OR 98-827 Amends Chapter 9 regarding weeds, brush, trash, stagnant water & other unwholesome matter AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 98827
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9,
ARTICLE 9-8; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACIt OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be and the same
is hereby amended by amending Chapter 9, Article 9-8, in part to read as follows:
"ARTICLE 9-8 WEEDS, BRUSH AND UNWHOLESOME MATTER
See. 9-8-1. WEEDS, BRUSH AND OTHER MATERIAL OVER TWELVE (12)
INCHES HIGH
A. It shall be unlawful for any person owning or occupying any real property
within the corporate limits of the City to permit weeds, brush or any other
combustible material to grow to a height greater than twelve (12) inches
upon any such real property within One Hundred fifty feet (150) of any
property line, and to a point fifteen (15) feet outside any such property line
that is adjacent to a street or alley fight-of-way. All vegetation, not
regularly cultivated, and which exceeds twelve (12) inches in height shall
be presumed to be a fire hazard and constitute a nuisance.
Sec. 9-8-2. OBJECTIONABLE MATTER
A. It shall be the lawful duty of any person owning or occupying real property,
within the corporate limits of the City, to keep such property free from
rubbish, and other objectionable, unsightly, or unsanitary manner. It shall
further be the lawful duty of any person owning any building,
establishment, or real property, to keep such improvements or property
free from filth, carrion, or other impure or unwholesome matter.
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Sec. 9-8-:}. DUTY OF PROPERTY OWNER TO REMOVE STAGNANT
WATER.
A. It shall be unlawful for any person owning or occupying real property,
within the corporate limits of the City, to permit stagnant water therein,
and it shall be the duty of said persons to fill up, drain, or regrade any lots,
ground or yards which has stagnant water therein.
Sec. 9-8-4. NOTICE TO OWNER
A. If the owner or occupant of property in the corporate limits of the City,
refuses or fails to comply with the provisions of this Article, the Fire Chief
or his designee shall give notice of the violation to such person or persons
violating the terms of this Article. The notice may be given:
(1) Personally to the owner in wrifing~
(2) By letter addressed to the owner at the owners post office address;
or
(3) If personal service cannot be obtained or the owners post office
address is unknown:
(a) By publication at least twice within ten (10) consecutive
days;
(b) By posting the notice on or near the front door of each
building on the property to which the violation relates; or
(c) By posting the notice on a placard attached to a stake
driven into the ground on the property to which the violation
relates, if the property contains no buildings.
The notice shall contain a description of the violation and notification that
if the owner of the property does not comply with this article within ten
(I0) days of the notice of violation, the City may do the work or make the
improvements required and pay for the work done or improvements made
and charge the expenses to the owner of the property.
Sec. 9-8-5. SUBSEQUENT VIOLATIONS WITHIN ONE YEAR
A. The City, in the notice of violation, may inform the owner by certified mail,
return receipt requested, that if the owner commits another violation of the
same kind or nature that poses a danger to the public health and safety on
or before the first anniversary of the date of the notice, the City without
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further notice may correct the violation at the owners expense and assess
the expense against the property. If a violation covered by a notice under
this subsection occurs within the one year period, and the City has not been
informed in writing by the owner of an ownership change, then the City
without notice may take any action permitted by this Article and assess
expenses as provided by this Article.
Sec. 9-8-6. CITY MAY PERFORM WORK AND CHARGE EXPENSES
A. If the owner or occupant of property in the City does not comply with a
requirement in this Article within ten (10) days of notice of a violation, the
City may do the work or make the improvements required and pay for the
work done and improvements made and charge the expenses to the owner
of the property. The expenses incurred by the City of Coppell, with City
Council approval, pursuant to the correcting of conditions as set forth in
this Article, shall be assessed against the real estate on which the work is
done or improvements made.
Sec. 9-8-7. EXPENSES OF COMPLIANCE
A. In the event that it becomes necessary for the City to go onto property and
do, or cause to be done, the work necessary to compel compliance with the
requirements of this Article, the following expenses shall be charged,
levied, assessed and collected against such property:
(1) actual costs of necessary work;
(2) one hundred dollars ($100.00) administrative fee; and
(3) ten percent interest per year.
Sec. 9-8-8. ASSESSMENTS OF EXPENSES.
A. In the event the owners of premises upon which work was performed by
the City and charges incurred, fails or refuses to pay such charges and
expenses within sixty (60) days after the work was done, the City Tax
Assessor and Collector shall file with the County Clerk of Dallas County a
lien statement which describes the expenses the City has incurred pursuant
to the provision of this article, the name of the owner, if known, and the
legal description of the property. This lien is security for the expenditures
made and interest occurring at the rate of ten (10%) percent on the amount
due from the date of payment by the municipality. This lien is inferior only
to tax lien's and lien's for street improvements.
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Sec. 9-8-9. FORECLOSURE
A. The City may bring a suit for foreclosure in the name of the City to recover
the expenditures and interest due in any lien obtained pursuant to this
article.
Sec. 9-8-10. ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS.
A. Notwithstanding the other provisions to this Article, the City may abate,
without notice, weeds that have grown higher than 48 inches and are an
immediate danger to the health, life, or safety of any person.
B. If the City abates weeds under this Section, the City shall give notice to the
property owner in a manner required by Section 4 of this Article not later
than the tenth (10th) day after the date that the City abates weeds under
this Section. This notice shall contain:
(1) An identification, which is not required to be a legal description, of
the property;
(2) A description of the violations of the ordinance that occurred on the
property;
(3) A statement that the City abated the weeds; and
(4) An explanation of the property owner's right to request an
administrative hearing about the City abatement of the weeds.
C. The City shall conduct an administrative hearing on the abatement of weeds
under this Section if, not later than the 30th day after the date of the
abatement of the weeds, the property owner files with the City a written
request for a hearing.
D. An administrative hearing conducted under this Section shall be conducted
no later than the 20th day after the date a request for hearing is filed. The
owner may testify or present any witnesses or written information relating
to the City's abatement of the weeds.
E. Expenses under this section may be assessed in liens created under the
same conditions expressed in this Article. The grant of authority in this
section is in addition to all other powers granted by this Article.
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Sec. 9-8-11. MAINTENANCE OF SUBDIVISION
A. Within the boundaries of a subdivision plat that has been approved as a
planned development, the homeowner's association shall be responsible for
maintaining all common areas, and shall be considered the owner or
occupant of the common areas for purposes of this Article."
SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be
void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by
the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions of this
ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor
and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not
to exceed the sum of two thousand dollars ($2,000.00) for each offense: and each and every day said
violation is continued shall constitute a separate offi~nse.
SECTION 6. That this ordinance shall take effect immediately from and after its passage and
the publication of the caption as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, the /~ day of
~) ;. ~-, / , 1998.
APPRO D:
CANDY S HAN, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
·
PETER G. SMITH, CITY ATTORNEY
(PGS/mmf/ttl 4/8/98)
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