HomeMy WebLinkAboutOrdinance No. 2010-45 / (Title: An ordinance amending Article IV of Chapter 26 — Environment of the Code of
1 Ordinances of the City of Friendswood by adding certain provisions and making certain
text changes thereto, and•providing for other matters relating to the subject.)
ORDINANCE NO.2010-45
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER
26 — ENVIRONMENT BY ADDING CERTAIN
PROVISIONS AND MAKING CERTAIN TEXT CHANGES
THERETO BY ADDING THE TERM "GRASS" TO THE
DEFINITION OF "WEEDS," DECLARING A NUISANCE
TO EXIST WHEN GRASS AND WEEDS GROW TO A
HEIGHT IN EXCESS OF TWENTY-FOUR INCHES (2419)
LESS THAN FIFTY FEET (50') FROM ADJACENT
PROPERTY OR A RIGHT-OF-WAY ON UNCULTIVATED
LAND, ALLOWING THE CITY TO ABATE NUISANCES
UNDER THIS ARTICLE BY NOTICE PROVIDED IN
ACCORDANCE WITH STATE LAW, AND AUTHORIZING
THE CITY TO CONTRACT WITH THIRD PARTIES TO
ABATE ANY NUISANCES UNDER THIS ARTICLE;
PROVIDING A PENALTY OF AN AMOUNT NOT TO
EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
x * + x * x
WHEREAS, Chapter 342 of the Texas Health and Safety Code provides that a
municipality may require the owner of a lot in the municipality to keep the lot free from weeds,
rubbish, brush and other objectionable, unsightly or unsanitary matter and may punish an owner
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or occupant who violates an ordinance governing this subject matter; and
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WHEREAS, the City of Friendswood Community Development Department has
determined that certain provisions need to be added, and certain text changes need to be made, to
Article IV of Chapter 26—Environment of the Code of Ordinances; and
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WHEREAS, said provisions and text changes are necessary to provide additional
protection of the health, safety and general welfare of the residents of Friendswood and the
general public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD, STATE OF TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood is hereby amended by
adding the word Grass to the title of Article IV of Chapter 26 of the Code of Ordinances, the
amended title to read as follows:
"ARTICLE IV—GRASS.WEEDS,BRUSH,RUBBISH"
Section 2. The Code of Ordinances of the City of Friendswood is further amended by
deleting from Section 26-105 the language shown below in brackets and struckthrough
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
(added), with the new Section 26-105 to read as follows:
"See. 26-105. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Any and all other objectionable, unsightly or unsanitary matter or conditions of
whatever nature means and includes all cultivated and uncultivated vegetable
growth, objects, [and] matter[s], and conditions not included within the meaning
of the other terms defined in this section, which are liable to produce or tend to
produce an unhealthy, unwholesome, unsightly or unsanitary condition to the
premises within the general locality where the same are situated, and shall also
include any species of ragweed or other vegetable growth which might or may
tend to be unhealthy to individuals residing within the general locality of where
the same are situated.
Brush means and includes all trees or shrubbery under seven feet (71) in height
which are not cultivated or cared for by persons owning or controlling the
premises.
Rubbish means and includes all refuse, rejected tin cans, old vessels of all sorts,
useless articles, discarded clothing and textiles of all sorts, and in general all
[litter] non-decayable waste and all other things usually included within the
meaning of such term.
Ord.2010-45 2
Grass or Weeds means and includes all cultivated and all rank and uncultivated
vegetable growth or matter which has grown to more than nine inches M) in
height or which, regardless of height, is liable to become an unwholesome or
decaying mass creating an unsanitary condition or a harborage or breeding
place for mosquitoes, rodents, or vermin, or other disease-carrying pests.
Provided, however, [weeds] this definition shall [net] be deemed to not include
cultivated and uncultivated vegetation on property for which an agricultural
exemption has been issued for ad valorem tax purposes by the appraisal district of
the county in which such property is located if such cultivated or uncultivated
vegetation does not violate section 26-106(b).
Section 3. The Code of Ordinances of the City of Friendswood is further amended by
deleting from Section 26-106 the language shown below in brackets and struckthrough
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
(added),with the amended Section 26-106 to read as follows:
"Sec.26-106. Public nuisance declared.
(a) Whenever grass, weeds, brush, rubbish and all other objectionable,
unsightly and unsanitary matter of whatever nature shall exist, covering or partly
covering the surface of any lot or parcel of [-gal-estate] land situated within the I
city, or when any such lot or parcel of[real-estate] land, as aforesaid, shall have
the surface thereof filled or partly filled with holes or be in such condition that
such lot or parcel of [-ems^ ] land holds or is liable to hold stagnant water
therein, or, if from any other cause, such lot or parcel of [real-estate] land shall
be in such condition as to be liable to cause disease or produce, harbor or spread
disease germs of any nature or tend to render the surrounding atmosphere
unhealthy, unwholesome or obnoxious, such lot or parcel of [real-estate] land
shall constitute and is hereby declared to constitute a public nuisance. The prompt
abatement of such nuisance is hereby declared to be a public necessity. Such lot
or parcel of [Fe�tate] land, in addition to the grounds within its respective
boundaries, shall be held to include, but shall not be limited to: 1) all lots or
parcels of [greund] land lying and being adjacent to and extending beyond the
property line of any such lot or parcel of [renal-estate] land to the curbline of
adjacent streets[-d where a curbline has been established[,] or to the edge of
pavement where no curbline has been established on adjacent streets[,]; [and]
2)[alse] to the center of adjacent unimproved rights-of-way and alleys: and 3
the area between a fence, wall or barrier and within any abutting drainage
channel easement to the top of such channel closest to the property.
