HomeMy WebLinkAbout1448 09-26-2000ORDINANCE HO. 1448
AN ORDINANCE AMMENDING ARTICLE IQ "GRASS AND WEEDS " OF
CHAPTER 46 OF THE CODE OF OR D[lMANCES OF
THE CITY OF EUL ESS, TEXAS, AS AMENDED, RENAMING SAID
ARTICLE "GRASS, WEEDS, STAGNANT WATER. AND OTHER
UNWHOLESOME COG` IDi T IOINS "°; EXPANDWG THE CITY'S
AUTHORITY TO ABATE �9UGSANCES AND ASSESS ABATEMENT
COSTS AGAINST THE PROPERTY UPON; VfUH[lCH THE NUISANCE
EXISTED TO INCLUDE THE AUTHORITY TO ABATE CONDITIONS
CONCERNING STAGNANT WATER AND OTHER UNWHOLESOME
CONDITIONS IR9 SECTIONS 46 -26 THROUGH 46 -26 OF SAID
ARTICLE; ALSO AMENDING ARTICLE I "IN GENERAL" OF CHAPTER
14 "BUILDINGS AND BUILDING REGULATIONS" OF THE �E EULESS
CODE OF ORDINANCES, AS AMENDED, TO ADD TGMIERETi O A NEIPt9
SEC70N 14 -6 "REPAIR, REMOVAL OR DEMOLITION OF
DANGEROUS BUILDING, STRUCTURE OR PART THEREOF
IREQ_U[lRED, ABATEMENT BY CITY° ", DESCR11B HG COHL714TIONS On\l
PROPERTY IflugH11CH CONSTITUTE DANGEROUS GLrILD NGS
SUBJECT TO ABATEMENT BY THE CITY WITH 49k8SESSGVi EjH1T OF
THE COST OF SAW ABATEMENT AGAINST THE PROP ESE RTY;
PROVIDING A SEVERASILITY CLAUSE; PROV011mt, A SffflIiNG
CLAUSE AND EFFEtCT[lVE DA T E.
WHEREAS, the City of Euless, Texas, currently has in place ordinances and
regulations prohibiting nuisances on private property, and authorizing the city, after
notice to the property owner, to abate such nuisances upon the failure of the property
owner to do so, and authorizing the city to assess abatement costs against the property
upon which the nuisance was abated; and
WHEREAS, state law authorizes the city to abate nuisances on private property
involving stagnant water, places which are unwholesome or which are in any other
condition that may produce disease; and
WHEREAS, the City Council has found and determined, through experience with
conditions in the city, that ordinances adopting these state law provisions concerning
stagnant water, unwholesome places or places which are in any other condition that
may produce disease, are necessary to protect the health, safety and general welfare of
the citizens of Euless; and
WHEREAS, the City of Euless also has in place ordinances adopting the Uniform
Code for the Abatement of Dangerous Buildings within the city; and
WHEREAS, the City Council has found and determined, through experience, that
dangerous conditions exist within the city which are not covered by the current
definitions contained in the Uniform Code for Abatement of Dangerous Buildings, but
which are nevertheless capable of causing injury to persons, damage to property, and
even death, thus necessitating ordinance amendments to require repair, removal or
demolition of any such dangerous building, structure or part thereof, and granting to the
City the authority to abate such dangerous conditions upon the owner's failure to do so,
and to assess such costs against the affected property, and
WHEREAS, the City Council of the City of Euless further finds that the above -
described provisions and procedures are authorized under the terms of Section 214.002
of the Texas Local Government Code; and
WHEREAS, the City Council of the City of Euless, Texas, finds and determines
that adoption of these additional regulations will promote and protect the health, safety
and welfare of the citizens of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS.
That Article 11 "GRASS AND WEEDS" of Chapter 46 "NUISANCES" of the Code
of Ordinances of the City of Euless, Texas, as amended, be hereby renamed "GRASS,
WEEDS., STAGNANT WATER AND OTHER UNWHOLESOME CONDITIONS ", and
that Sections 46 -26, 46 -27 and 46 -28 of such amended Article 11 shall hereafter be and
read as follows:
Sec. 46 -26. Nuisance declared.
