State law references–Authority to enforce laws to protect public health, V.T.C.A., Health and Safety Code, sec. 121.003; local regulation of sanitation, V.T.C.A., Health and Safety Code, ch. 342; minimum standards of sanitation and health protection, V.T.C.A., Health and Safety Code, ch. 341.

The Village of Point Venture desires to ensure good communication exists between the Village officials and employees and the personnel of the food establishments operating in the Village when such communication is needed. The Village recognizes the benefit of Village personnel having contact information for responsible personnel of the food establishments. The purpose of this ordinance is to require registration of food establishments that are obligated by state or other law to be permitted so that Village personnel have contact information for such responsible personnel.

(Ordinance 2004-07-01, sec. 1.101, adopted 7/6/04; Ordinance adopting Code)

1. Any person who operates a food establishment that is required by state or other law to be permitted shall provide evidence of such permit to the Village and shall make written application for registration on a form provided by the Village. Such application shall include:
   1. the name, address and telephone number of the owner.
   2. the location and type of the food establishment.
   3. the name, address and telephone number of a person or of persons who can be contacted in an emergency.
   4. the signature of the applicant.
2. The Village will provide written confirmation to the applicant of the Village’s approval or denial of the registration. An approved registration shall be issued to the applicant unless the Village determines that the application contains false or misleading information or that required information is omitted.
3. The registration shall be valid until the owner ceases to operate the food establishment.
4. The owner must notify the Village within ten (10) calendar days, in writing, of any changes to information submitted in the application.

(Ordinance 2004-07-01, sec. 1.102, adopted 7/6/04; Ordinance adopting Code)

1. The Village may revoke a food establishment registration if the owner or the owner’s agent does not comply with the requirements of this section.
2. Upon revocation, the Village shall notify the owner and emergency contact(s), if any, of the revocation in writing and the reason for such revocation.
3. An applicant may apply for reinstatement of a revoked registration after the expiration of thirty days running from the date of the revocation of registration.
4. An applicant of a denied or revoked food establishment registration may appeal the denial or revocation by filing a written request for a hearing with the Village Secretary within ten (10) calendar days following the denial or revocation of such registration. If a request for a hearing is received, a hearing shall be held before the Board of Adjustment within forty-five (45) calendar days of the Village Secretary's receipt of request. The Board of Adjustment shall issue a written decision affirming or reversing the denial or revocation of the registration. The decision of the Board of Adjustment shall be final.

(Ordinance 2004-07-01, sec. 1.110, adopted 7/6/04; Ordinance adopting Code)

1. It shall be unlawful for any person to operate a food establishment without an approved registration for such property.
2. It shall be unlawful to falsify or omit any information on a registration application.
3. It shall be unlawful to fail to update the Village of any of the information provided for registration within ten (10) business days of a change in such information.
4. Any person or entity who violates any of the provisions of this article 7.02 is guilty of a misdemeanor and upon conviction shall be punished by a fine in the amount not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) per violation, and each day such violation exists shall constitute a separate offense.

(Ordinance 2004-07-01, sec. 1.105, adopted 7/6/04)

This article is adopted so that the village council may promote the public health, safety, and general welfare within the village through the adoption of a litter ordinance. By the adoption of a litter control ordinance, the village council seeks to prevent health risks, bodily injury, death, and property damage within the village limits.

When used in this article, the following definitions shall apply, unless the context clearly indicates otherwise:

Industrial wastes means all liquid- and water-borne solid, liquid or gaseous wastes resulting from industrial manufacturing, food-processing operations, or processing any natural resource, or any mixture of such wastes with water or domestic sewage.

Litter shall mean and be defined, consistent with chapter 365 of the Texas Health and Safety Code, as:

1. All decayed and unwholesome food;
2. All pools of stagnant water or vessels holding stagnant water in which insects can breed;
3. Carcasses of animals not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death;
4. Accumulations of manure, rubbish, trash, rubble, refuse, debris, paper, combustible material, building materials, offal or waste, or matter of any kind or form which is uncared for, discarded, or abandoned, or improperly stacked building materials, all of which are potential breeding places for fires, insects or other vermin;
5. All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise, and which endanger the health, peace and safety of the public;
6. Any solid waste or industrial waste, including but not limited to garbage, tin cans, bottles, rubbish, refuse, trash, construction waste or demolition waste, tree and shrub trimmings, manufacturing waste or industrial waste, dumped, thrown, burned, spilled or abandoned;
7. Trees damaged or dead to the extent that a limb, tree or part could fall or has fallen down.

