GENERAL CODE ENFORCEMENT QUESTIONS
Q. Why should I give my name and number when calling in a complaint?
A. Providing the Town your name and number will give us a means of communicating with you regarding the status of the complaint.
Q. Will this information be kept confidential?
A. YES, your contact information will be kept confidential. We do not give out this information, however if an open records request is made, the information is provided to the Town Secretary.
Q. What steps does Code Enforcement take when going out to investigate a complaint, and what is the notification process?
A. When a complaint is turned in to code enforcement the initial inspection is typically conducted within 48 hours, and if a code violation is confirmed, notification is either given in person or by certified mail. Different violations are given different time periods to comply. For instance, a high grass or unsightly matter violation must be corrected within 7 days, while a junked vehicle violation must be corrected within 10 days. Violations that are a danger to the health and safety of the community are given less time to comply.
HOMEOWNER’S ASSOCIATION QUESTIONS
Q. My Home Owner’s Association (HOA) is telling me that I cannot build my project. Is this true?
A. While your project may by approved by the Town, you should check your deed restrictions and HOA requirements before applying for a permit. Deed restrictions and HOA requirements may supersede Town requirements. The Town does not enforce HOA deed restrictions and/or covenants.
Q. What do I do if I have a common fence and the neighbors do not want to pay their portion to repair/replace it?
A. The upkeep of common fences separating two private properties should be the responsibility of both property owners. However, in many cases, one of the property owners cannot or will not share in the financial or physical responsibility for the project. In cases such as this, it would become a civil matter between the respective property owners, and they would have to pursue this matter without Town involvement in the dispute.
The Town does require a barrier fence if there is a swimming pool, hot tub, or spa present, in which case the property owner with the swimming pool, hot tub, or spa is responsible for the repair or replacement of the fence. Where these amenities are not present, the Town does not require a fence, but one may possibly be required by the covenants of any existing homeowner’s association.
Q. What can I do if branches or shrubs from a neighbor’s yard are overhanging my yard?
A. Property owners in every state have the right to cut off branches that grow into their property. This rule is not written down or created by state statute or local ordinance, but is a common law right that has been created by prior court decisions. However, any property owner that does the trimming is responsible for the cost of the work, as well as responsible for any damages that result.
A good book to read for questions like these and more involving neighbors is, Neighbor Law: Fences, Trees, Boundaries and Noise by Cora Jordan. It is available from your local bookstore or online.
Q. What is the difference between HOA regulations and Town regulations, and which regulations control?
A. The difference between HOA regulations (set forth in deed restrictions and covenants) and Town regulations (set forth in the Town's Ordinances) can be a matter of the particular content of the regulation, a matter of enforcement of the particular regulation, or both. The general rule is that both sets of regulations are applicable to the property. Where HOA regulations differ from Town regulations on a particular subject matter, the more restrictive regulation will control the situation, generally speaking. Enforcement of HOA regulations is performed by the appropriate HOA committee or board, as specified in the deed restrictions and covenants, and is a civil matter between the property owner and HOA. Enforcement of Town regulations is performed by Town staff (for example, the Code Enforcement Department), and can involve criminal penalties through municipal court proceedings.
FOOD ESTABLISHMENT QUESTIONS
Q. Who do I contact for questions or complaints involving a food establishment?
A. Currently the Town of Prosper contracts with a State of Texas Registered Sanitarian for health inspections of all permanent food establishments such as restaurants, convenience stores and fast food establishments. If you have a question or concern call our office at 972-346-3502 and ask to be transferred to extension 505. Leave a voicemail and the contract inspector will call you back.
Currently the Code Enforcement Officer inspects and permits the Mobile Food Units seen around the construction jobsites. If you have a question or complaint about the operation of these units, please contact the Code Enforcement Officer at 972-347-3160.
Q. What are the requirements for building a food establishment?
A. In order to construct a permitted retail food establishment, you must first submit plans to the Inspections Division for review. The plans will be reviewed by staff for compliance with federal, state, and Town retail food establishment construction requirements and guidelines. Once the plans are approved, the permit is released and construction may begin.
SIGN QUESTIONS
Q. I’m in the process of selling my house, what types of signs can I use to advertise? Do I need permits for those signs?
