OR 92-559 Weeds, brush, trash, stagnant water & other unwholesome matter AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO 92559
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER
9 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL PROHIBITING
WEEDS OR BRUSH OVER 12 INCHES IN HEIGHT; REQUIRING PROPERTY OWNERS
TO REMOVE STAGNANT WATER, RUBBISH, TRASH, CARRION OR OTHER IMPURE
OR UNWHOLESOME MATTER; PROVIDING NOTICE TO OWNER TO REMOVE AND
REMOVAL BY CITY UPON FAILURE OF OWNER TO DO SO WITH CHARGES LEVIED
AND COLLECTED FROM PROPERTY OWNER; PROVIDING SUCH CHARGES TO BECOME
A LIEN ON THE LAND; MAKING IT UNLAWFUL TO LITTER PUBLIC OR PRIVATE
PROPERTY; REQUIRING ALL VEHICLES TRANSPORTING LITTER TO BE COVERED;
REQUIRING A LITTER-FREE CONSTRUCTION AREA BE MAINTAINED; PROVIDING
A REPEALING CLAUSE SPECIFICALLY REPEALING ORDINANCES 87-384 AND
281; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR
VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED
($500.00) FOR EACH OFFENSE; EXCEPT WHERE A DIFFERENT PENALTY HAS
BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL
BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A
VIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC
HEALTH AND SANITATION OR DUMPING OR REFUSE AS THAT TERM IS DEFINED
BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A,
VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED THE PENALTY SHALL BE
A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1: AMENDING ARTICLE 9-8 OF CHAPTER 9 OF THE CODE
OF ORDINANCES OF THE CITY OF COPPELL
Article 9-8, Chapter 9 of the Code of Ordinances of the City
of Coppell is hereby amended as follows:
"ARTICLE 9 - 8
WEEDS, BRUSH AND UNWHOLESOME MATTER
Section 9-8-1 WEEDS, BRUSH, ETC., OVER 12" HIGH
A. It shall be unlawful for any person owning,
claiming, occupying or having supervision or
control of any real property, occupied or
unoccupied, within the corporate limits of the
City, to permit weeds, brush or any other
"combustible material" to grow to a greater
height than twelve (12) inches upon any such
real property within one hundred fifty (150)
feet of any property line. 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.
Section 9-8-2 DUTY OF PROPERTY OWNER TO CUT AND REMOVE WEEDS,
BRUSH AND UNSIGHTLY MATTER.
A. It shall be the duty of any person owning,
claiming, occupying or having supervision or
control of any developed or improved real
property within the corporate limits of the
city, occupied or unoccupied, to cut and/or
remove all weeds, brush and other combustible
matter from such property and to a point
fifteen (15) feet outside any such property
line that is adjacent to a street or alley
right-of-way as often as may be necessary to
comply with the preceding section; provided,
that the cutting and removing of same at least
once every thirty (30) days shall be deemed in
compliance with this Article.
ORDINANCE REGULATING HIGH GRASS - Page 2
B. 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. Except in those cases where the
homeowners association has agreed to take
responsibility, individual homeowners that own
property within a planned development shall be
responsible for maintaining any property that
is adjacent to a street or alley right-of-way
up to the boundary of the subdivision plat.
section 9-8-3 DUTY OF PROPERTY OWNER TO REMOVE STAGNANT WATER,
RUBBISH, TRASH, CARRION OR OTHER IMPURE OR
UNWHOLESOME MATTER.
A. It shall be the duty of any person owning,
claiming, occupying or having supervision or
control of any real property, occupied or
unoccupied, within the corporate limits of the
City, to keep such property free from stagnant
water, rubbish, trash, filth, carrion or other
impure or unwholesome matter of any kind, and
to keep the sidewalks in front of this
property free and clear of the same, and, to
fill up, drain or regrade any lots, ground or
yards which shall be unwholesome or have
stagnant water therein and, to cleanse and
disinfect any house, building, establishment,
lot, yard or ground from rubbish, trash,
filth, carrion or other impure or unwholesome
matter of any kind.
B. Rubbish, as that term is used in this Article,
shall include but not be limited to the debris
left upon properties after any building or
other structures on such properties have been:
1. Destroyed by fire or other calamity and
the same not restored to its original or
better condition or removed from the
property within ninety (90) days from the
date of such destruction;
2. Intentionally wrecked or demolished by
the owner;
ORDINANCE REGUI~TING HIGH GRASS - Page 3
3. Moved from such property to another
location;
4. Vacated by a prior owner or tenant.
Section 9-8-4 NOTICE TO OWNER TO REMOVE AND REMOVAL BY CITY UPON
FAILURE OF OWNER TO DO SO
A. In the event that any person owning, claiming,
occupying or having supervision or control of
any real property, occupied or unoccupied,
within the corporate limits of the City,
refuses and fails to comply with the
provisions of this Article, it shall be the
duty of the Fire Chief or his designee to give
ten (10) days notice in writing to such person
violating the terms of this Article, or by
publication two (2) times within ten (10)
consecutive days in the City's official
newspaper. If such person fails or refuses to
comply with the provisions hereof within ten
(10) days after date of notification by
writing or letter, or by date of second
publication of notice in the City's official
newspaper, at least one time in any calendar
year to such owner, the City may go upon such
property and do or cause to be done the work
necessary to obtain compliance with this
Article, and may charge the expense incurred
in doing or having same done, to the owners of
such property as provided hereunder and in
compliance with Chapter 342, Health and Safety
Code, as amended.
