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0536ORDIN~NCE NO. 536 AN ORDINANCE OF THE CITY OF SOUTHL~KE, TEXAS, MAKING IT UNLAWFUL FOR ~ PERSON TO PERMIT WEEDS, GRASSt OR ANY PLANT T~AT IS NOT REGULARLY CULTIVATED TO GROW TO A HEIGHT GREATER TH~N TWELVE (12) INCHES OR TO PERMIT THE ACCUMULATION OF RUBBISH OR OTHER OBJECTIONABLE OR UNSIGHTLY MATTER UPON ANY REAL PROPERTY WITHIN THE CITY; DECLARING A PUBLIC NUISANCE; PROVIDING FOR NOTICE OF VIOLATIONS; PROVIDING FOR REMOVAL ~a_ND ABATEMENT BY THE CITY OF WEEDS, GRASS, BRUSH, PLANTS, RUBBISH OR OTHER OBJECTIONABLE OR UNSIGHTLY MATTERAND THE PLACEMENT OF A PRIVILEGED LIEN ON THE PROPERTY INVOLVED; PROVIDING TEAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND SPECIFIC~LLY REPEALING ORDINANCE NO. 361; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; ~ PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, acting under its charter adopted by Article XI, Section 5 of Texas is a home rule city the electorate pursuant to the Texas Constitution and Chapter 9 of the Local Government Code; and w~EREAS, the city Council of the City of Southlake, Texas has determined that the existence of grass, weeds, brush or plants growing in rank profusion and rubbish or other objectionable or unsightly matter on property within the city of Southlake has an adverse effect on the public health, safety, and welfare of the citizens of Southlake and constitutes a public nuisance; and WHEREAS, the city Council deems it necessary to adopt this ordinance regulating and abating such public nuisance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: ORD~536/ORD/kb SECTION 1 DEFINITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. For purposes of this ordinance, the word "RUBBISH" shall mean both garbage and trash and shall include all animal and vegetable matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles generated from within a household, residence, or business, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrub and grass clippings, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, pieces of metal scrap, feathers, furniture, dead animals, other similar waste. rocks, shingles, building materials, and SECTION 2 It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to permit or allow grass, weeds, or any vegetation not regularly cultivated to grow to a height greater than twelve (12) inches upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the ORD#536/ORD/kb -2- street, or allow or permit any rubbish or objectionable or unsightly matter to accumulate or be present upon such property. Provided, however, for tracts of land in excess of five (5) acres upon which livestock graze, it shall be required only that grass, weeds, and vegetation not regularly cultivated shall be mowed to a height of no greater than 12" within 50 feet of the property line adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. It shall be a defense to prosecution under this section that the grass or weeds are located within the right-of-way adjacent to the rear lot line of a lot zoned and used as single family residential. SECTION 3 It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, rubbish and other objectionable or unsightly matter from such property or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street as may be necessary to comply with this Ordinance. SECTION 4 All grass, weeds, or vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable and unsightly, and is hereby declared a public nuisance. ORD#S36/ORD/kb -3- SECTION 5 In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City fails or refuses to comply with the provisions of this Ordinance, it shall be the duty of the City to give ten (10) days notice of the violation to the owner prior to abating the violation. The notice must be given: (1) personally to the owner in writing; or (2) by letter addressed to the owner at the owner's post office address shown on the last approved tax rolls of the City; or (3) if personal service may not be had as aforesaid, then by publication at least twice within ten (10) consecutive days, or by posting the notice on or near the front door of each building on the property