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HomeMy WebLinkAboutOrdinance No. 04-1575 CITY OF THE COLONY ORDINANCE NO. Otf... S 15 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 10-83 OF CHAPTER 10 "HEALTH AND SANITATION" BY DELETING SUBSECTIONS (c) AND SUBSECTION (d) AND AMENDING SECTION 10-84 AND 10-85 TO COMPLY WITH THE REQUIREMENTS UNDER THE HEALTH AND SAFETY CODE; PROVIDING FOR A REPEAL OF REGULATIONS IN CONFLICT; PROVIDING FOR SAVINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) PER DAY FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 342 of the Texas Health and Safety Code gives a municipality the authority to adopt an ordinance that requires the owner of a lot in the municipality to keep the lot free from weeds, rubbish, brush and other objectionable, unsightly, or unsanitary matter; and WHEREAS, the Texas Health and Safety Code also permits the governing body of a municipality to punish an owner or occupant of property in the municipality who violates any ordinances adopted by the municipality; and WHEREAS, the City Council of the City of The Colony finds it necessary to amend the City's ordinance regulating weeds, trash and rubbish to conform with Chapter 342 of the Texas Health and Safety Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Section 10-83 of the Code of Ordinances of the City of The Colony be, and the same is, hereby amended by deleting subsection (c) and subsection (d). Section 2. That Section 10-84 of the Code of Ordinances of the City of The Colony be, and the same is hereby amended to read as follows: "Sec. 10-84. Failure to Comply with regulations. (a) Notice of violation. If the owner of property fails or refuses to comply with this Article, the City shall give written notice to the property owner. The notice shall be delivered by regular mail to the owner or mailed to the owner's post office address. If delivery in person is not possible, or the owner's address is unknown, notice shall be given by: (1) Publication in the City's official newspaper at least once; 1 7 (2) Posting the notice on or near the front door of each building on the property to which the violation relates; or (3) Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (b) A notice of violation shall contain a statement: (1) Setting forth the requirements of this Article; (2) That the owner has ten (10) days from the date of this notice to correct the violation; (3) If the owner fails to correct the violation, the City will enter upon the property and abate the violation; and (4) If the owner fails to pay the costs for abatement, a lien shall be filed against the property to secure all costs and fees. (c) If the property owner commits a subsequent violation of this Article, on or before the first anniversary of the date of the first notice, the City without further notice may correct the violation at the owner's expense and asses the expenses against the property. Section 3. That Section 10-85 of the Code of Ordinances of the City of The Colony be, and the same is hereby amended to read as follows: "Sec. 10-85. Notice to owner of violations; abatement by City; Collection of costs. (a) If any person allows non-compliance with this Article to occur, the City may go upon such property and do or cause the work necessary to obtain compliance with the provisions of this Article. (b) A statement of the costs incurred by the City shall be billed to the property owner. The costs shall include an administrative fee of eighty-five dollars ($85.00). If the total amount billed is not remitted to the City within thirty (30) days of the date of the mailing, the City shall turn the unpaid balance over to a collection agency. Upon turning the unpaid balance over to a collection agency, an additional 25% of the total amount due will be added in addition to the administrative fee. (c) If the statement is not timely paid, the City may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the City shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall inclùde ten (10) percent on the delinquent amount from the date payment was made by the City. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the City. 2 7 . Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The repeal of any ordinance or part of ordinances affectuated by the enactment of this ordinance shall not be constituted as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. Section 6. Any person, firm or corporation violating any of the provisions of this ordinance or the Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) per day for each offense. Section 7. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. AND IT IS SO ORDAINED. /'3 Æ ASSE».J:;1:PROVED by the City Council of the City ofThe Colony, Texas, this day of . 2004. , ¿Lid ¡JAPa~lV-. Christie Wilson, City Secretary Robert Hager, Cit (JJG/si/ 9/10/04) (6661 3 7 -