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Home My WebLink AboutORD 1972-006 t : ORDINANCE N0. 72-6 WEED ORDINANCE - AN ORDIN.ANCE AMENDING TI':�LE 7, CHAPTER 6 OF THE CITY CODE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR THE FILLIlVG UP AND DR.AINAGE OF LOTS THAT SHALL HAVE UN- WHOLESOME PLACE OR PLACES WI�RE STAGN.ANT WAT ER MAY ACCUMULATE THEREON; THE CLEANING OF ANY �"""" BUILDING OR PREMISES OF FILTH, CARRION, OR OTHER ? IMPURE AND UNWHOLESOME MATTER: REQUIRING OWNERS � OR OCCUPANTS OF LOTS IN THE CITY OF GRAPEVINE TO �� KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR INSANIT.ARY MATTER; PRO- VIDING FOR NOTICE TO BE GIVEN TO OWIVERS OR PRE- MISES IN CASE OF FAILURE OF OWNER TO N1AKE LOTS AND/OR PREMISES SANITARY AND SIGHTLY THA.T THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF GRAPEVINE; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT; PROVID- _ ING FOR A PENALTY; AND PROVIDING FOR A SEVERA- BILITY CLAUSE. WHEREAS, it is deemed by the City Council of the City of Grapevine, Texas, that it is dangerous to the public health for lots in the City of Grapevine to have places thereon where stagnant water may accumulate and for filth, carrion or other impure and unwholesome matter to accumulate on lots in said city and that it is dangerous to public health and constitutes a fire hazard to have weeds, brush, rubbish, and other unsightly and insanitary matter on lots in the City of Grapevine; and � WI�REAS, it is expressly provided by the provisions of Article 4436, Revised Civil Statutes of Texas, that cities shall have the power to correc� the evils hereinbefore recited. � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION l. That it shall be unlawful for any person, firm or corp- oration who shall own or occupy any lot or lots in the City of Grapevine, Texas, to permit or allow holes or places on said lots where water may accumulate and become stagnant, or to permit same to remain. SECTION 2. It shall be unlawful for any person, firm or corpora- tion� who shall own or occupy any lot or lots in the City of Grapevine, Texas to permit or allow the accumulation of stagnant water thereon, or to permit same to remain. SECTION 3. It shall be unlawful for any person, firm or corpora- tion who shall own or occupy any house, buildings, establishment, lot or yard in the City of Grapevine to permit or allow any carrion, fiTth or other impure or unwholesome matter to accumulate or remain thereon. .�; SECTION 4. It shall be unlawful for any person, firm or corpora- tion who shall own or occupy any lot or lots in the City of Grapevine, Texas, to allow weeds, grass or plants to grow above the heights of twelve inches (12��) , brush or any other unsightly, objectionable or insanitary matter to accumulate on said lot or lots. SECTION 5. Should any owner of such lot or lots that have places thereon where stagnant water may accumulate and/or which are not properly drained, or the owner of any premises or building upon which carrion, filth or other impure or unwholesome matter may be fail and/or refuse to drain and/or fill the same lot or lots, or remove such filth, carrion or other impure or unwholesome matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his postoffice address or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Tarrant County, Texas, if personal service, may not be had as aforesaid, or if the owner's address be not known; then in that event, the City of Grapevine, Texas, may do such filling or drain- � ing, �r removal of filth, carrion, etc. , or any other unsightly, � objectionaf�:�_e or insanitary matter, or cause the same to be done and may pay therefore and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate, and if such work is done or improvements made at the expense of the City of Grapevine, Texas, then such expense or expenses shall be assessed on the real estate, or lots upon which such expense was incurred. SECTION 6. Should any owner of any lot or lots within the City of Grapevine, Texas, who shall allow weeds_, grass or plants to grow above the height of twelve inches (12��) , rubbish, brush or any other unsightly, objectionable or insanitary matter to accumulate thereon, fail and/or refuse to cut down and/or remove such weeds, grass, rubbish, brush or other unsightly, objectionable or in- sanitary matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his post office address, or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Texas, may do such cutting down and/or remov- ing such weeds, rubbish, brush or any other unsightly, object- ionable or insanitary matter, or cause the same to be done and may pay therefore, and charge the expenses incurred :in doing �.••�• such work or having such work done or improvements made to the owner of such lot or lots or real estate; and, if such work is done or improvements made at the expense of the City of Grapevine, � Texas, then such expenses shall be assessed on the real estate, or lot or lots upon which such e�ense was incurred. SECTION 7. The Mayor or City Health Officer of the City of Grape- vine shall file a statement of such expenses incurred under Section 5 or under Section 6 of this ordinance, as the case may be, giving the amount of such expenses, the date on which said work was done or improvements made, with the County Clerk of Tarrant County, Texas: and the City of Grapevine, Texas, shall have a privileged lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of said Article 4436, Revised Civil Statutes of Texas, which said lien shall be second only to t� liens and liens for street improvements; and said amount shall bear ten per cent interest from the date said statement was filed. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City of Grapevine, Texas; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements . � �' � SECTION 8. Any person, firm or individual who shall violate any of the provisions of this ordinance shall be guilty of a misde- meanor, and upon conviction shall be fined in any sum not exceed- ing Two Hundred Dollars (�200) , and each and every day's violation shall constitute a separate and dist�nct offense, in case the owner or occupant of any lot, lots or premises under the pro- visions of this ordinance shall be a corporation, and shall violate any provision of this ordinance, the president, vice- president, secretary, treasurer of such corporation, or any ,�, manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided. SECTION 9• That if ariy part of this ordinance is, or should be �� held invalid for any reason, then that fact shall not invalidate the entire ordinance, but the balance thereof shall remain in full force and effect. SECTION 10. All other ordinances or parts or ordinances in con- flict with this ordinance are hereby repealed by this ordinance. PASSED AND APPROVED ON FIRST READING THIS THE lst day of FPh ri�a r3� A.D. � 19�_. PASSED AND .APPROVED ON SECOND READING THIS THE 15th day of February , A.D. 19 72 � , � - � APPROVED: :"� ... , . �_ � � .� �''�", , /- Mayor �' ATTEST: ��=��''/��.{ fL.�-<=� , City Secretary APPROVED AS TO FORM: .,. . �� ; . . . f<, __,. �.t ;: City Attorney