OR 281 Regarding weeds AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 281
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 LVIED
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; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABLIITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. AMENDING CHAPTER 9 OF CODE (NEW ARTICLE 9-8)
Chapter 9 of the Code of Ordinances of the City of Coppell is hereby amended
by adding thereto the following new ARTICLE 9-8 dealing with Weeds, Brush and
Unwholesome Matter, and containing Sections 9-8-1 through 9-8-7:
"ARTICLE 9 - 8
WEEDS, BRUSH AND UNWHOLF. SOME MATTER
Section 9-8-1 WEEDS, BRUSH, ETC., OVER 12" HIGH.
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 objectionable or unsightly matter 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 shah be presumed to be objectionable and unsightly matter.
Section 9-8-2 DUTY OF PROPERTY OWNER TO CUT AND REMOVE
WEEDS, BRUSH AND UNSIGHTLY MATTEl
It shall be the duty of any person owning, claiming, occupying or
having supervision or control of any such real property, as provided
for herein, to cut and remove all such weeds, brush and other
objectionable or unsightly matter as often as may be necessary to
comply with the next preceding section; provided, that the removing
and cutting same at least once every thirty (30) days shall be deemed
a compliance with this ordinance.
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 the ordinance, 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;
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
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 fails to comply with the
provisions of this Article it shall be the duty of the Building Inspector
to give ten (10) days notice in writing to such person violating the
terms of this ordinance, or by letter addressed to such person at
his post office address or by publication two times within ten
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 in writing or by letter, or date
of second publication of notice in the City official newspaper, 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 expenses incurred in doing or in having same done, to
the owners of such property as provided hereafter in compliance
with Article 4436, Revised Civil Statutes of Texas, as amended.
Section 9-8-5 FAILURE TO COMPLY WITH REMOVAL NOTICE
Any person violating the provisions of this article, who continues
to be in violation of the same after notice is given as set forth
herein, shah be deemed guilty of a misdemeanor and upon conviction
shall be fined not to exceed the sum of Two Hundred ($200.00)
Dollars for each offense. Each and every day such offense is
continued shall constitute a separate offense. This section shall be
in addition to and cumulative of the provisions for the abatement
of the said nuisance and charging the cost of same against the
owner of the premises by the City.
Section 9-8-6 CHARGE TO BE LEVIED AND COLLECTED IF WORK DONE BY CITY
The expenses incurred by the City of Coppell, pursuant to the
correcting of conditions as set forth in this ordinance, 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. A charge of $75.00 for each cutting, raking and removal of
said weeds and brush shall be levied, assessed and collected
against such property each time such cutting, raking and
removal of said weeds shall be performed where the lot does
not exceed five thousand (5,000) square feet. On tracts and
lots of land that exceed one acre there shall be levied,
assessed and collected One llundred ($100.00) Dollars for each
acre. In the event that there are obstructions such as rocks,
trees, shrubs, bushes, excavations, foundations of demolished
structures or other impediments, an additional charge can be
levied, assessed and collected from such premises for the
actual cost resulting from the additional expenses incurred
therefrom;
B. In the event that it becomes necessary for the City of Coppel],
Texas to go upon property and do or cause to be done the
work necessary to seek compliance with Section 3, above,
the actual expenses incurred shall be charged, levied, assessed
and collected against such property.
Section 9-8-7 CHARGES TO BECOME A LIEN TO BE LEVIED AND COLLECTED
BY THE CITY TAX ASSESSOR AND COLLECTOR
The charges provided for in this ordinance shall be levied, assessed
and collected by the 'Fax 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 ordinance, 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 CHAPTER 9 OF CODE (NEW ARTICLE 9-9)
Chapter 9 of the Code of Ordinances of the City of Coppe]l is hereby amended
by adding thereto the following new ARTICLE 9-9 dealing with ANTI-LITTER regulations,
and containing Sections 9-9-1 through 9-9-3:
"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 material, waste from building sites, stagnant 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 passenger in a
vehicle to throw or deposit 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 rernoved.
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 vehic]e 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 3. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 4. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or porvision 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 uncor{stitutionaL
SECTION 5. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
ssha]l be deemed guilty of a misdemeanor and, upon conviction, shah be punished be a
penalty of fine not to exceed the sum of Two F~undred Dollars ($200.00) for each offense,
and each and every day such offense is continued shall constitute a new and separate
offense.
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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the/~/~'~
day of !~Ci ~c~ ~ , 1982.
APPROVED:
.
MAYOR