Code Compliance FAQ

GENERAL CODE COMPLIANCE QUESTIONS

Q. What steps does Code Compliance take when going out to investigate a complaint, and what is the notification process?

A. When a complaint is turned into Code Compliance the initial inspection is typically conducted within 48 hours, and if a code violation is confirmed, notification is either given in person or by regular mail. Different violations are given different time periods to comply. For instance, a high grass or unsightly matter violation must be corrected within 10 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 be 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 requires 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 the homeowner’s association.

Q. What can I do if branches or shrubs from a neighbor’s yard are overhanging my yard?

A. Property owners have the right to cut off branches that grow into their property. This rule is not 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.

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) 569-1079. Currently the Code Compliance Officer inspects and permits the Mobile Food Units seen around the construction job sites. If you have a question or complaint about the operation of these units, please contact the Code Compliance Officer at (972) 569-1079.

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. The sign code does not permit 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 $10 permit is required. Homeowners are permitted to place their own “Garage Sale” sign on their property. However, the sign must be located on their property and not placed anywhere else in the Town. Garage sale permits are valid 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.

NUISANCE VIOLATIONS QUESTIONS

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 required screening requirements.

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 Community Waste Disposal. 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. Trash not picked up due to holidays will be picked up the following business day. 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, tires and hazardous chemicals will not be accepted. Customers with specific service issues or questions regarding the household waste and recycling services in Prosper are asked to contact Community Waste Disposal at (972) 392-9300, Option 2.