The Levelland City Council held a Monday regular meeting where the group was presented the first draft concerning the ordinance that regulates the storage of agricultural commodities.
City Manager James Fisher provided an additional update regarding the Red Flour Beetle infestation at the Kauffman Addition. Fisher explained that the warmer temperatures are not favorable as the colder weather was keeping the remaining beetles within the area dormant.
“We are watching this and have talked to the Texas Department of Agriculture (TDA) about when they anticipate bringing traps back to the Levelland area,” said Fisher. “They are talking about March and we are trying to get them here sooner.”
Spraying for the beetles was planned originally for the later part of February, however, if the beetles do present themselves sooner due to the weather, Fisher added they will move the time line forward.
“We traditionally spray at night because of the wind conditions,” explained Fisher. “We cannot spray unless the wind is less than 10 miles per hour and it must be above 50 degrees.”
When it comes time to spray, city staff may put LED lights on the back of the spray rig as that attracts the beetles. Fisher added that the spray that is used only kills on contact.
“Unless the spray directly touches the bug, it will not kill it,” stated Fisher. “Talking to businesses out there nobody is seeing them, but as we have heard tonight they are seeing them in the neighborhood. We have to see what we can do concerning that.”
Fisher again emphasized how important the conditions must be to spray and is hopeful the weather will allow the city to spray the area in the coming weeks.
One citizen, Ava Corgill located in the Mike Street area took the opportunity to speak during the public comment portion of the meeting prior to the update. The council was informed that the beetles are back in homes as the individual had found several within their residence.
Corgill explained that she had her home sprayed recently and would not be able to have the company return for additional spraying until April due to health concerns of repeated spraying.
Following the update, Councilman Michael Stueart asked how often the city can spray without causing damage. Fisher did not have a concrete answer to that as he has spoked to multiple individuals about spraying.
Councilwoman Breann Buxkemper asked Fisher if the city plans on moving forward with the April clean-ups that were discussed in the previous council meeting at the end of January.
Fisher did confirm that the city and Republic are continuing to work together to target the area in April.
Buxkemper also reiterated to the public that TDA is responsible for removing the traps.
“My understanding was that the city was attempting to bring in the traps last Fall and TDA stepped in and said they wanted to do the traps,” added Fisher.
Fisher plans to talk to Levelland and Hockley County Emergency Management Coordinator to see if he can reach out to TDA on behalf of the city and bring back the traps. Fisher also explained to council that he would like a third-party to monitor and manage the traps.
“I know that if we do it there will be some that question every number we give and that is not fair to the city or my staff,” said Fisher. “If we could have TDA continue to do this that would take some impartiality out of this and it makes it a little bit easier.”
Currently, TDA is looking at a rough March 15 date to bring back the traps to the area.
Fisher did address the council regarding questions he received about the Red Flour Beetle and the tarps that are located at Penny Newman. The company did have the hulls covered in tarps but due to the high winds the tarps have continued to blow off. Fisher explained that the company is trying to figure out what they can put out there that will stay on the mounds, but the company is more focused on trying to remove the mounds all together.
“They have said they are more focused on trying to get the inventory turned around so they can get it out of there,” explained Fisher. “We are working with them on that and I know several people have commented and asked questions regarding the tarps.”
Discussion was also had concerning the second iteration of ordinance dealing with the storage of agricultural commodities. Originally brought to the council in the Fall, the city received a number of comments from agricultural businesses asking the city if they could look at it and make any suggestions.
“I know that our city attorney has worked at this extensively on this very rough draft and we have looked at comments from the Cotton Ginners Group and ADM,” said Fisher. “We didn’t put everything in that they were asking for, but I know our attorney had very long conversations hearing their viewpoints and thoughts. Mix those in with things we have heard here at the city and conversations he and I have had.”
The purpose of bringing the draft to the council during the meeting was to comb through it and Fisher is anticipating the first reading be held February 19 and the second reading would be the first meeting in March.
Before turning the presentation to City Attorney Matt Wade, Fisher explained to council that the original draft contained a 160 day compliance period and the city is looking to shorten that period to 60 days after the date of publication.
“Most of the groups have seen this ordinance in some form, so they know that this is coming forthwith,” said Fisher. “The reason initially for the long time period was initially asking for an improved surface or a concrete pad and Ag businesses told us right out that if we put that in there they could not comply with it because it would be cost prohibitive.”
Fisher added that the goal with the ordinance is to find the balance of protecting the citizens and work with the Ag business community as they do a lot for the community as a whole.
“Ultimately, this comes down to the city’s police power to abate nuisances,” said Wade. “That is still what we fall underneath. With that in mind, that is a lot of where these changes are done.”
The following information provided is the information contained within the drafted ordinance.
Agricultural Commodity Storage Requirements:
The purpose of this ordinance is to establish requirements governing the commercial or industrial storage of large quantities of unprocessed or raw agricultural commodities or agricultural byproducts that will be used or processed for industrial or commercial purposes in areas zoned for industrial and heavy commercial uses along major thoroughfare corridors and are intended to promote the health, safety, and welfare of the public by preventing the creation or maintenance of a public nuisance.
Any agricultural commodity business within the municipal limits of the city in an area zoned for industrial and heavy commercial uses that receives, stores or processes agricultural commodities shall operate such business and store and/or process such agricultural commodity in such a manner that: - It does not create a public nuisance as defined in this article; and - Is in compliance with the regulations and procedures outlined in this article.
