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OR 113 Makes it unlawful to permit weeds, brush, trash, stagnant water & other objectionable matter ORDINANCE NO. 113 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PERMIT WEEDS, BRUSH OR ANY OBJECTIONABLE OR UNSIGHTLY MATTER TO GROW TO A HEIGHT GREATER THAN TWELVE (12) INCHES WITHIN ONE HUNDRED FIFTY (150) FEET OF ANY PROPERTY LINE; MAKING IT THE DUTY OF ANY PER- SON TO CUT AND REMOVE ALL SUCH WEEDS, ET CETERA; PROVIDING THAT THE CUTTING AND REMOVING OF THE WEEDS, ET CETEHA, EVERY THIRTY (30) DAYS CONSTITUTE COMPLIANCE WITH THIS ORDINANCE; MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO ALLOW THE ACCUM- ULATION OF STAGNANT WATER, RUBBISH, TRASH, CARRION. AND FILTH; DEFINING RUBBISH TO INCLUDE DEBRIS LEFT ON PROPERTIES AFTER FIRE OR CALAMITY AND DEBRIS LEFT AFTER STRUCTURES OR BUILDINGS HAVE BEEN WRECKED OR MOVED FROM SUCH PROPERTIES; PROVIDING FOR NOTICES TO OWNERS OR OTHER PERSONS VIOLATING THE TERMS OF THIS ORDINANCE; AUTHORIZING THE CITY TO CUT AND REMOVE SUCH WEEDS AND BRUSH, AND TO REMOVE STAGNANT WATER, RUBBISH, TRASH, CARRION AND FILTH; PRO- VIDING FOR A CHARGE TO BE LEVIED AND COLLECTED IF SUCH WORK IS DONE BY THE CITY AND CHARGE THE COST TO THE OWNERS OF SUCH PRO- PERTY; PROVIDING THAT THE CHARGES SHALL BECOME A LIEN TO BE LEVI- ED AND COLLECTED BY THE CITY TAX COLLECTOR AND ASSESSOR; PROVID- ING A SAVINGS CLAUSE; AND MAKING AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COP- PELL, TEXAS: Section 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 inches upon any such real property within one hundred fifty feet of~any property line. All vegetation, not regularly cultivated, and which exceeds twelve inches in height shall be presumed to be objectionable and un- sightly matter. Section 2: DUTY OF PROPERTY OWNER TO CUT AND REMOVE WEEDS, BRUSH AND UNSIGHTLY MATTER. 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 days shall be deemed a compliance with this ordinance. Section 3: DUTY OF PROPERTY OWNER TO REMOVE STAGNANT WATER, RUBBISH, TRASH, CARRION OR OTHER I~URE OR UNWHOLESOME MATTER. 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. "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: (a) Destroyed by fire or other calamity and the same not restored to its original or better condition or removed from the property within 90 days from the date of such destruction; (b) Intentionally wrecked or demolished by the owner; (c) Moved from such property to another location. (d) Vacated by a prior owner or tenant. Section 4: NOTICE TO OWNER TO REMOVE, ETC.; 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 Sections 1, 2 and 3, it shall be the duty of the Building Inspector to give ten (10) days notice in writing to such person violating the terms oflthis ordinance, or by letter addressed to such person at his post office address or by publica- tion two times within ten consecutive days in the City's official newspaper. If such person fails or refuses to comply with the provisions of Sections 1, 2 and 3, within ten (10) days after date of notification in writing or by letter, or date of second publioation 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 ordinance, 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 5: FAILURE TO COMPLY WITH REMOVAL NOTICE Any person violating the provisions of this ordinance, who continues to be in violation of the same after notice is given as set forth in Section 4, above, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not to exceed the sum of $200.00 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 pro- visions for the abatement of the said nuisance and charging the cost of same against the owner of the premises by the City. Section 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 $ ~. ~O 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 area does not exceed ~D~C square feet. On tracts and lots of land that shall be levied, assessed and collected for each additional j~ square feet or the major portion thereof. In the event that there are obstructions such as rocks, trees, shrubs, bushes, excavations, foundations of demolished structures or other impedi- ments, an additional charge can be levied, assessed and collected from such premises for the actual cost resulting from the addition- al expenses incurred therefrom; (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 seek compliance with Section 3, above, the actual expenses incurred shall be charged, levied, assessed and collected against such property. Section 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 Tax Assessor & 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 & cCollector shall file with the County Clerk of Dallas County, a statement by the Mayor of the City settling out the expenses that the City has incurred pur- suant to the provisions of this ordinance, and the City of Cop- pell shall thereby perfect a privileged lien on the property in- volved, second only to tax liens and liens for street improvements, to secure the expenses incurred; together with ten per cent (10%) interest from the date such payment was due. For any such ex- penditures 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 8: Should any word~ phrase, sentence, clause or paragraph Yor Section of this ordinance be declared or held to be illegal or unconstitutional, the same shall not affect the remain- ing words, phrases, sentences, clauses, paragraphs or sections of this ordinance, which shall remain in full force and effect. Section 9: REPEALING INCONSISTENT ORDINANCES. All ordinances or parts thereof inconsistent herewith are are hereby repealed. Section 10: WHEREAS, the fact that there is not an ordinance of the City of Coppell, Texas, adequately controlling or providing for the cutting and removal of weeds, brush or ob- jectionable or unsightly matter, and the removal of stagnant water, rubbish, trash, carrion or other impure or unwholesome matter, creates an urgency and an emergency and in the preser- vation of the public health, safety and welfare, requires that this ordinance shall take effect immediately after its passage as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE COPPELL, TEXAS, on this the /~day of ~ CITY OF , 19~. APPROVED: MAYOR ATTEST: ~~ITY ~ SECRETARY APPROVED AS TO FORM: CITY AT. EY '