Code Enforcement FAQs
What are code violations?
Violations that are not in compliance with City Ordinances.
What Complaints are not enforced by Code Enforcement?
- PROPERTY LINE DISPUTES - Contact a licensed surveyor
- DRAINAGE BETWEEN PROPERTIES
- OBSTRUCTION OF PRIVATE VIEWS
- PLANTS AT STREET INTERSECTIONS - (unless blocking traffic control device e.g., traffic signs or lights)
- DEED RESTRICTIONS/COVENANTS
Contact Homeowner’s Association
- TENANT/LANDLORD DISPUTES
Contact a private attorney
- NEIGHBORS TREE DAMAGING PROPERTY
Contact the neighbor first, or a private attorney
- PEELING PAINT ON HOUSE/FENCES
Contact the neighbor or Homeowner’s Association
- FENCE PLACEMENT -
A fence cannot be located in the right of way. To determine your property boundaries, contact a licensed surveyor
Are Garage Sales regulated?
Yes, this is a sale of used house hold or personal articles not exceeding for (4) days in length which is (i) Open to the public; (ii) held on a residential premises owned by one of the sellers and (iii) conducted more than ninety days after a similar sale at the same premise.
Are high weeds, grass, and brush violations?
It shall be unlawful for any person owning or occupying property in the City to allow weeds or brush to grow on the property to a height exceeding 12 inches, or regardless of height, to remain on the property in an unsightly manner. It shall be a defense to a violation of this section if the plant matter in question constitutes:
Regularly cultivated ornamental, fruit-bearing, vegetable-bearing, or flowering plants, bushes, or trees;
Regularly cultivated crops grown on property that is classified as agriculture exempt according to the tax rolls of the county;
Pasture lands on property that is classified as agriculture exempt according to the tax rolls of the country;
Heavily wooded property or property with steep slopes, on which mowing equipment cannot reasonably be used; or
Property which the city health official determines should be exempted because of the lack of harm to the public health, safety, and welfare.
Reference Code: Sec. 58-105. Nuisances prohibited
What is a nuisance?
Sec. 58-105 – Nuisances (b) (4) It shall be unlawful to allow rubbish, debris, trash, earth and construction materials, or any other unsightly, objectionable, or unsanitary matter to accumulate and remain on the property.
OTHER NUISANCES: It shall be unlawful for any person owning or occupying property in the city:
To allow holes or other places on the property to exist where water may accumulate and becomes stagnant;
To allow stagnant water to accumulate and remain on the property;
To all filth, carrion, putrescible waste, or any impure or unwholesome matter to accumulate and remain on the property.
Cross references: injunctions granted to prohibit nuisances activity, § 46-1.
What about junked vehicles?
Junked vehicle means a vehicle that is subject to registration pursuant to V.T.C.A., Transportation Code ch. 501, which is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; or b. A valid motor vehicle inspection certificate; and
a. Wrecked, dismantled or partially dismantled, or discarded; or
b. Inoperable and has remained inoperable for more than:
1. Seventy-two consecutive hours if the vehicle is on public property; or
2. Thirty consecutive days if the vehicle is on private property.
Motor vehicle collector means a person who:
(1) Owns one or more antique or special interest vehicle; and
(2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
Sec. 102-462 (9) Screening requirements. The screening requirements required by subsection (8)b.1 of this section shall not be deemed appropriate unless they meet the following standards:
a. If a fence is used as a screening device, it must comply with the specifications for type "A" screening set forth in Article 11-I-18(d.) of the city’s former Code of Ordinances, except that fence materials may include chain-link with screening slats interwoven through the chain-link mesh to create an opaque fence; or
b. If a vegetative screen is used as a screening device, it must be not less than six feet high with evergreen, year-round foliage approved by the director of planning and planted such as to create a solid screen between the location of the outdoor storage area and adjacent private property or public right-of-way; or
c. A combination of subsections (1) and (2) of this section.