to which the violation relates, or 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. If such person fails or refuses to comply with the provisions of this Ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property or authorize another to 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 owner of such property as provided hereafter in compliance with Section 342.001~ et. seq., Texas Health & Safety Code. The remedy provided in this section is in addition to the remedy provided for in Section 11 of this ordinance. ORD~)6/ORD/kb -4- SECTION 6 The charges provided for in this ordinance shall be levied, assessed, and collected by the City of Southlake, Texas. A statement of the cost incurred by the city to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the done whereupon the Mayor shall county where the premises are real estate on which the work was file with the County Clerk of the located a statement by the Mayor setting out the expenses that the city has incurred pursuant to the provisions of this Ordinance, and the City shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense incurred; together with ten percent (10%) interest per annum from the date the work was performed or payment therefor was made by the City. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the City of Southlake, 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. The remedy provided by this section is in addition to the remedy provided by Section 11 of this ordinance. ORD#S36/ORD/kb -5- SECTION 7 Notwithstanding the provisions of Section 5 of this ordinance, the city shall, prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying, or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, of a violation of this Ordinance. Notice shall be given as set forth in Section 5 of this ordinance. The notice may state in part that a violation of the Ordinance has occurred, and that, if the violation is not abated within ten (10) days of the date of the notice, a complaint will be filed in the city Municipal Court or injunctive or other legal relief will be sought. For any property, one notice of violation during any one growing season shall be sufficient for the city to seek relief pursuant to this section. For purposes of this ordinance, the growing period shall be defined as April 1 through October 31 of any given year. SECTION S The abatement regulations as herein established have been made for the purpose of promoting the health, general welfare of the community. SECTION 9 safety, morals, and the This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting ORD~S36/ORD/kb -6- provisions of such ordinances are hereby repealed. Ordinance No. 361 is hereby repealed in its entirety. SECTION 10 It is hereby declared to be the intention of the city Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12 Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 361 or any other ordinances affecting the regulation of weeds, grass, brush, plants, rubbish or other objectionable or unsightly matter which have accrued at the time of the effective date of this ORD#536/ORD/kb -7- ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. to SECTION 13 The City Secretary of the City of Southlake is hereby directed publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 14 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 3RD DAY OF DECEMBER, 1991. ,,,,'.~ .,,, '~, L 4 ,.. ?,,, MA-'fO ~ - ..,'- .-~:' ~\ ':~=_ ATTEST: %~ ". ~/ ~ / ~ TITY SECRETkRY ORD#S36/ORD/kb -8- PASSED AND APPROVED //. ~.,. , 1992. ON SECOND ATTEST: ~ITY SECRETARY RE~DING ON THIS ~ DAY OF APPROVED AS TO FORM AND LEGALITY: city Attorney Date: ORD#5~6/ORD/kb Fort Worth Star.Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '"''E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE 1 DESCRIPTION AD SIZE TOTAL RATE AMOUNT i INCH/LINE DEC 06 6795859 CL . 358 1X89 L 89 . 38 33. 82 Dec 6 NJTIHEARINGBLIC NOT ICE Is hereby giventoall Interested persons that the CI- lake Texas,will be Cityof South pubic hearing during the "-....__----.___------ ___..u.__... • Regular City Council meeting to be held on December 1/, 1991,at 7:00 .m.,Southiake City Hall 667 North Carroll Avenue,S`outhlake,Texas. Purpose of the hearing Is to consider the second readingof the following ordinance: ............ ORDINANCE NO.536 AN ORDINANCE OF , THE CITY OF SOUTH- S I G N E (kie,d LAKE TEXAS MAK- 3 E F O R E M E , THIS""THE ""9TH DAY ..Of._"""""""DEC R, 1991 UBSCRIBED A ING IT PERSON TO FOR ANY PERSON TO PERMIT WEEDS NOTARY PUBL )‹ ,GRASS, OR ANY IC G \ �� PLANT THAT IS NOT - --- -- - "- \^ REGULARLY CULTI- VATED TO GROW TO A HEIGHT GREATER TARRANT COUNTY, TEXA THAN TWELVE (12) .N.�'v�• INCHES OR TO PER- MIT THE ACCUMULA- 1,1���•'�Y� � TION OF RUBBISH OR + -pv U,�� KATNRri J.$QENCER OTHER OBJECTION- ABLE _P a�� p1c RE.; ABLE OR UNSIGHTLY + %O:' n�k�I+SS�O1�LX�lRE.; MATTER UPON ANY r ? ,C REAL PROPERTY 1AryUARY 281 CLARI THE P �3.t % 199 GLARING A PUBLIC I4�' +�� 5 NUISANCE• PROVID- 0 � ,. .• •'i4= ING FOR NOTICEE OF �'�:..:—'D VIOLATIONS; FORNR;EMOVAL +~~ AND ABATEMENT BY THE CITY OF WEEDS, GRASS BRUSH '�� PLANTS, THER,RUBBISOBJECTH 3FORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT MATTER UNSIGHTLY PLACEMENT OF A PR PROPE REMIT TO : 400 W . SEVENTH, FW , TX 76102 THEE PROPERTYRTY IN-N- VOLVED• SPECIFI- CALLY R EPEALING brt Wortl SH ALL D NG NO.T A- a ram THIS ORDINANCE , � �eS �4(� X1bt +�76197 SHALL BE CUMULA- TIVE OF ALL ORDI Fir -1 - NANCES PROVIDING 6795859 A SEVERABILITY ACCOUNT CIT57 AMOUNT 33. 82 CLAUSE• PROVIDING FOR A PENALTY FOR NUMBER DUE VIOLATIONS HEREOF;PROVIDING 1 A SAVINGS CLAUSE; PROVIDING INFTHE AGE F OF- FICIAL NEWSPAPER; EFFECTTIVEI PROVIDING SECTION 11 Any person,firm or corpo- ration who violates,disobeys, omits neglects or refuses to en enforcement of any of the pro- visions of this ordinance shall Tho sand Dollars($2,000.00) CITY 0for each offense. Each day ORIGINAL that a violation Is permitted to 6 6 7 N exist shall constitute a sepa- rate offense. PLEASE PAY 33.82 City of South lake SOUTHLsa Sandra rand TX 76092-8898 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth Star—Telegram, published by the Star—Telegram Inc . at Fort Worth , in Tarrant County, Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT FEB 07 6822290 'CL • 358 1X83 L 83 . 40 33. 20 Feb 7 1358 Legal Notices ORDINANCENO. O AN ORDINANCEF THE CITY OF SOUTH- LAKE TEXAS MAK- ING iT UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS GRASS, OR ANY / . PLANT THAT IS NOT REGULARLY CULTI- VATED TO GROW TO A HEIGHT GREATER /'' THAN TWELVE (12) SIGNED INCHES OR TO PER- ME RUBBISH ORN- f N'1 RUARY,1992 BSCRIBED AN OTHER OBJECTIO ORE ME , T IS TH AY 0 ABLE OR UNSIGHTLY ' MATTER UPON ANY NOTARY PUBLIC �C� W )(TIHINTHEOCITYRDE- (r�i.\"\�_Y' , T � \ NLARING A PUBLIC TARRANT COUNTY, TEXAS NUISANCE_; PROVID- ING FOR NOTICE OF VIOLATIONS;PROVID-• s.�<-✓tr-.•----�, ING FOR REMOVAL v.-,.v�+-� AND ABATEMENT S, y�c.o'"- THE CITY OF WEEDS, -�rµv ve,�' {�gTHRY J 1. SPENCER GRASS BRUSH n- �r PLANTS RUBBISH OR 1 �� OTHER OBJECTION- "2• •'#i CQIYIMISSION EXFtRE- - ABLE OR UNSIGHLY i PLACEMENTDOFHA 4//0.• c� )ANUARY 28, 1995 --- - - PRIVILE EDLIENON - - /h9r,••----t�•-' THE PROPERTY IN- i%, of-,- VOLVED. PROVIDING iv.z.: -- THAT THIS ORDI- NANCE FL OALCU- MULATIVE - DINANCES AND .,------1 SPECIFICALLY oaDl- RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT NANCE NO. 361• PRO- ITDINGASECLAUSIE PROVIDING FOR A PENALTY FOR VIOLA- REMIT TO : 400 W . SEVENTH , FW, TX 76102 TIONS HEREOF;PRO- VIDING PROVIDING fort Worti FOR OFFICIATION IN A�_�JI'i 1'G' Xq(4(9tU+KX444�X�(�PIiXjXl�(REXAC9bX1 2051 THE OFFICIAL NEWS PAP ER;ANDPROVID- egram ATE.N EFFECTIVE 0 6822290NUMBERACCOUNT CIT57 AMOUNT 33. 20 SECTION 11 DUE Any person,firm or corpo- ration who violates, --------- - omits ne9iects or refuses to 1 1 comply with or who resists the enforcement of any of the pro-- OF visions of this ordinance shall be fined not more than Two Thousand Dollars($2,000.00) for each offense. Each day that a violation Ispermittedto exist shall constitute a sepa- rate offense. PASSED IINSECONDREND AD NGTHIDS THE 4th day of February, 1992. Gary Fickes, CITY A>dEST:Srland, ORIGINAL 6 6 7 N Appro Secretary form: 33 . 20 E.Allen Taylor Jr., T X 7 6 0 9 2—8 8 9 8 THIS AMOUNT S O U T H l Cty Attorney PLEASE PAY ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED