HomeMy WebLinkAboutOrdinance No. 239 ORDINANCE NO. ~ ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, MAKING IT
UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS, GRASS OR OTHER OBJECTIONABLE
OR UNSIGHTLY MATTER TO GROW TO A HEIGHT GREATER THAN TWELVE 112)
INCHES UPON ANY REAL PROPERTY; PROVIDING FOR THE REMOVAL IN CERTAIN
AREAS; PROVIDING FOR REMOVAL BY THE CITY AND THE FILING OF A STATE-
MENT OF EXPENSES; PROVIDING FOR THE FIXING OF A PRIVILEGED LIEN
ON PROPERTY; PROVIDING VARIOUS NOTICES; PROVIDING A PENALTY OF
FINE NOT TO EXCEEO THE SUM OF TWO HUNDRED DOLLARS 15200.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1: It shall be un]awful for the owner of any lot
or lots within the City to allow, suffer or permit the same to
be grown up with weeds, rubbish, brush, or any other objectionable,
unsightly, or unsanitary matter of whatever nature.
SECTION 2: It shall be unlawful for any person owning, claiming,
occupying or having supervision or control of any real property,
occupied or unoccupied, within the City to permit weeds, Johnson
grass, brush, rubbish or any other type of objectionable or unsightly
matter to grow to a greater height than twelve (12) inches upon
any such real property within one hundred and fifty 1150) feet
of any property line which abuts street rights-of-way, alleys,
utility easements, subdivided additions, developed property or
any buildings or other structures.
SECTION 3: It shall be the duty of any person owning, claiming,
occupying or having supervision or control of any property, occupied
or unoccupied, within the City to keep the area adjacent to his
property line including the front or side parkway between the
property line or sidewalk and the curb and the rear or side parkway
between the property line and the alley pavement or traveled way,
or if there is no curb, then within ten (10) feet outside such
property line free and clear of the matter referred to above,
provided, however, that where the alleyway is not open unto traffic,
that the parkway in such cases shall be deemed to be between the
property line and the center line of the alley. All vegetation
not regularly cultivated and which extends twelve 112) inches
in heJght shall be presumed to be objectionable and unsightly,
except that regularly cultivated crops shall not be allowed to
grow within the right-of-way of any public street or easement,
but shall be kept mowed. It shall be unlawful for any person
to fail to cut and remove the matter referred to in this Section
and above, and such failure shall constitute a violation of the
terms of this ordinance.
SECTION 4: It shall be the duty of any person owning, claiming,
occupying or having supervision or control of any real property,
to cut and remove all such weeds, brush and other objectionable
or unsightly matter as often as may be necessary.
SECTION 5: In the event that any person owning, claiming,
occupying or having supervision or control of any real property,
occupied or unoccupied, within the City, fails or refuses to cut
and remove the items enumerated above, within ten Il0) days after
notice in writing, or by letter addressed to such person at his
post office address, or by publication as many as two (2) times
in ten (10) consecutive days, if personal service may not be had
as aforesaid, or the owner's address be not known, the City of
The Colony may do such work or cause the same to be done and may
pay therefor and charge the expenses incurred in doing or having
such work done or improvements made, to the owner of such property
as provided below.
SECTION 6: If any such person fails or refuses to comply
with their notice set out above, the City may go upon such property
and do or cause to be done the work necessary to obtain compliance
with the provisions of this ordinance. The expense incurred in
correcting the condition of such property may be assessed on the
real estate, or lot or lots upon which such expense is incurred,
and file with the County Clerk of Denotn County a statement by
the Mayor or City Health Officer of such expenses, and upon such
filing the City of The Colony shall have a privileged lien thereon,
second only to tax 1lens and liens for street improvements to
secure the expenditures so made and interest on the amount as
prescribed by state statute, from the date of such payment. For
the collection of any such expenditures and interest as aforesaid,
suit may be instituted and foreclosure had in the name of the
City of The Colony, and the statement so made, or a certified
copy thereof shall be prima facie proof of the amount expended
in any such work or improvements, all as provided in Article 4436,
Vernon's Annotated Civil Statutes of the State of Texas, which
is hereby adopted.
SECTION 7: Any person, firm, corporation or association
violating any of the provisions of this ordinance by failing to
cut and/or remove the weeds, grass, brush or other objectionable
or unsightly matter described herein as required shall be deemed
guilty of a misdemeanor and, upon conviction in the Municipal
Court of the City of The Colony, shall be subject to a fine not
to exceed the sum of Two Hundred Dollars ($200.00) for each offense,
and each and every day that the premises shall remain in a condition
in violation of the terms of this ordinance shall constitute a
separate offense. This Section shall be in addition and cumulative
of the provisions for the abatement of the nuisance and the charging
of the cost of the same against the owner of the premises by the
City.
SECTION 8: This ordinance shall take effect immediately
from and after its passage and the publication of the caption
as the law in such cases provides.
DULY PASSED ~ THE CITY ~ THE CITY OF THE COLONY,
TEXAS, on the /~ DAY OF , 1983.
APPROVED:
G~E~PO~LA~
ATTEST:
JAN~CE- CARROLL, C-ITY SECRETARY
APt~/ROVED AS TO FORM:
CITY ATTORNEY