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