Section 9-8-5 CHARGE TO BE LEVIED AND COLLECTED IF WORK DONE BY
CITY
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 charged to and become a lien on the real estate
or lot or lots upon which such expense is incurred.
Such charges to be levied shall be as follows:
A. Actual cost plus 10% administrative fee and
10% interest per year.
B. In the event that it becomes necessary for the
City of Coppell, Texas to go upon property and
do or cause to be done the work necessary to
ORDINANCE REGULATING HIGH GRASS - Page 4
seek compliance with Section 9-8-3 above, the
actual expenses incurred shall be charged,
levied, assessed and collected against such
property.
Section 9-8-6 CHARGES TO BECOME A LIEN TO BE LEVIED i~ND COLLECTED
BY THE CITY TAX ASSESSOR AND COLLECTOR
The charges provided for in this Article shall be
levied, assessed and collected by the Tax Assessor
and Collector of the City of Coppell, Texas. In
the event the owner of said premises upon which
work was done and charges incurred fails or refuses
to pay such charges and expenses within thirty (30)
days after the first day of the month following the
one in which the work was done, the Tax Assessor
and Collector shall file with the County Clerk of
Dallas County, a statement by the Mayor of the City
setting out the expenses that the City has incurred
pursuant to the provisions of this Article, and the
City of Coppell shall thereby perfect a privileged
lien on the property involved, second only to tax
liens and liens for street improvements, to secure
the expenses incurred; together with ten percent
(10%) interest from the date such payment was due.
For any such expenditures and interest, as
aforesaid, suit may be instituted and foreclosure
had in the name of the City of Coppell; and, the
statement so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the
amount expended for any such work or improvements."
SECTION 2. AMENDING ARTICLE 9-9 OF CHAPTER 9 OF THE CODE
OF ORDINANCES OF THE CITY OF COPPELL
Article 9-9 of Chapter 9 of the Code of Ordinances
of the City of Coppell is hereby amended as
follows:
"ARTICLE 9 - 9
ANTI-LITTER
Section 9-9-1 UNLAWFUL TO LITTER PUBLIC OR PRIVATE PROPERTY
It shall be unlawful for any person to deposit
garbage, trash, rubbish, discarded building
materials, waste from building sites, stagnant
ORDINANCE REGULATING HIGH GRASS - Page 5
water or dead animals, upon or along any drain,
gutter, alley, sidewalk, street, or vacant lot, or
upon any public or private premises within the
corporate limits of the City. It is unlawful for
any person owning or being in charge of property
within the city to allow such property to be used
as a landfill without express authority from the
City Council and the issuance of a permit by the
City. This provision does not, however, apply to
the use of fill composed of dirt, sand and gravel.
Section 9-9-2 UNLAWFUL TO THROW LITTER FROM VEHICLE
It shall be unlawful for any person while driving
or a passenger in a vehicle to throw or deposit
inorganic trash, garbage or rubbish of any kind
upon any street, street right-of-way, or other
public place within the city or upon private
property. Any person who drops or permits to be
dropped or thrown upon any street any trash,
rubbish or injurious metal material shall
immediately remove the same or cause it to be
removed.
Section 9-9-3 VEHICLE TRANSPORTING LITTER TO BE COVERED
It shall be unlawful for any person to drive or
move any truck or other vehicle within the City,
unless such vehicle, is so constructed or loaded so
as to prevent any load contents, including trash,
rubbish or garbage from being blown or deposited
upon any street, street right-of-way, alley, or any
other public or private property within the City.
Section 9-9-4 CONSTRUCTION LITTER
A. The Chief Building Official shall be
responsible for enforcing the terms of this
section.
B. It shall be unlawful for the owner of the
property, the developer of the property, the
contractor and the franchise utility to allow
litter, spillage, or tracking of dirt or other
construction related material to occur through
ORDINANCE REG~TING HIGH GRASS - Page 6
the transportation of construction/related
trucks to and from construction sights
anywhere within the city limits of the City of
Coppell. If a litter-free construction area
has not been maintained, and a warning by the
proper city official has been given, the
violator shall have until 5:00 p.m. the day of
the warning to address the problem. If no
action is forthcoming, a citation shall be
issued.
C. Each construction site shall contain a trash
bin that will contain a minimum of 216 cubic
feet of trash."
SECTION 3. REPEALING CLAUSE
All ordinances, or parts of ordinances inconsistent or in
conflict with the provisions of this ordinance, specifically
Ordinances 87-384 and 281 are hereby repealed.
SECTION 4. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision
of this ordinance shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than
the part so decided to be invalid or unconstitutional.
SECTION 5. PENALTY CLAUSE
Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction shall be punished by a penalty of
fine not to exceed the sum of Five Hundred Dollars ($500.00) for
each offense; except where a different penalty has been established
by state law, and for any offense which is a violation of any
provision that governs fire safety, zoning, public health and
sanitation or dumping of refuse as that term is defined by Section
2.09 of the Texas Litter Abatement Act, Article 4477-9a, VERNON'S
ANNOTATED CIVIL STATUTES, AS AMENDED, the penalty shall be a fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense; and providing an effective date.
ORDINANCE REGULATING HIGH GRASS - Page 7
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect immediately from and after
the publication of its caption, as the law in such cases provides.
Provided, however, this ordinance shall not be effective in the
Highland Meadows Subdivision until 30 days after publication of its
caption.
DULY PASSED by the City Council of the City of Coppell, Texas,
this the 9th day of June , 1992.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
ORDINANCE REGULATING HIGH GRASS - Page 8