Sec. 12.5-825. Placement of garbage, yard trimmings, small bundled brush, brush and recyclables for curbside city household collection service.
(a) Garbage carts, plastic bags including pay bags and violation bag tags, recycling carts, kraft bags, yard trimming carts, small bundled brush and brush shall be placed at the curb no later than 7:00 a.m. on the scheduled collection day as determined by the director, and no earlier than 6:00 p.m. On the day preceding the scheduled collection day. All carts and plastic bags, including pay bags and violation bag tags, shall be removed from the curb, and from public sight, by 11:59:59 p.m. of the scheduled collection day unless a missed collection is reported to the solid waste customer service section in accordance with section 12.5-825 (f) below.
(b) Carts, plastic bags including pay bags and violation bag tags, kraft bags, small bundled brush, and brush shall not be placed in the street, in an alley on a sidewalk or on a vacant lot.
(c) Carts shall be placed for collection at the curb:
(1) With the lids closed;
(2) With the hinges facing away from the street; and
(3) With a minimum clearance of two (2) feet to each side of the cart and a half foot to the rear of the cart from any fence, gas or water meter, fire hydrant, utility pole, utility box, tree, or shrub that could be damaged by collection equipment or other collection container, bundles of brush, or other obstruction.
(d) Carts placed for collection shall not exceed the following weights when loaded:
• 32-gallon Cart - 150 pounds
• 64-gallon Cart - 200 pounds
• 96-gallon Cart - 250 pounds
(e) Kraft bags shall be placed for collection at the curb with their tops rolled shut to prevent the contents from blowing out, and shall be at least two (2) feet from any cart.
(f) The owner and/or person in control of a service unit that does not receive a regularly scheduled collection of garbage, recyclables, yard trimmings, brush and small bundled brush by the city's collector must call the solid waste customer service section to report such missed pick-up by 7:00 pm of the day following the collection day. An owner or person in control of a service unit who fails to report a missed pick-up within such time above must remove all carts, bags, brush and small bundled brush until thenext regularly scheduled collection day for that service unit.
(g) A person commits an offense if a person:
(1) Places a cart, any garbage bag, kraft bag, small bundled brush or brush for collection in violation of this section; or
(2) Allows a cart, any garbage bag, kraft bag, small bundled brush, or brush placed for collection in violation of this section to remain on property under his/her control.
(h) A person commits an offense if a person:
(1) Blocks access to or causes access to be blocked to a cart that has been placed for collection at the curb of a service unit; or
(2) Allows access to a cart that has been placed at the curb for collection on property under his/her control to remain blocked.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 11, 10-26-04)

Sec. 12.5-826. Placement of garbage and recyclables for carry-out city household collection service.
(a) Household garbage and rubbish shall be prepared for carry-out household collection service as required by section 12.5-822, and the cart placed at a point adjacent to the dwelling with the lid securely closed.
(b) Recyclables shall be prepared for carry-out household collection service as required by section 12.5-824, and the cart placed at a point adjacent to the dwelling with the lid securely closed.
(c) Yard trimmings shall be prepared for carry-out household collection service as required by section 12.5-823, and the optional yard trimmings cart placed at the curb of the service unit with the lid securely closed.
(d) Residents who use the city's disabled carry-out collection service are not required to remove their cart from public sight from the front of their service unit.
(e) Carts placed for carry-out collection shall not exceed the following weights when loaded:
• Thirty-two-gallon cart--One hundred fifty (150) pounds
• Sixty-four-gallon cart--Two hundred (200) pounds
• Ninety-six-gallon cart--Two hundred fifty (250) pounds
(d) A person commits an offense if the person places garbage and rubbish and recyclables for carry-out collection in violation of this section.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 12, 10-26-04)

