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HomeMy WebLinkAbout1132 03-22-1994ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING CHAPTER 46 "NUISANCES," ARTICLE H, "GRASS AND WEEDS," SECTION 46-28, "FAILURE TO COMPLY; NOTIFICATION; ABATEMENT OF NUISANCE BY CITY,: AND SECTION 46-29, "COLLECTION OF ABATEMENT COST; ADMINISTRATIVE FEE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, TO CONFORM SAME WITH CHAPTER 342 OF THE TEXAS' HEALTH AND SAFETY CODE BY PROVIDING FOR THE FORM OF NOTICE OF VIOLATION; PROVISION FOR CONTINUING CORRECTION OF SUBSEQUENT VIOLATIONS WITHOUT FURTHER NOTICE; AND PROVIDING FOR THE FILING OF A LIEN AGAINST THE PROPERTY AND THE FORM THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, legislative amendments to Chapter 342 of the Texas' Health and Safety Code appertaining to Local Regulation of Sanitation provide for and authorize additional forms of notice for certain nuisances and authority for continuing correction of nuisance violations and additional reguirements for the form of assessment of liens for correction thereof; and WHEREAS, the City Council of the City of Euless, Texas, desires to amend its Code of Ordinances to conform abatement of grass and weed nuisances to conform to such changes in state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I. Section 46 -28 entitled, "Failure to comply, notification; abatement of nuisances by city" of Article H, "GRASS AND WEEDS" of Chapter 46, "NUISANCES" of the Euless Code of Ordinances is herewith amended to hereafter be and read as follows: Sec. 46 -28. Failure to comply, notification; abatement of nuisance by city. (a) If any person owning, claiming, occupying, or having supervision or control of any real property fails to comply with the provisions of this article, the city shall notify such person of his failure to comply. If personal service cannot be obtained or the owner's post office address is unknown, then notice shall be given by publication in any two issues within ten (10) consecutive days in any daily, weekly or semi- weekly newspaper in the city; or by posting the notice on or near the front door of each building on the property to which the violation relates; or by posting the notice on a placard attached to a stake driven into the ground on the property the property to which the violation relates, if the property contains no buildings. The form of notice of a violation if furnished to the owner by certified mail, return receipt requested, shall inform the owner that if the owner commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the city, withot further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one -year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may undertake any action permitted by Subsection (b) hereof and assess its expenses as provided in Sec. 46 -29 hereof. (b) If the person described in subsection (a) of this section fails or refuses to comply with the provisions of this article within ten days after date of notification by letter, or date of second publication of notice, or date of posting the notice at the property as provided in subsection (a) above, the city may go upon such property and do or cause to be done, the work necessary to obtain compliance with this article. Such work may consist of preparing such property so that it can reasonably be mowed, the mowing of the property, and the removal of cuttings and other debris attributed to the mowing and preparation of the property. After initiating such work, the city may charge against the person having control of the land an administrative fee. SECTION H. Section 46 -29 entitled "Collection of abatement cost; administrative fee" of Article II, "GRASS AND WEED" of Chapter 46, "NUISANCES" of the Euless Code of Ordinances is herewith amended to hereafter be and read as follows: Sec. 46 -29. Collection of abatement cost; administrative fee. The expense incurred pursuant to this article in correcting the condition of such property, and the cost of publication of notice in the newspaper, shall be paid by the city and charged to the owner of such property, who shall in addition pay an administrative fee as set forth in Chapter 30. The city shall file with the county clerk a statement, signed by the mayor or an official of the city designated by the mayor, of the amount so expended and costs which statement shall state the name of the owner, if known, and the legal description of the property. Such amount shall bear interest at the rate of ten percent from the date the city incurs the expense and shall become a privileged lien against the real property, second only to tax liens and liens for street improvements. For any such expenditures, costs and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expense filed with the clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work improvements or correction of the property, all as more particularly specified in V.T.C.A., Health and Safety Code 342.007, which is hereby adopted by reference. Page 2 of 4, Ordinance No. 1132 SECTION III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentenence, paragraph or section. SECTION IV. Savings Clause. The Chapter 46 of the Code of Ordinances shall remain in full force and effect, save and except as amended by this ordinance. SECTION V. Penalty for Violation. Any person, firm or corporation violating the terms and provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section 1 -12 of this Code of Ordinances, and each day that such violation continues shall be a separate offense; this penalty shall be cumulative of all other remedies. Any such violation shall be deemed a violation of a provision governing public health and sanitation under said Section 1 -12 of this Code. SECTION VI. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 22nd day of march , 1994; by a vote of _7 _ayes, o nays, and o abstentions. APPROVED: MaTy6tib Saleh, Mayor ATTEST: I Susan Crim, Qity Secretary Page 3 of 4, Ordinance No. 1132 APPROVED AS TO FORM: c Z Bob McFarland, City Attorney /bac/barbara.gen /grswds.ord