At the May 7, 2019 City Council Meeting, the Buda City Council passed an ordinance declaring offensive odors a nuisance within City limits and 5,000 feet outside City limits. The City already had an odor ordinance, but this allow the City to enforce complaints in the ETJ.
The ordinance regulates unreasonably noxious or strong odors that drift across property lines. Odors that adversely impact public welfare, property values, the economy, or quality of life are considered a nuisance and in violation of the law.
Violation of the ordinance is a misdemeanor punishable by a fine not to exceed five-hundred dollars ($500.00), with each occurrence being a separate violation.
The following are declared to be offensive odors and health and sanitation nuisances:
1. Chemicals. Offensive odors from the use or possession of chemicals or from industrial processes or activities which shall disturb the comfort and repose of persons of ordinary sensibilities.
2. Smoke. Offensive odors from smoke from the burning of rubbish, trash, rubber, chemical substances or other things or substances which shall disturb the comfort and repose of persons of ordinary sensibilities.
3. Stagnant pools, refuse, and composting. Offensive odors from stagnant pools, rotting garbage, refuse, offal, or composting which shall disturb the comfort and repose of persons with ordinary sensibilities.
4. Dead Animals. Offensive odors from dead animals which shall disturb the comfort and repose of persons with ordinary sensibilities.
Nuisance odors are not limited to the examples above.
To report offensive odors as a nuisance please contact City of Buda Code Enforcement at (512) 312-0084. You can also report a concern online at https://www.ci.buda.tx.us/RequestTracker.aspx. There you will find a “report a nuisance odor” option under the code enforcement tab.
Full ordinance here: Odor Nuisance Ordinance