Sec. 12.5-827. Maintenance and storage of carts.
(a) A garbage or recycling cart supplied to a person by the city for use at their service unit remains the property of the City of Fort Worth. It is assigned to a specific address, and may be removed from the service unit only by the director or the director's contractor.
(b) No person other than the director or the director's contractor shall alter any markings on a cart nor add markings to a cart.
(c) The owner and/or person in control of the service unit shall be responsible for keeping clean all carts that have been supplied by the city for the service unit's use.
(d) An owner and/or person in control of a service unit shall promptly notify the director of the theft of a garbage or recycling cart or any need for repair or replacement of a garbage, recycling, or yard trimmings cart.
(e) When not placed for collection, carts shall be stored by the service unit in a secure place at that service unit. The carts shall be stored so as not to be visible to a person standing in front of the service unit.
(f) A service unit may be charged for damage to the cart(s) which is not caused by the ordinary use of the cart as reasonably determined by the director.
(g) The director may require a larger cart to be used by the service unit after an owner and/or person in control of a service unit has cumulatively received three (3) or more notices of violations of this chapter within a ninety (90) day period, based upon reasonable evidence to the director. A conviction for such violation(s) is not mandatory. An owner or person in control of a service unit may appeal such decision pursuant to section 12.5-842.1 and 12.5-842.2.
(h) A person commits an offense if the person maintains his/her cart in violation of this section.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 13, 10-26-04)

Sec. 12.5-828. Bulky waste collection.
(a) Bulky waste items shall be placed at the curb for collection no later than 7:00 a.m. on Monday of the scheduled bulky waste collection week for that service unit and no earlier than 6:00 p.m. on the Friday preceding the scheduled bulky waste collection week for that service unit.
(b) No more than ten (10) cubic yards of bulky waste per service unit may be placed out for collection per scheduled bulky waste collection week.
(c) Bulky waste must be separated and apart from garbage, recyclables, kraft bags, yard trimmings carts, plastic bags including pay bags and violation bag tags and brush.
(d) Bulky waste shall be placed for collection as follows:
(1) To facilitate loading, materials shall be placed neatly and in as tight a stack as possible at a point adjacent to the front curb. Materials shall be stacked away from utility poles, water and gas meters, fences, mail boxes, fire hydrants, trees, parked cars, power lines, and other obstructions to prevent damage by collection equipment and to allow the safe collection of the materials.
(2) Materials shall not be placed in the street, in an alley, on the sidewalk, or on a vacant lot.
(3) Refrigerators, freezers, dehumidifiers, air-conditioning units, and other appliances must be free of CFCs/HCFCs. These items shall not be collected until the service unit has provided proof to the collector that CFCs/HCFCs have been removed from the appliance by a licensed technician.
(e) A person commits an offense if a person:
(1) Places bulky waste for collection in violation of this section; or
(2) Allows bulky waste placed for collection on property under his/her control in violation of this section to remain on such property.
(f) A person commits an offense if a person alters, separates, or removes any bulky waste item from a pile other than his/her own.
(g) A person is subject to a service charge for collection of a bulky waste pile that is greater than ten (10) cubic yards. Such charge shall be assessed on the service unit's water bill pursuant to the fee schedule adopted by the city council. Nothing herein shall prevent the city from issuing a citation for a violation described in this section.
(h) A person is subject to a service charge for collection of a bulky waste pile which contains garbage, recyclables, kraft bags, yard trimmings, plastic bags including pay bags and violation bag tags and brush commingled with or on top of the pile, or if such items are placed so close to the bulky waste pile that such items cannot reasonably be removed from the bulky waste pile. Such charge shall be assessed on the service unit's water bill pursuant to the fee schedule adopted by the city council. Nothing herein shall prevent the city from issuing a citation for a violation described in this section.
(i) A person is subject to a service charge for collection of a bulky waste pile that is placed for collection during a time other than that service unit's set-out period described in subsection (a) above during the regularly scheduled bulky waste collection week. Such charge shall be assessed on the service unit's water bill pursuant to the fee schedule adopted by the city council. Nothing herein shall prevent the city from issuing a citation for a violation described in this section.
(Ord. No. 15463, § 7, 2-25-03; Ord. No. 16189, § 14, 10-26-04)