HomeMy WebLinkAbout1970-0699 - Ordinance - 09/28/1970ORDINANCE NO. 699
AN ORDINANCE REQUIRING WEEDS AND GRASS TO BE CUT UPON PREMISES AND
THAT RUBBISH AND TRASH BE REMOVED THEREFROM; AND FIXING A PENALTY
FOR FAILURE TO COMPLY WITH SUCH ORDINANCE, AND PROVIDING THAT SAME
SHALL BE DONE BY THE CITY IN THE EVENT OF SUCH FAILURE, AND PROVIDING
FOR THE FIXING OF A LIEN UPON THE PROPERTY FOR THE EXPENSE INCURRED
IN REMOVING AND DECLARING THAT ALLOWING WEEDS TO GROW AND TRASH AND
RUBBISH TO ACCUMULATE TO BE A NUISANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
Section 1. 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.
Section 2. Same - Accumulation of 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.
Section 3. Same - Weeds and other unsightly vegetation.
It shall be unlawful for any person owning, claiming, occupying, or having
supervision or control of any real property within the city to permit weeds, brush or
any objectionable or unsightly vegetation to grow to a greater height than twelve (12 )
inches upon any such real property withiii one hundred (100) feet of any property line
or within fifty (50) feet of any structure. 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
the matter referred to above. All vegetation not regularly cultivated which exceeds
twelve (12) inches in height shall be presumed to be 'objectionable and unsightly",
within the meaning of this section.
Section 4. Obstruction of View of Traffic by Trees, Shrubs, etc.
Trees, shrubs, bushes, plants, grass or weeds growing at or near inter-
sections 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.
Ordinance No. 699
Section 5. Notice to correct or remove condition.
Page 2
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
article, the city may notify such person of his failure to comply and direct him to correct,
remedy, or remove such condition within ten (10) days after such notice. Such notice
shall be sent to the person at his post office address by regular mail. If the person's
address is unknown or if notification may not be obtained by letter, then notice may be
given by publication in any two (2) issues within ten (10) consecutive days in any daily,
weekly, or semiweekly newspaper in the city. It shall be unlawful for any person to
fail or refuse to comply with such notice.
Section 6. Correction or Removal of Condition by City.
If any person notified as provided in Section 5 fails or refuses to correct,
remedy or remove the condition specified in such notice within ten (10) days after the
date of notification by letter or within ten (10) days after the date of the second publication
of notice in the newspaper, 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 section 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 day of the month following the one in which the work was done, the city shall
file with the county clerk a statement of the expense incurred. When such statement is
filed, the city shall have a privileged lien on such property, second only to tax liens and
liens for street improvements, to secure the payment of the amount so expended. Such
amount shall bear interest at the rate of ten per cent (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 Article 4436, Vernon's Annotated Texas Civil Statutes,
which is hereby adopted.
Section 7. Repeal and Date of Effect.
Ordinance No. 67 and all ordinances and parts of ordinances in conflict with
this ordinance are hereby repealed, and this ordinance shall be in full force and effect
immediately upon its adoption and its publication.
PASSED AND APPROVED this 28th day of September, 1970.
(--APPROVED:
d" 611
Mayor
4ATT ST:
Ci Secretary 01343
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