ENFORCEMENT AND PENALTIES.

Austin City Code tit. 3, ch. 3-6, art. 2

in effect

Austin City Code § 3-6-21 INSPECTION OR ENFORCEMENT BY HEALTH AUTHORITY.

§ 3-6-21 - INSPECTION OR ENFORCEMENT BY HEALTH AUTHORITY. (A) The health authority may inspect an apiary between the hours of 8:00 a.m. and 5:00 p.m. If the owner of the apiary resides on the tract or the owner's name is marked on the colony, the health authority shall attempt to give the owner notice of inspection. (B) The health authority may investigate a complaint of a violation of this chapter. (C) For enforcement actions under this chapter, the health authority may presume that the person who owns or has a present right of possession or control of a tract on which an unidentified colony is located is the owner of the colony. A person may rebut the presumption of ownership by presenting the health authority with a written agreement identifying the name, address, and telephone number of the owner of the unidentified colony. Source: 1992 Code Section 3-4-9, 3-4-10, and 3-4-11(A); Ord. 031009-9; Ord. 031211-11.

Austin City Code § 3-6-22 DESTRUCTION OF WILD OR ABANDONED BEES.

§ 3-6-22 - DESTRUCTION OF WILD OR ABANDONED BEES. (A) The health authority will order relocation of bees described in Subsection (B)(1)—(3) if the relocation of the bees can be done without threatening human or animal health or interfering with the normal use and enjoyment of public or private property. (B) If relocation of bees under Subsection (A) is not possible then, without notice and a hearing, the health authority may order destruction of: (1) a colony not residing in a hive; (2) a swarm of bees; or (3) a colony residing in an abandoned standard or man-made hive. Source: 1992 Code Section 3-4-11(F); Ord. 031009-9; Ord. 031211-11; Ord. 20120322-019.

Austin City Code § 3-6-23 NOTICE OF VIOLATION OR HEARING.

§ 3-6-23 - NOTICE OF VIOLATION OR HEARING. (A) Except as provided in Section 3-6-22 (Destruction of Wild or Abandoned Bees), the health authority shall issue written notice to a person the health authority believes to be in violation of this chapter. Notice of violation issued under this section must include: (1) a description of the alleged violation; (2) a description of the required corrective action; (3) a statement that compliance is required within 10 days of the date of the notice; and (4) a statement that the person may request a hearing to determine if a violation of this chapter exists. (B) If a person requests a hearing or fails to correct an alleged violation within 10 days of the date a notice of violation is issued, the health authority shall issue a notice of hearing to the person. Notice of hearing issued under this section must include: (1) the date, time and place of the hearing; (2) a description of the alleged violation; (3) a statement that the person may appear in person or through counsel, present evidence, cross examine witnesses, and request that the proceeding be recorded; and (4) a statement that the bees may be ordered relocated, destroyed or removed if the health authority finds a violation of this chapter has occurred. (C) Except as provided in Subsection (D), the health authority shall send notice under this section by certified mail. (D) If the health authority is unable to locate the owner of a colony, notice under this chapter may be given by: (1) a single publication in a newspaper of general circulation at least five days before the date of the hearing; and (2) posting a notice on the tract where the colony is located. Source: 1992 Code Section 3-4-11(A), (B), and (C); Ord. 031009-9; Ord. 031211-11; Ord. 20120322-019.

Austin City Code § 3-6-24 ENFORCEMENT PROCEDURE.

§ 3-6-24 - ENFORCEMENT PROCEDURE. (A) The health authority shall conduct a hearing requested under this chapter under the preponderance of credible evidence standard of proof. (B) If the health authority finds that a person has committed a violation of this chapter, the health authority may: (1) issue an enforcement order; (2) order that the person's bees be relocated, destroyed or removed not later than the 20th day after the date of the decision; and (3) prohibit the person from locating a colony on the same tract for a period of two years following the date of the decision. (C) The health authority may issue a warning if the health authority determines that a person did not intentionally commit a violation and that the person has implemented corrective action sufficient to cure the alleged violation. (D) If a person fails to comply with an enforcement order issued under this chapter, the health authority may destroy or relocate a colony subject to the order. (E) After destruction or relocation of a colony by the health authority, a person may agree to pay all related expenses and request that the health authority return all usable components of the hive structure that are not damaged or unsafe for use. (F) In issuing orders under this section, the health authority will order the relocation of bees, instead of their destruction, if relocation can be done without threatening human or animal health or interfering with the normal use and enjoyment of public or private property. Source: 1992 Code Section 3-4-11(D); Ord. 031211-11; Ord. 20120322-019.

Austin City Code § 3-6-25 APPEAL.

§ 3-6-25 - APPEAL. (A) A person may appeal the health authority's decision under this chapter to a court of competent jurisdiction. An appeal under this section shall stay the health authority's decision. (B) The health authority may not require a person to remove a colony subject to a decision under appeal pending the determination of the appeal. Source: 1992 Code Section 3-4-11(E); Ord. 031009-9; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT3ANRE_CH3-6BE_ART2ENPEFetched: 10/27/2026