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0601 ORDIN OE NO. AN ORDINANCE PROVIDING FOR REQUIREMENTS FOR THE MOWING OF GRASS, WEEDS AND VEGETATION i%ND THE REMOVAL OF RUBBISH, BRUSH OR ANY OTHER OBJECTIONAL, UNSIGHTLY OR UNSANITARY MATTER FROM LOTS; PROVIDING NOTICE AND ABATEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN i THE OFFICIAL NEWSPAPER; AND PROVIDI/~G AN EFFECTIVE DATE~ '% WHEREAS, the city of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and :' WHEREAS, the City of Southlake has heretofore adopted ordinances and regulations prohibiting the growth of qrass, weeds and other vegetation in an uncultivated manner and the accumulation of rubbish, brush or any other objectionable, unsightly and unsanitary matter within the city of Southlake; and WHEREAS, the City of Southlake now deems it necessary to amend the regulations applicable to said conditions and to provide different methods for the giving of notice to person who are found to be in violation of the above ordinances and procedures for the abatement of said violations. NOW, THEREFORE, OF SOUTHLAKE, TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTION 1. DEFINITIONS For purposes of this ordinance, the include a firm, association, organization, company, or corporation, as well word "PERSON" shall partnership, trust, 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, 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 shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, old iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked or dismantled machinery, tractors, automobiles, and other similar wastes. 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 street, or allow or permit any rubbish, brush or any other objectionable, unsightly or unsanitary matter to accumulate or be present upon such property. Provided, however, for tracts of land f: \ f ilu~\muni\~ lake\ord J nanc\we~2. ~ 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, brush or any other objectionable, unsightly or unsanitary 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 often as may be necessary to comply with the provisions of 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, unsightly, and unsanitary, and is hereby declared a public nuisance. 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 shall be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner's post office address; or (3) If personal service cannot be obtained or the owner's post office address is unknown: (a) By publication at least twice within ten (10) consecutive days; (b) By posting notice on or near the front door of each building on the property to which the violation relates; or (c) By posting 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 having same done to the owner of such property as provided hereafter, in compliance with Section 342.001 et seq. Texas Health and Safety Code. The remedy provided in this Section is in addition to the remedy f: \ t k I e a \=ti n i\ a lake\ordlnanc\weed2, alad provided for in Section 7 of this ordinance. In the notice of a violation provided in Paragraph A above, the city 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 date of the notice, the city, without further notice, may abate the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this Paragraph 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 Section and assess the expenses as provided in Section 6 below. SECTION 6. The charges provided for in this ordinance shall be levied, assessed and collected by the City of Southlake. A statement of the costs 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 the 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 real estate on which the work was done, whereupon the Mayor shall file a statement with the County Clerk of the expenses incurred in the abatement of the above described condition and the f: \ { i I en\muni\~ lake\ordlnanc\we~2 - ~ City of Southlake shall have a privileged lien on any 10t or lots upon which such expenses were incurred, second only to tax liens and liens for street improvements. The lien statement shall state the name of the owner, if known, and the legal description of the property. Said privileged lien shall bear interest at the rate of ten percent (10%) per annum from the date the work was performed or payment therefore 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 amounts expended for any such work or improvement. 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 may be filed in the City Municipal Court or injunctive or other relief may be sought. For any property, one notice per year as provided in Section 5 of this ordinance shall b~ sufficient for the city to seek relief pursuant to this section. SECTION 8. 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 provisions of such ordinances are hereby repealed. Ordinance No. 536 is hereby repealed in its entirety. SECTION 9. 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 10. 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 11. Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 536, as amended, or any other ordinances affecting public health and sanitation, including dumping or refuse, which have accrued at the time of the effective date of this 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. SECTION 12. The City Secretary of the City of Southlake is hereby directed to 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 within ten days after passage Section 3.13 of the Charter of official city newspaper one time of this ordinance, as required by the City of Southlake. SECTION 13. 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 ~PPROVED · 1994. ON FIRST READING ON THIS / DAY OF ...--,~ .... ~ '..:~% % y .... ,,. %,,, * ~ ,.~,~'~ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS /~"~ % ........... '%", '~* *,,,"** CITY SECRETARY APPROVED AS TO FO~ AND LEGALITY: city Attorney Date: ~ ADOPTED: EFFECTIVE: ~ ]~/ ~/ DAY OF Worth Star-Telegram TH STREET•FORT WORTH,TEXAS 76102 SSTATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared PENNY GRAY 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 AD INVOICE NO DESCRIPTION j AD DI2I AMOUNT t FEB 04 2617753 CL . 358 1X53 L 53 . 43 22 .79 feb4 — NOTICE OF PUBLIC HEAR- ING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- cil of the City of Southlake, Texas,will be holding a public hearing during the Regular City Council meeting to be held on Februaryl5 1994 be- gglnningg at 7:00p.m.the meet- i Ing will be held In the Citv Council Chambers of City Hall,667 North Carroll Ave- nue, Southlake, Texas. The Ppuro ose of the publis hearing s to cons lder the fol Jowl ng or- dinance: ORDINANCE NO.601 , An Ordinance providing for S I G N E T requirements for the mowingli of grass weeds and vegeta- tion andtheremovalofrubb ARE ME , THIS THE 4th Y FEB. , 1 4 BSi I Ish,brushoranotheroblec- ill tional unsightly or NOTARY PU:LIC unsanitary matter from lots: // Providing notice and abate- ""�'� �(/ t ment procedures; Providing 0.-'• cumu ati oflalal Ordinances; EVINS #?• Providing a severablllty CJJ 'TIRRANT COU Y, TEXAS clause;Providing fora nal- _XPIRES ty for violations hereof;Pro- 3, i a„ vlding a savings clause Pro- t vlding for publication (n the w. official newspaper;And pro- A16"."- vldinTION 10.g anffe ective date. SEC Any person,firm,or corpora- tion who violoates,disobeys, )4 _________ omits neglects or refeses to - - - -- - -- - comply with or who resists the enforcement of any of the pro- visions of this ordinance shall be fined n thanot more than Two Thousand Dollars 42,000.00) for each offense. EEach day TEP thatavlolaflonispermlffedto 4TION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �� exist shall constitute a sepa- rate offense. City of Southlake Texas Sandra L.LeGrand City Secretary REMIT TO : 400 W . SEVENTH, FW , TX 76102 Fort - r-Tele ra F:E:M.,, :0: >. KX.XXX9XIX%XMAXXFX1X000)01-2051 6 g ACCOUNT NUMBER C I T 5 7 AMOUNT DUE 22 . 79 1 1 PAGE OF el CITY OF SOUTHLAKE 667 N CARROLL AVE 22. 79 SOUTHLAKE TX 76092-9595 PLEASE PAY ki THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTT-1 STREET•FORT WORTH,TEXAS 76102 4E STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared PENNY GRAY 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 I AD SIZE II IN,;H7IAiNF HAFt AMOUNT FEB 18 2624888 CL . 358 1X43 L 43 . 43 18 . 49 feb 18 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.601 An ordinance providing for reaulrements for the mowing of grass,weeds and vegeta- tion and the removal of rubb- ish,brush or any other oblec- - tlonal unsllghtly or unsanitary matter from lots; providing notice and apart- ment procedures; providing that this ordinance shall be cu- mulative of all ordinances; providing a severability / clause;providing for a penal- tyfor violation hereof;provid- ing a savings clause;provld- , Ing for publication in the official newspaper;and pro- SIGN E viding an effective date. SECTION 10. I UBSCRIBED ANl Anvperson firmorcorpora- ORE -- € THIS THE l t DAY ��-F FEB. 994 lion who violates, disobeys, NOTARY PL L C ./ , r ._ omits wel9thors or refuses to �(.(.(� comisionshorhis ordinance r 1 enforecement of any of the provisions of this ordinance LEV�NS OA shaobThousnod Dollhan J TARRANT COLNTY, TEXAS lr Two Thousand Dollars EXPIRES(52,000.00) for each offense. 4A Each day that a violation is - — permitted to exist shall consi- 13, 1997 tute a separate offense. / aPassed dndg at pdpurronvge dt o Ccy- Council meeting held on Feb- ruary 15 1994 Mayor,Gary Fickes Attest: Sandra L. LeGrand, City Secretary Approved as to form;City At- torney,E.Allen Taylor Jr. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT.• REMIT TO : 400 W . SEVENTH , FW , TX 76102 NEWT;'G: !o. t FXCX XcXxXlik5X X VcX3XX(XpXX XIXIY7XX1-2051\ For th Star-Telegram ACCOUNT (ITS? AMOUNT 18. 49 NUMBER DUE 1 1 PAGE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE 18. 49SOUTHLAKE TX 76092-9595IPLEASEPAY , THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED