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
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% 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