What about signs?
Please refer to the sign ordinance
What about unlawful discharge?
ANYTHING OTHER THAN CLEAN CLEAR WATER DISCHARGED ONTO THE GROUND OR STORM DRAIN IS ILLEGAL!!
a. A person commits an offense if the person discharges or allows the discharge of any waster or pollutant into any water, in the city or within 5,000 feet of the city limits, that causes or threatens to cause water pollution unless the waste or pollutant is discharged in strict compliance with all required permit or with a valid and currently effective order issued or rule adopted by the appropriate regulatory agency.
b. Such prohibited conduct and the result thereof is a nuisance.
Reference code: Sec. 46-72. (Ord. No. 82-24, art. II, 7-27-1982; Code 1968, art. 9-IX-2)
Cross references: Waterworks and sanitary sewer system, § 110-31 et seq.; waste discharges, § 110-131 et seq.
State law references: Similar provisions, V.T.C.A., Water Code § 7.147
What about home occupation?
Art. 11-I-3 (59) Home Occupation:
Any activity carried out for gain by a resident which results in the provision or manufacturing of services and/or goods and is conducted as an accessory use in a dwelling unit.
(i) is managed and owned by a person residing in the dwelling unit;
(ii) has no more than one employee who is not a member of the immediate family of the owner/manager; or a member of the immediate family of the owner who does not live in the same dwelling unit;
(iii) has no commercial display visible from the exterior of the dwelling unit;
(iv) has no commercial show window visible from the exterior of the dwelling unit;
(v) requires no outdoor storage of materials, supplies, or equipment used in the business;
(vi) does not have vehicles or trailers parked on the premises in a place visible from adjoining property or public rights-of-way which identify by signs the occupation, business or activity are;
(vii) except for an unlighted name plate or business sign with a face not more than two square feet attached flush to the building, uses no exterior sign to identify the occupation or business or to indicate the means of access to the business, including, but not limited to, any directional sign;
(viii) does not generate pedestrian traffic, vehicular traffic or vehicular parking substantially greater or substantially different in kind or character than that ordinarily associated with a similar dwelling used solely for residential purposes;
(ix) requires the use of no more than three off-street parking spaces constructed on the premises;
(x) is no more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes;
(xi) does not result in the production of noise, odors, or fumes that constitute a public or private nuisance to neighboring properties;
(xii) subject to conformance with paragraphs (i) through (xi), above, may include:
(a.) Child care for up to six children under the age of fourteen years of age for a period of less than 24 hours a day; provided, however:
(1.) in no case shall the total number children related to the caretaker by birth, adoption, marriage or conservatorship plus the number of children not related to the caretaker exceed a total of twelve children; and
(2.) care must be provided in compliance with all applicable state and federal regulations, including, but not limited to, Title 40, Chapter 715, Texas Administrative Code, as amended.
(Ord. #2000-16, 09/25/2000)
(b.) instructional classes that are associated with art, dance, music, handicrafts, hobbies, health or fitness, and similar subjects;
(c.) grooming of dogs and cats of not more than four at any one time, provided that none are boarded as a kennel;
(d.) massage therapy, chiropractic care, or facial, hair, and nail salons, provided that no more than two clients may be served at one time;
(e.) repair of small personal items such as watches or jewelry;
(f.) photographic studios;
(g.) seamstress or tailoring services;
(h.) small custom manufacturing services; or
(i.) multi-level marketing or similar sales businesses based within the home;
(j.) gunsmithing subject to compliance with the following:
(1.) all work shall be conducted in a detached structure;
(2.) retail sales of a firearm is prohibited:
(3.) the discharge of a firearm is prohibited:
(4.) signage advertising the home occupation is prohibited; and
(5.) the use shall be conducted in conformance with federal and state laws and verification of all appropriate licensing, including licensing from the U.S. Bureau of Alcohol, Tobacco, and Firearms, shall be presented to the City upon request.” (Ord. #2009-06, 04/14/2009
(xiii) does not involve the repair of vehicles, large equipment, or large appliance,
(a.) not more than one vehicle or appliance is located on the property for purposes of repair; and
(b.) all work is carried on out of sight from the public by screening or conducting all work indoors; and
(c.) no vehicle left for repairs may be parked on a public street; occupation.