Person means any person, firm, corporation, association or other entity.

Premises means real estate, improved or unimproved.

Private property means a platted lot or part thereof, either occupied or unoccupied, of which the owner has control.

Public nuisance means unlawfully doing an act or omitting to perform a duty, which act or omission does any one or more of the following:

1. Annoys, injures or endangers the safety, health, comfort or repose of others; or
2. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous passage to the lake, park or streets.

Public property means all property within the village that is not private property.

1. Enforcement. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared a nuisance.
2. Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum not more than five hundred dollars ($500.00), except as may be otherwise expressly provided by state law. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor punishable by a minimum fine of $25.00 and a maximum fine of to $500.00 plus court costs and administrative fees.
3. Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
   2. A civil penalty up to one thousand dollars ($1,000.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
   3. Other available relief.

No person shall create any litter in the village, and no person shall through inaction permit any litter to occur or continue on any property under such person’s control, nor shall any person permit litter to occur involving any personal property under such person’s control.

Any person or persons who observe the creation or continuation of litter as defined above which poses a potential threat to the public health or to the environment shall immediately report the incident to the mayor or his/her designee of the village and shall provide any information requested by the mayor or his/her designee needed to investigate or abate the act.

1. Private property.
   1. It shall be the duty of any owner and/or occupant of any lot or premises within the village limits to remove or cause to be removed all such litter as may be necessary to comply with this article. The owner and/or occupant shall be notified in writing to correct, remedy or remove the condition within fifteen (15) days after such notice is given (unless granted a variance, in writing, from the office of the mayor), or the village has the option of issuing a warning or a citation or starting enforcement procedures.
   2. It shall be the duty of any person or persons found to dispose, place or cause litter to be disposed or placed on any property, private or public, within the village limits, to remove or cause to be removed all such litter as may be necessary to comply with this article within fifteen (15) days of notification, verbal or written (unless granted a variance, in writing, from the office of the mayor), or the village has the option of issuing a warning or a citation or starting enforcement procedures. Litter shall not be burned on any private property within the village limits, unless the office of the mayor grants a waiver in writing. Violating this provision will be considered a class C misdemeanor (maximum fine as established by the general penalty provided in section 1.01.009 of this code, plus court costs and administrative fees).
2. Public property. It shall be the duty of any person or persons found to dispose, place or cause litter to be disposed or placed on any public property within the village limits to remove or cause to be removed all such litter as may be necessary to comply with this article within fifteen (15) days of notification, verbal or written, or the village has the option of issuing a warning or a citation or starting enforcement procedures.

(Ordinance 2010-06-02 adopted 6/7/10; Ordinance 2012-08-01 adopted 8/6/12; Ordinance adopting Code)

When used in this article, the following definitions shall apply, unless the context clearly indicates otherwise:

Garbage means decayable waste from a public or private establishment or restaurant.

Neighborhood means (1) a platted subdivision or (2) property contiguous to and within 300 feet of a platted subdivision.

Premises means all privately owned property, including vacant land or a building designed or used for residential, commercial, business, industrial, or religious purposes. The term includes a yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the property

Refuse means garbage, rubbish, paper, and other decayable and nondecayable waste, including vegetable matter and animal and fish carcasses.

Rubbish means nondecayable waste from a public or private establishment or residence, including newspapers, abandoned vehicles, refrigerators, stoves, furniture, tires, and cans.

(Ordinance adopting Code)