(a) All weeds, brush, grass and other vegetation prescribed or
prohibited by this article are deemed a fire hazard, a traffic hazard,
and a menace to the health, safety and welfare of the citizens of
Euless, and, therefore, a public nuisance.
(b) All places in the city that are unwholesome, contain stagnant water,
or are in any other condition that may produce disease are deemed
a health and safety hazard, and a menace to the health, safety and
welfare of the citizens of Euless, and, therefore, a public nuisance.
Sec. 46 -27. Maximum hbeight; stagnant water and other unwholesome
places.
[Subsections (a) and (b) remain as currently written].
Ordinance No. 1448, Page 2 of 5
(c) It shall be unlawful for any person owning, claiming, occupying or
having supervision or control of any real property within the
corporate limits of the City to suffer or permit a place or condition
on said property which is unwholesome, contains stagnant water,
or is in any other condition that may produce disease.
(d) It shall be the duty of the person owning, claiming, occupying, or
having supervision or control of any real property within the
corporate limits of the city to keep such property free and clear of
all such unwholesome places, places which contain stagnant water,
or places which are in any other condition that may produce
disease. Such duties shall include, but not be limited to, the filling
or draining of any such place. All such places that are
unwholesome, contain stagnant water or are in any other condition
that may produce disease are hereby presumed to be a public
nuisance.
Sec. 46-28. Failure to comply, notification; albatemen� of nLdszance by city.
[Subsection (a) remains as currently written].
(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 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 be
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. Such work may also consist of the
filling and draining of any place on such property that is
unwholesome, contains stagnant water, or is in any other condition
that may produce disease. Such work may further consist of repair,
removal or demolition of any building, structure or part thereof
which is reasonably capable of causing injury to a person or
damage to property. After initiating such work, the city may charge
against the person having control of the land an administrative fee.
That Article I "IN GENERAL" of Chapter 14 "BUILDINGS AND BUILDING
REGULATIONS ", of the Code of Ordinances of the City of Euless, Texas, as amended,
be hereby amended by the addition thereto of a new Section 14 -5 "REPAIR, REMOVAL
OR DEMOLITION OF DANGEROUS BUILDING, STRUCTURE OR PART THEREOF
REQUIRED; ABATEMENT BY CITY ", which new section shall hereafter be and read as
follows..
Ordinance No. 1448, Page 3 of 5
Seto 14 -5. Repair, 7Reu-n®v-.1 or Dsnno t�Jon of Dangerous SuMing,
Structi' re or Paris To hereof Required; Abaternent by City.
(ai) Whenever any structure, or portion of a structure, or partly completed
structure, including but not limited to a fence, shed, awning, wall, retaining wall,
sidewalk, or other, similar structure, or portion thereof, has been constructed,
exists or is maintained in such a manner that it is reasonably capable of causing
injury or death to any person, or damage to the property of any person, the City
shall give notice to the person owning or in control of the property to repair,
remove or demolish the dangerous building, structure or part thereof. Such
notice shall be given in the same manner as set out in Section 46 -28(a) of this
Code_)
(b) If the person notified fails to repair, remove or demolish the dangerous
building, structure or part thereof within the time specified for compliance in
Section 46 -28(b) of this Code, the City may proceed under Section 46 -28(b) of
this Code to abate the dangerous condition. If the City abates a dangerous
condition under said provisions, the City shall also assess all abatement costs
and administrative fees against the affected property, and shall obtain a
privileged lien thereon, second only to the tax liens and liens for street
improvements, to secure payment of such costs, utilizing the procedures
contained in Section 46 -29 of this Code.
(c) The provisions of Sections 46 -30 and 46 -31 of this Code shall also apply to
any property described by this Section.
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 judgment 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,
sentence, paragraph or section.
IV.
Saviin,q Clause. That Chapters 14 and 46 of the Code of Ordinances of the City
of Euless, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
Ordinance No. 9448, Page 4 of 5
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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 and approved at a
regular meeting of the Euless City Council on the 26th day of September, 2000, by a
vote of 6 ayes, 0 nays and 0 abstentions.
APPROVED:
MMAM,,5.5
",494M_
• •
ATTEST:
Su an Crim, C, City Secretary
APPROVED AS TO FORM:
Bob i cFarland, City Attorney
Ordinance No. 9448, Page 5 of 5