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HomeMy WebLinkAbout465 02-12-1974ORDINANCE NO. 465 AN ORDINANCE SUPERSEDING ORDINANCES NO. 93 AND 223 PROHIBITING WEEDS, BRUSH AND OTHER VEGETATION CONSTITUTING A NUISANCE; PROVIDING CERTAIN HEIGHT AND DISTANCE LIMITATIONS; PROVIDING A PRESUMPTION OF NUISANCE; REQUIRING THE REMOVAL OF WEEDS, BRUSH AND CERTAIN OTHER VEGETATION PERMITTED TO GROW IN VIOLATION OF THIS ORDINANCE; AUTHORIZING THE CITY TO REMOVE OBJECTIONABLE WEEDS, BRUSH AND CERTAIN OTHER VEGETATION; PROVIDING NOTICE AND A LIEN ON PROPERTY FOR THE COST OF REMOVAL; PROVIDING A CUMULATIVE CLAUSE, A SEVERANCE CLAUSE, A PENALTY CLAUSE; DECLARING AN EMERGENCY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: The term "person" as used herein shall be held to include any individual person, firm, association or corporation owning property within the corporate limits of the City of Euless, Texas. 2 All weeds, brush, grass and other vegetation proscribed or prohibited by this Ordinance is deemed a fire hazard, a traffic hazard, and a menace to the health, safety and welfare of the citizens of Euless, Texas, and therefore a public nuisance. 3 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, except pasture land used for grazing of livestock, to allow or permit weeds, brush, grass or other vegetation, except agricul- tural crops under cultivation, trees, shrubs, flowers or other decorative or ornamental plants, to grow: a) to a greater height than 24 inches (2411) upon any real property within the City of Euless, Texas, or b) to a greater height than twelve inches (1211) upon any real property within fifty feet (50') of any property line, residence, barn, building or other structure within the City of Euless, Texas, and same shall be deemed to be objectionable, unsafe and a public nuisance. It shall be the duty of such person to keep such property free and clear of all such weeds, brush, grass and other unsafe vegetation referred to above. All such weeds, brush, grass and other unsafe vegetation which exceeds the above inches in height shall be presumed to be a public nuisance. 4 In the event that any person owning, claiming, occupying or having supervision or control of any real property fails to comply with the pro- visions of this Ordinance, the City may notify such person of his failure to comply. Such 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 (2) issues within ten (10) consecu- tive days in any daily, weekly, or semi - weekly 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 with this Ordinance. .j 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 the owner fails or refuses to pay such expense with- in thirty (30) days after the first day of the month following the month in which the work was done, the City shall file with the County Clerk of Tarrant County a statement of the amount so expended. Such amount shall bear interest at the rate of ten per cent (10 %) from the date the City incurs the expense and shall become a lien against the real property. For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the City. The statement of expense filed with the County Clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, improvement or correction of the property, all more particularly specified in Art. 4436, Vernon's Annotated Texas Civil Statutes, which is hereby adopted. 0 Should any section, article, provision or part of this Ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decisions shall in no way affect the validity of any of the remaining parts of this Ordinance unless the part held unconstitutional or void is inseparable from the indispensable to the operation of the remaining parts. The City Council hereby declares that it would not have passed those parts which may be unconstitutional at the time of the passage of this Ordinance. VA Any person, 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 offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. -2- 8 The fact that the enactment of this Ordinance is necessary to preserve the public business, peace, health, safety and general welfare, creates an urgency and an emergency in the immediate preservation of same, and requires that this Ordinance shall take effect immediately from and after its passage and publication as required by law. 0 This Ordinance shall become effective and be in full force and effect from and after the day of its adoption and publication as by law provided. APPROVED AND ADOPTED on first and final reading on the 12th day of February , 197 4 , at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ,a Mayor ATTEST: City Secretary -3-