1. The following conditions on property are prohibited with the village:
   1. The accumulation of stagnant water or the existence of any condition that may produce disease.
   2. The accumulation of filth, carrion, or other impure or unwholesome matter.
   3. The existence of weeds, grass or brush, save and except crops that are regularly cultivated, at a height greater height than twelve (12) inches within one hundred fifty (150) feet of any property line which abuts a street right-of-way or a developed premises or within one hundred fifty (150) feet of any building or structure.
   4. The accumulation of refuse, including yard waste, on premises in a neighborhood unless the refuse is entirely contained in a closed receptacle.
   5. The accumulation of rubbish on premises in a neighborhood for 10 days or more, unless the rubbish is completely enclosed in a building or is not visible from a public street.
   6. The maintenance of premises in a neighborhood in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or other disease-carrying pests.
   7. The existence of a tree, brush or other vegetation, or a portion thereof, that:
      1. is at a height of less than 12 feet above the pavement of a street or alley;
      2. grows on the curb or edge of the street or alley; or
      3. obscures a motorist’s or pedestrian’s view of any street, street intersection, traffic control device or sign.
2. Any owner or occupant of property upon which a condition set forth in subsection (a) of this section exists or any person causing, permitting or allowing such a condition shall be deemed in violation of this section.
3. It shall be the duty of any owner or occupant of property on which any condition set forth in subsection (a) of this section exists to abate such violation.
4. Each condition prohibited in subsection (a) of this section is specifically declared to be a public nuisance, and as such, may be abated by the village.

(Ordinance adopting Code)

1. In the event that any owner of property within the village fails to comply with the provisions of section 7.05.002, it shall be the duty of the building official to give seven (7) days’ notice to such person that the village may do the work required and pay for the work done and charge the expenses to the owner of the property.
2. 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:
      1. By publication at least once;
      2. By posting the notice on or near the front door of each building on the property to which the violation relates; or
      3. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
3. If the village mails a notice to a property owner in accordance with subsection (b), 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 as delivered.
4. In a notice provided under this section, the village may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, 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 village without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the village has not been informed in writing by the owner of an ownership change, then the village without notice may take any action permitted and assess its expenses as provided by V.T.C.A., Health and Safety Code, section 342.007.

(Ordinance adopting Code)

1. If any person fails or refuses to comply with the provisions of section 7.05.002 after notice as provided in section 7.05.003, then the village may do such work or cause the same to be done in order to bring the property into compliance and may pay the expenses for doing or having the work done on the property and cause the expense to be assessed in the form of a lien on the property upon which such expense is incurred.
2. A statement of expenses shall be filed by the mayor or his designated representative with the county clerk, and upon filing, the village will have a privileged lien on the property, inferior only to tax liens and liens for street improvements. The amount of such expenditures shall bear ten percent (10%) per annum interest from the date of payment by the village until paid by the property owner. For any such expenditures and interest, suit may be instituted and foreclosure had in the name of the village, and the statement, or a certified copy thereof, shall be prima facie proof of the amount expended on such work.

(Ordinance adopting Code)

1. The village 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.
2. Not later than the 10th day after the date the village abates weeds under this section, the village shall give notice to the property owner in the manner required by section 7.05.003.
3. 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 village abated the weeds; and
   4. An explanation of the property owner’s right to request an administrative hearing about the village’s abatement of the weeds.
4. The village shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the village a written request for a hearing.
5. An administrative hearing conducted under this section shall be conducted not later than the 20th 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 village’s abatement of the weeds.
6. The village may assess expenses and create liens under this section as it assesses expenses and creates liens under section 7.05.004. A lien created under this section is subject to the same conditions as a lien created under section 7.05.004.

(Ordinance adopting Code)

State law reference–Additional authority to abate dangerous weeds without notice, V.T.C.A., Health and Safety Code, sec. 342.008.

1. The purpose of this lot maintenance section is to reduce the risk of fire hazard in order to protect lives and property within the village. Maintenance of lots, both developed and undeveloped, is key to keeping the village safe and beautiful. The Village of Point Venture is a Firewise Community. In keeping with the Firewise program principles, notwithstanding the prohibitions of section 7.05.002, the following conditions are prohibited:
   1. All branches larger than four (4) inches diameter on trees located six feet or less from the ground.
   2. Grass, weeds and brush higher than twelve (12) inches.
   3. Vegetation, or a portion thereof, that is at a height of less than 12 feet above the pavement of a street or alley.
   4. Vegetation, or a portion thereof, that grows on the curb or edge of street.
   5. Vegetation, or a portion thereof, that obscures a motorist’s or pedestrian’s view of any street, alley, street intersection, traffic control device or sign.
   6. The placement of yard waste at the street or curb, except within forty-eight (48) hours of a scheduled pick up of such yard waste.
2. It is each individual property owner’s responsibility to provide for the landscaping of the owner’s property, including cutting limbs from trees, removing dead trees from private property and disposing of yard waste.

