HomeMy WebLinkAbout223 05-12-1964ORDINANCE; NO. 223
AN ORDINANCE AMENDING ORDINANCE NO. 93
PROHIBITING WEEDS, BRUSH AND OTHER VEGE-
TATION CONSTITUTING A NUISANCE; PROVIDING CERTAIN
HEIGHT AND DISTANCE LIMITATIONS; PROVIDING A
PRESUMPTION OF NUISANCE; REQUIRING THE REMOVAL
OF WZWS, BRUSH AND OTHER VEGETATION PERMITTED
TO GROW IN VIOLATION OF THIS ORDINANCE; AUTHORIZ-
ING THE CITY TO REMOVE OBJECTIONABLE WEEDS, BRUSH
AND VEGETATION; PROVIDING NOTICE AND .A LIEN ON
PROPERTY FOR THE COST OF REMOVAL; PROVIDING A
CUMULATIVE CLAUSE, A SEVERANCE CLAUSE, A PENALTY
CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS,0 TEXA83
1.
The term "person" as used herein shall be held to include any
individual person, firm, association or corporation oAftlig property within
the corporate limits of the City of Euless, Texas.
a.
It shall be unlawful for any person owning, claiming, occupying or
having supervision or control of any real property within the corporate limits.
of Euless, Texas, to allow or permit weeds, gush or other vegetation not
an agricultural drop under cultivation, to grow to a greater height than twelve
(12) inches upon any such real property within ISO feet of any property line
ox within SO feet of any residence, bam or commerelal building within the
City of Euless, Texas, and same shall be deemed to be objectionable, unsightly
and a public nuisance. It shall be the duty of such person to keep the area
from the line of his property, the curb line next adjacent to it broo and clear
of needs, brush and objectionable vegetation referred to above. All vegetation
not regularly cultivated which exceeds twelve inches in height shall be pre-
sumed to be objectionable and unsightly.
3.
In the event that any person owning, claiming, occupying or having
supervision or control of any real property fails to comply with the provisions
of this Ordinance, the City may ;notify such person of his failure to comply.
Suca notice shall be sent to the person at his post office address by
certified mail return receipt requested. If the person's address is unknown
or if notification may not be obtained by letter, then notice may be given by
publication in any two issues within tan consecutive days in any daily,
weekly, or semiweekly newspaper in the City. If such person fails or
refuses to comply with the provisions of this Ordinance within ten (10) days
after date of notification by letter or date of .second publication of notice in
the newspaper, the City may go upon such property and do or cause to be
done the work necessary to obtain compliance aaith this Ordinance.
4.
The expense incurred pursuant to this Ordinance 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.
In the event that the owner falls or refuses to pay such expense within thirty
(34) days after the first day of the, month following the ono in which the work
was done, the City shall file with the County Clerk of Tarrant County a state-
ment of the expense incurred in correcting the condition on the property. When
such statement is filed, the City shall have a privileged lien on such property,
second only to tax lions and liens for street Improvements, to secure the pay-
ment of the amount so expended. Such amount shall beat interest at the rate
of ten par cent from the date the City incurs the expense. For any such
expenditures and interest, suit may be instituted aad recovery and foreclosure
had by the City. The statement of expense filed with the County Clerk or a
certified copy thereof shall be prima ficie prom of the amount expended in
such work, improvement or correction of the property. All is more particularly
specified in Art. 4436, Vernon's Annotated Texas Civil Statutes, which is
hereby adopted.
5.
Should any section, article, provision our part of this Ordinance be
declared to be unconstitutional and void by a court of competent jurisdiction,
such decisions shell in no way affect the validity of any of the remaining
parts out this Ordinance unless the part held unconstitutional or void is
inseparable from and indispensable to the operation of the remaining parts.
The City Council hereby declares that it would have passed those parts which
may be unconstitutional at the time of the passage of this Ordinance.
6.
This Ordinance is not intended to repeal Ordinance No. 33, but is
cumulative thsred.
1.
:�•,� rerson, firm or corporation violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount of not less than $25.00 nor more than
$200.00 for each offence. Each day that such violation shalt continue shall
be doomed a separate and distinct offence and shall be punishable as such.
a.
This Ordinance shall become effective and be in full force and eAwt
from and after the day of its adoption and publication as by law provided.
PRESENTED AND GIVEN FIRST READINGS on the 28thday of April
1964, at a regular meeting of the City Council of the City of Euless,
Texas, and given Second Reading, pexsed and approved on the 12thday of
May . 1964, by a vote of dyes and --2 ----nays at a
regular meeting of the City Council of the City of Euless, Texas.
APPROVED:
AVEST2
MAYOR
2� 6L��
City Secretary