§ 17-70. Stagnant water.

(a)

It shall be unlawful and considered a public nuisance for any person owning, leasing or occupying real property, within the limits of the City of Denton, to fail to remove the accumulation or ponding of standing, stagnant, or nonmaintained water thereon or permit the same to remain, which may harbor or be a breeding ground for mosquitoes, flies, or other pests, or which may cause a foul odor, or adversely impact the public health and safety by any means. Accumulations or ponding of water shall not exceed a forty-eight-hour period under normal rainfall conditions as described by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration National Weather Service (NOAA).

(b)

A finding by a code enforcement officer or heath inspector of the City of Denton shall constitute prima-facie evidence that standing, stagnant, or nonmaintained water is conducive to the breeding or harboring of mosquitoes or other insects. Potential tools to make this finding may include measures of water turbidity, the presence of excessive organic matter in the water, the presence of foul odors, visually apparent algal growth, or the presence of mosquitoes, flies, or other pests. The presence of mosquito larva is not required for standing, stagnant, or nonmaintained water to be classified as a public nuisance.

(c)

It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section.

(d)

It shall be the duty of said persons to abate nuisances described in this article by:

(1)

Draining, filling or re-grading any lots, ground, or yards which have standing or stagnant water thereon; or

(2)

Treating the area with material, either natural or manmade that will eliminate any offensive odor and render the area harmless to the public health and eliminate the potential breeding ground for mosquitoes, flies, or other pests.

(e)

It shall be the duty of said persons to maintain items that are capable of collecting water, including but not limited to birdbaths, fountains, reflecting pools or ponds, private or semi-private swimming pools or other items so that they cannot harbor or be a breeding ground for mosquitoes, flies, or other pests or which may adversely impact the public health and safety or create an odor nuisance.

(Ord. No. 2010-132, § 1, 5-11-10)