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HomeMy WebLinkAbout2002-2592 - Ordinance - 11/21/2002ORDINANCE NO. 2592 AN ORDINANCE AMENDING CHAPTER 7 SECTION 1, "STAGANT WATER, TRASH, GRASS, ETC.", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING IN ITS ENTIRETY AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1' That Chapter 7, Section 1, "Stagnant Water, Trash, Grass, etc.", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 21st day of November, 2002. ATTEST: APPROVED: Ron SilviaflVl~,or Cofinie Hooks; City Secrefiffy- APPROVED: City Attorney o/group/legal/ordinances/chap 7 sec I weeds doc Ordinance No. 2592 Page 2 EXHIBIT "A" That Chapter 7, "Health and Sanitation", Section 1, "Stagnant Water, Trash, Grass, etc.", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, in its entirety, as set out hereafter to read as follows: SECTION 1: STAGNANT WATER, TRASH, GRASS, ETC. A. PROHIBITED CONDITIONS DESIGNATED - STAGNANT WATER It shall be unlawful for any person who owns or occupies any lot in the City to permit or allow holes or places where water may accumulate and become stagnant to be or to remain on such lot or to permit or allow the accumulation of stagnant water thereon or to permit the same to remain thereon. PROHIBITED CONDITIONS DESIGNATED - ACCUMULATION OF Co TRASH, CARRION, FILTH, ETC. It shall be unlawful for any person who owns or occupies any house, building, establishment, lot, or yard in the City to permit or allow any trash, rubbish, carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon or therein. PROHIBITED CONDITIONS DESIGNATED - WEEDS AND OTHER UNSIGHTLY VEGETATION It shall be unlawful for any person owning, claiming, occupying, or having super- vision or control of any real property within the City to permit weeds, brush, or any objectionable or unsightly vegetation to grow due to lack of vegetation management upon any such real property. It shall be the duty of such person to keep the area from the line of his property to the curb line adjacent to it free and clear of matter referred to above. Objectionable or unsightly vegetation includes all weeds and grasses that exceed twelve inches (12") in height. Exempted from the provisions of this subsection are the following: (1) State highway rights-of-way. (2) Agricultural areas, agricultural meaning crop production and/or grazing. (3) Heavily wooded areas filled with uncultivated underbrush. (4) The cultivation of concentrated wildflox~ ers fi'om March 1 until June 15 of each year in areas where grasses and weeds do not exceed eighteen inches (18") in height. (5) Areas that are zoned A-O or A-OR. o/group/legal/ordinances/chap 7 sec I weeds doc Ordinance No. 2592 Page 3 Notice. In the event that any person owning, claiming, occupying, or having supervision or control of any real property permits any condition to exist thereon in violation of this section, the City may notify the owner and occupant of such property of the failure to comply with this section and direct the owner and occupant to correct, remedy, or remove such condition within seven (7) days at~er such notice is received. Such notice shall be sent to the occupant at the post office address of the property and to the owner at the post office address as recorded with the Brazos County Appraisal District by United States Mail. If personal service cannot be obtained notice may be given by: publication at least once; 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 City mails a notice to the owner or occupant in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed", the validity of the notice is not affected and the notice is considered delivered. The City in said notice of a violation may inform the owner and occupant by regular mail and posting notice on the property, or by personally delivering the notice, that if another violation of the same kind or nature that poses a danger to the public health and safety occurs within six (6) calendar months of the date of the notice, the City without further notice may correct the violation at the owner's expense and assess the expenses against the prope~y. If a violation covered by a notice under this subsection occurs within the six (6) month period, and the City has not been informed in writing of an ownership change, then the City may take any action permitted under this section and assess its expenses as provided herein. If, however, the City is informed in writing of a change of ownership within the six (6) month period and a violation of this section occurs, the City shall notify the new property owner of the violation and take such other steps as are provided in this section. OBSTRUCTION OF VIEW OF TRAFFIC BY TRFES, SHRUBS, ETC. Trees, shrubs, bushes, plants, grass, or weeds grow;ng at or near intersections in such manner as to obstruct the view of approaching traffic from the right or left are hereby declared to be a nuisance, and the City Manager is hereby authorized to remove the same. CORRECTION OR REMOVAL OF CONDITION BY CITY If any person notified as provided in subsection C fails or refuses to correct, remedy, or remove the condition specified in such notice within seven (7) days after the date of notice by letter or within seven (7) days after the date of publication of notice in the newspaper, the posting of the notice on or near the front door of each building on the property to which t',¢ violation relates, or the posting of the notice on a placard attached to a stake driven into the ground on the o/group/legal/ordinances/chap 7 sec I weeds, doc Ordinance No. 2592 Page 4 property to which the violation relates, the City may go upon the property and do such work or make such improvements as are necessary to correct, remedy, or remove such condition. The expense incurred pursuant to this subsection in correcting the condition of such property, and the cost of notification shall be paid by the City and charged to the owner of such property. In the event that the owner fails or refuses to pay such expense within thirty (30) days after the first (lst) day of the month following the one in which the work was done, the City shall file with the Brazos County Clerk a statement of the expenses incurred. Such statement shall state the name of the owner, if known, and a legal description of the property. From the date the statement is filed, the City shall have a privileged lien on such property~ second onl,' to tax liens and liens for street improvements, to secure the payment of the tttnount so expended. Such amount shall bear interest at the rate of ten percent (10%) from the date the City incurs the expense. For any such expense and interest, suit may be instituted and recovery and foreclosure had by the City. The statement of expense filed with the County Clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, all as more particularly specified in Chapter 342, Vernon's Annotated Texas Civil Statutes, which is hereby adopted." o/group/legal/ordinances/chap 7 sec I weeds doc