All agricultural commodity businesses operating in the municipality subject to this article shall maintain an integrated pest management plan that follows and is consistent with the best management practices recommended by the US Environmental Protection Agency, the US Food and Drug Administration, or the Texas Department of Agriculture.
All shipments of agricultural commodities received by an agricultural commodity business prior to being stored by the agricultural business must be free of any infestation of a pest or considered a public nuisance prior to delivery and storage. The agricultural commodity business shall, upon request of the City, shall be required to provide documentation to the city code enforcement department confirming compliance with this provision.
All agricultural commodities must be stored at an agricultural commodity business and must be stored in a manner compliant with all applicable U.S. Code of Federal Regulations, including, but not limited to, U.S. Code of Federal Regulations, Title 21, Section 507.17.
Regardless of the length of time an agricultural commodity is stored, in the event any agricultural commodity stored or agricultural commodity pile located at an agricultural commodity business is found to be infested with pests, the agricultural commodity business shall: - Treat the infested agricultural commodity in accordance with general accepted industry practices and in accordance with the Integrated Pest Management Plan.
- If the agricultural commodity is still infested with pests 10 business days after being treated as required in Section 6.503(d)(1), the agricultural commodity business shall remove the infested pile to a remote location where secondary infestation in a residential area is unlikely.
While storing agricultural commodities for more than 30 days, all agricultural commodity businesses that are within 1,000 feet of a residential neighborhood shall place insect pheromone traps and rodent traps along the boundary of the agricultural commodity business located closest to the residential neighborhood and shall permit the monitoring of such traps on a bi-weekly basis by the city’s code enforcement department.
All agricultural commodity business facilities shall follow sanitation requirements consistent with all applicable U.S. Code of Federal Regulations, including, but not limited to, U.S. Code of Federal Regulations, Title 21, Section 507.17.
Inspections:
The city’s building inspector, code enforcement officer or their designee may inspect and review the Integrated Pest Management Plan, all treatment logs and trap results.
The city’s building inspector, code enforcement officer or their designee, after proper identification, shall be permitted to enter onto the property of any agricultural commodity business during the hours of operation or at any reasonable time, for the purpose of making inspections to determine compliance with the rules and this ordinance and inspect the records outlined in subsection above.
Nuisance Declared:
The storage of any agricultural commodity in such a manner where it allows the breeding, accumulation or harboring of any pest is a hereby declared a public nuisance and must be abated.
Remedies:
To enforce any requirement of this ordinance, the city manager or his designee may gain compliance by: - Requiring the property owner, after receiving notice of public nuisance or infestation from the city, to abate the nuisance by: - Providing the city manager within three business days with a written plan detailing how the nuisance will be abated; - Beginning implementing the plan for abatement of the nuisance within 10 business days; and - Permitting the city manager or his designee to conduct an inspection of the property after 10 business days has elapsed since receiving the notice of public nuisance to determine if the plan for abatement has been implemented and is effectively abating the infestation.
The city abating the nuisance, at the property owner’s expense, in the event the property owner fails to abate the nuisance or fails to comply with the provisions of Section 6.506(a)(1).
Causing appropriate action to be instituted in a court of competent jurisdiction; or Implementing any other remedies permitted or authorized at law or in equity.
The notice from the city to the proper owner under shall Section 6.506(a)(1) shall include an e-mail with delivery confirmation, to any authorized representative provided by the property owner to the city; written notice deposited in the United States mail sent by certified letter, return receipt requested, to the property or to the property owner’s address as filed with the Hockley County Appraisal District; and a telephone call to the property owner or any authorized representative provided by the property to the city.
Contracting for Abatement:
Whenever the agricultural commodity business fails to abate any nuisance within the time allowed after receiving notice from the city manager and the city manager orders the abatement in accordance with Section 6.506, the city manager is authorized to contract with a third-party contractor to perform such work on the grounds of the agricultural business as may be required to abate the nuisance at a commercially reasonable rate.
Recovery of Costs:
Whenever the city enters upon the premises of an agricultural commodity business and causes any work to be performed to abate a nuisance, the city may take such action at its own expense, and a charge will be made to the agricultural commodity business to recover the commercially reasonable costs associated with the abatement. The charge shall be no more than the actual cost of abatement, plus applicable sales taxes.
An administrative fee of $200 shall be assessed for each such charge.
If the allowable charge and the administrative fee are not paid to the city within 30 days after billing, the city shall file a lien against the property. Said lien shall be filed in the Deed Records of Hockley County, Texas. The charges shown on the lien shall bear interest at the rate of 8% per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the city for its expenses.
Penalties and Injunction:
Any person violating or failing to comply with a provision of this article, or who otherwise allows the existence or creation of a nuisance as defined in this article, shall be deemed guilty of a misdemeanor violating an ordinance governing public health and safety and upon conviction thereof shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code for each offense, or the maximum fine established by applicable state law, whichever is greater. Each day during which a violation occurs is a separate offense. Proof of a culpable mental state is not required for a conviction of an offense under this article.
In addition to any other remedies or penalties contained in this section, the city may enforce the provisions of this article pursuant to the applicable provisions of Texas Local Government Code, Chapter 54, which chapter provides for the enforcement of municipal ordinances.
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this ordinance.
In addition to the above and foregoing penalties, the City of Levelland may seek to enjoin violations of the rules and of this article and obtain such other and further relief necessary to remedy any violations, as appropriate.