(Ordinance adopting Code)

Any person violating any of the provisions of this article shall be subject to a fine, upon conviction in the municipal court, in accordance with the general penalty provided in section 1.01.009 of this code. Each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate offense.

The village adopts the regulations and standards for swimming pools contained in section 341.064, Texas Health & Safety Code, as such section currently exists, as it may be amended from time to time, and as the department of state health services or state board of health may adopt rules and regulations pursuant thereto. (Ordinance 2004-07-02, sec. 1.101, adopted 7/6/04)

Authorized agent or employee. An employee of the village, a representative of the village designated by the village council, or an employee of the City of Austin acting as an agent of the village pursuant to an interlocal agreement between the village and the City of Austin.

State rules. Section 341.064, Texas Health & Safety Code, as such section currently exists, as it may be amended from time to time, and as the department of state health services or state board of health may adopt rules and regulations pursuant thereto.

Swimming pool. An artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and aquatic sports, or for therapeutic purposes, that is located within the corporate boundaries of the village. The term applies to any swimming pool that is open to the public, whether for compensation or not, and whether accessed by payment of admission, use of electronic key card, seasonal pass, or other special means of admission. The term does not include privately owned swimming pools that are not open to the public. The term includes any bathhouse, office, enclosed space or other facilities or appurtenances that comprise the grounds, equipment, and buildings of the swimming pool.

Village. The Village of Point Venture. Any reference herein to the village shall mean the village council or a person designated by the village council to perform the duties or exercise the authority provided for in this article.

(Ordinance 2004-07-02, sec. 1.102, adopted 7/6/04)

1. Any violation of this article shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code per day, subject to applicable state law. Each day a violation occurs constitutes a separate violation.
2. The village may authorize its attorney to initiate appropriate actions in a court of competent jurisdiction to enforce the provisions of this article or to enjoin such violations which occur within the village or any area subject to all or part of the provisions in this article. Prosecution or conviction under this provision shall not be a bar to any other remedy or relief for violations of this article.

(Ordinance 2004-07-02, sec. 1.110, adopted 7/6/04; Ordinance adopting Code)

A person may not operate a swimming pool without a permit issued by the village. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be posted at each swimming pool regulated by this article. (Ordinance 2004-07-02, sec. 1.103, adopted 7/6/04)

1. Any person now operating or desiring to operate a swimming pool in the village must make a written application for a permit on forms provided by the village. The application must contain the name and address of each applicant, the location and type of the swimming pool and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required, may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.
2. Except for a swimming pool that is in existence and which has been in operation prior to the effective date of this article, prior to the approval of an initial permit for a swimming pool, an authorized agent or employee shall inspect the swimming pool to determine compliance with state laws and rules. A swimming pool that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
3. The fee for a permit shall be adopted annually by the village.
4. By acceptance of a permit, the permittee agrees to allow unannounced annual or periodic inspections for compliance with the state rules by an authorized agent or employee.

(Ordinance 2004-07-02, sec. 1.104, adopted 7/6/04)

1. Whenever a swimming pool is constructed or extensively remodeled, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the village for review before work is begun. Extensive remodeling means that 20% or greater of the area of the swimming pool is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the village if they meet the requirements or standards of the state rules or other applicable ordinance of the village. The approved plans and specifications must be followed in construction or remodeling.
2. Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.

(Ordinance 2004-07-02, sec. 1.105, adopted 7/6/04)

1. The village may, without warning, notice, or hearing, suspend any permit to operate a swimming pool if the operation of the swimming pool constitutes an imminent hazard to public health or if an authorized agent or employee informs the village that the swimming pool is noncompliant with the state rules and that its permit should be suspended. Suspension is effective upon service of the notice required by this section. When a permit is suspended, swimming pool operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
2. Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the village by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The village may end the suspension at any time if reasons for suspension no longer exist.

(Ordinance 2004-07-02, sec. 1.107, adopted 7/6/04)

1. The village may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the authorized agent or employee conducting an inspection of the swimming pool or otherwise performing his or her duties. Prior to revocation, the village shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period.
2. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.

(Ordinance 2004-07-02, sec. 1.108, adopted 7/6/04)

1. Notices. A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the village.
2. Hearings. The hearings provided for in these rules shall be conducted by the village at a time and place designated by it. Based upon the evidence presented at such hearing, the village shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the village.

(Ordinance 2004-07-02, sec. 1.109, adopted 7/6/04)