A. You may have one sign in your yard advertising the sale of your house. No permit is required for these signs as long as they are less than 6 square feet. No directional signs may be placed on public property or in a public right-of-way.
Q. I have a home business, can I advertise with signs in Prosper?
A. No. There is no provision in the sign code which would allow for this type of advertising.
Q. I’m having a garage sale, can I put up signs? Do I need a permit for those signs?
A. Yes a simple $10 permit is required. The Town provides five (5) signs for off premise use. They cannot be placed on public property or in a public right-of-way. Garage sale permits are good for 72 consecutive hours. Residents may have up to three garage sales per calendar year, a minimum of thirty (30) days apart.
ON-SITE SEWAGE FACILITIES (Septic) QUESTIONS
Q. Who do I contact for questions or complaints involving a septic system?
A. Collin County Development Services is currently the permitting authority for septic systems located within the Town of Prosper. You may reach them at 972-548-5585.
NUISANCE VIOLATIONS QUESTONS
Q. Do I need a permit for a home occupation?
A. Currently the Town does not require home-based businesses to register, nor do they require a permit. Certain home occupations are allowed in all zoning districts within the Town; however, there are some types of businesses that would not be allowed to operate in property zoned for residential use.
Q. What are the codes for High Weeds & Grass?
A. It is a violation for any person owning, claiming, occupying, or having control of any property within the Town to permit weeds, brush, vegetative growth, or any objectionable or unsightly matter to grow to a height greater than twelve inches (12").
Q. What are the codes regarding junk vehicles?
A. A junk vehicle is any vehicle that is or was originally designed to move under its own power and does not have lawfully attached to it an unexpired license plate OR a valid motor vehicle safety certificate; AND is wrecked, dismantled, or partially dismantled; OR is inoperable and has remained inoperable for more than 72 consecutive hours on public property or 30 consecutive days on private property.
A vehicle owner may store a vehicle on his or her property if it is screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. A vehicle or part of a vehicle covered by a tarp, car blanket, or similar covering does not meet the requisite screening requirements.
Q. My neighbor has a vehicle that has been stored on his driveway for several months. Is this a violation?
A. If the vehicle is not screened and it is a “junk vehicle” as defined by Town Code, it is a violation.
Q. How do I dispose of my household waste and brush/bulk pickup?
A. The Town provides waste and recycling collection services to its citizens and businesses through a contract with Independent Environmental Services, Inc. (IESI). Refuse carts and recycling carts are emptied once a week and are to be placed at the edge of the street by 7:00 a.m. on designated collection days. Collection days are as follows:
1) West of S.H. 289 (Preston Road) is picked up on Fridays;
2) East of S.H. 289 (Preston Road) is picked up on Tuesdays;
3) Commercial dumpsters are picked up on Wednesdays.
Refuse carts and Recycling carts will be emptied at differing times by separate trucks.
Trash not picked up due to holidays will be picked up the following business day.
UPDATE-March 2006. IESI has made two changes to better serve our residents. The first change is that IESI has now provided residents with new 65 gallon recycling carts. The smaller green 18 gallon bins will no longer be used.
A second change involves the collection of bulky item trash. IESI currently collects bulky solid waste, such as appliances, furniture, and branches, from residents on the last Saturday of every month. IESI previously collected bulky items by simply circulating trucks throughout the Town. Residents will now be required to call IESI prior to the Saturday morning collection date to schedule a collection. This process will allow IESI to work from a scheduled list of addresses rather than circulating through neighborhoods. In addition, IESI will also be able to give residents specific instructions regarding the manner in which their trash is to be placed at the curb. Residents must contact IESI by 4:00 pm of the fourth Friday of each month for collection on the fourth Saturday of each month.
Items such as large boxes, branches cut to a maximum length of four feet and tied into bundles not exceeding 50 pounds, and appliances not containing refrigerant will be picked up. Liquid paint, oils, and hazardous chemicals will not be accepted.
Existing customer with specific service issues or questions regarding the household waste and recycling services in Prosper are asked to contact IESI directly. You may call Laurie or Tania at 469-452-8000 or you may send an e-mail to iesiprosper@iesi.com