(xiv) does not involve retail sales except as part of a home-based multi-level marketing business or as incidental to another permissible home occupation.
(2) Standards of Operation. A home occupation shall comply with the following:
(a) Only one employee other than the occupants of the residence may be present on the premises at any one time. A person who receives a wage, salary, or percentage of profits directly related to the home occupation is considered an employee. This definition does not include the coordination or supervision of an employee(s) who does not regularly visit the residence for purposes related to the business.
(b) The outdoor storage of materials, goods, supplies, or equipment relating to the home occupation is prohibited.
(c) Any alteration to the exterior of a dwelling, which changes its residential appearance or character, is prohibited.
(d) The installation, storage, or use of any equipment or machinery not normally found as part of a household or general office is prohibited
(e) The outdoor display of merchandise for sale is prohibited.
(f) The creation of any offensive noise, odor, vibration, glare, smoke, fumes, or electrical interference, which is detectable outside the structure and not normally found within a residential area, is prohibited.
(g) The storage or use of toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials not normally found within a residential area is prohibited.
(h) Sales to customers who visit the residence may occur but not more than four (4) times per calendar years.
(i) Deliveries related to the home occupation by a vehicle of more than two (2) axles is prohibited.
(j) A home occupation may not increase the traffic volume on the street
(k) A home occupation may not use more than one (1) non-illuminated, on-site sign, which must either be: (1) flush-mounted to the primary residential structure and not exceed one square foot in size; or, (2) freestanding and placed in the front yard but no closer than 20 feet to any property line and not exceed six (6) square feet in size and three (3) feet in height. Any such sign may indicate only the name of the occupant and the home occupation and shall comply with the City’s Sign Code.
(3) Uses prohibited as a home occupation. The following uses are prohibited as a home occupation:
(a) Vehicle repair and service of any type, to include boats, recreational vehicles, and internal combustion engines.
(b) Uses involving the breeding, boarding, or kenneling of animals.
(c) Repair services for large appliances or equipment.
(d) Uses involving manufacturing and/or assembling.
(e) Uses involving the sale of fire arms, ammunition, or explosives.
(f) Medical offices and/or clinics.
(g) Barber and/or beauty shops including nail salons.
What about noise?
All noise complaints are handled by the Kerrville Police Department. If a citizen feels someone is causing an unreasonable noise at an unreasonable time, they should report this to the Kerrville Police Department.
Who should I call to report a problem with a restaurant or other food related business?
Please contact the Environmental Health 830-258-1514
How do I renewal my health food service permit
To renew your Health Permit, please visit our office located at 200 Sidney Baker St. North to complete a renewal application and pay your fees. A copy of the Certified Food Manager’s certificate is required at the time of renewal. If you have additional questions, please call Development Services at 830-258-1514?
Who is the Certified Food Manager?
The Certified Food Protection Manager is considered in charge of the permitted establishment and is required to be on-site during food preparation or where the business or operation is open to the public?
What is a grade card?
A card indicating the letter grade that is posted at the conclusion of an inspection which is based on the results from the inspection report form?
What is a temporary food establishment?
A food establishment that operates a stand or a booth for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration?
What is grease interceptor (grease trap)?
A plumbing appurtenance that reduces non-petroleum fats, oils and greases in effluent by separation or mass and volume reduction?
What are the Texas Food Establishment Rules?
The TFER is a comprehensive set of rules for the regulation of retail food establishments. These rules are based on the current FDA Model Code. In these rules, food establishments include restaurants, grocery stores, mobile food vendors, temporary food establishments, roadside food vendors and others?