Nb,, With respect to uncultivated agricultural properties or tracts of land
that contain no structures used or designed for human occupancy for
residential or commercial purposes, a nuisance is not declared until grass
and weeds grow to a height greater than twenty-four (24) inches within fdty
Ord.2010-45 3
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(50) feet from any adiacent property under different ownership or from any
street right-of-way. However, on cultivated properties where the distance
between the growing crop and abutting property under different ownership
or from a street right-of-way is less than fifty (50) feet, a nuisance is not
declared until grass and weeds and-Imush grow to a height greater than nine
9 inches.
[(b)] (c) It is unlawful for any person to permit or allow any weeds, filth or
rubbish of any kind to remain on any sidewalk in front of or at the side of any
premises owned by such person, or in the street, to the middle of, in front of or at
the side of any premises owned or controlled by such person, or upon any alley or
drainage easement that may be [at the rear or side 1 adjacent to any lots
owned or controlled by such person."
Section 4. The Code of Ordinances of the City of Friendswood is further amended by
deleting from Section 26-126 the language shown below in brackets and struckthrougli
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([deleted]) and by adding thereto the language shown below as underscored and boldfaced
(added), with the amended Section 26-126 to read as follows:
"Sec.26-126. Required; notice to property owner.
Whenever the existence of any nuisance, as described in this article, on any lot or
parcel of f'" ) land situated within the city shall come to the knowledge of
the city manager or his/her designee, and the city intends to utilize the
subsequent provisions of this article to correct or remove the condition and
assess the cost against the propertyJA `•hall be was duty to ^•*hw t'' ^ ] a
notice identifying such property [to] shall be issued to the person owning such
property to correct, remedy or remove the condition within ten (10) calendar
days after such notice and it shall be unlawful for any person to fail to
comply with such notice. The notice shall be given personally to the owner in _
writing, by letter addressed to the owner at the owner's address as recorded in the
appraisal district records of the appraisal district in which the property is located,
or, if personal service cannot be obtained, then by publication at least [W&-e] one
1 time [••••thin ten eanseetitive day in a newspaper of general circulation
within the city, 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. The notice shall direct the abatement of such nuisance by
[grabbing ing and reineving weeds, 1... sh ....1.1 ish or other obj eetien ble till
or- unsanitai5, matter of whatever ..t.... as the ease may be b filling�f f - in,
d .,.. leveling o ot1.eFA,i.^ regulating s +
ch lot o eel of.eal estate s s to
a
prev
et st.,,..•a t water standing a,e_een,] a method or methods appropriate for
such nuisance and within [ten] ten (10) calendar days from the service of such
notice. The notice shall further state that, in default of the performance of the
conditions required by this section, the city may issue a citation or a series of
Ord.2010-45 4
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citations to effect the nuisance abatement, or, at the city's discretion, at once
cause the work to be done and pay therefor and charge the cost and expense
incurred in doing or having such work done, or improvements made, to the owner
of such property, and fix a lien thereon as provided in this article.
If the City mails a notice to a property owner 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 as delivered.
In a notice provided under this article, the City will include in said notice
that if the property 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 of the date of the notice, the City without further notice
may correct the violation at the property owner's expense and assess the
expense against the property. If a violation covered by a notice under this
section occurs within the one-year period, and the City has not been
informed in writing by the property owner of an ownership changes, then the
City without notice may take any action permitted in this section and assess
its expenses as hereinafter provided."
Section 5. The Code of Ordinances of the City of Friendswood is further amended by
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deleting from Section 26-127 the language shown below in brackets and struckthrough
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
added , with the amended Section 26-127 to read as follows:
"Sec. 26-127. Abatement by city.
In the event of the failure, refusal or neglect of the owner or occupant of any
premises or property to cause a nuisance to be removed or abated in the manner
and within the time provided in section 26-126 after the issuance of a citation or
a series of citations, it shall be the duty of the city manager or his/her designee
to cause the grass, weeds, brush, rubbish or other unsanitary matter or condition
constituting a nuisance to be promptly and similarly abated, in a reasonable and
prudent manner, at the expense of the city. The city manager or his/her [duly
authorized represerAative] designee shall carefully compile the cost of such work
done and improvements made in abating such nuisance and shall charge such
costs against the owner of the premises."
Section 5. The Code of Ordinances of the City of Friendswood is further amended by
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deleting from Section 26-128 the language shown below in brackets and struckthrough
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
added),with the amended Section 26-128 to read as follows:
Ord.2010-45 5
"Sec. 26-128. Costs of abatement; filing of lien.
The city council hereby finds and declares that the general overhead of
administrative expenses incurred from inspecting, locating the owner, issuing
notice, issuing citations, reinspecting, ordering work done, and submission of
billing, together with all necessary incidents of same, require a reasonable charge
established by resolution and printed in [a]Appendix D to this Code for each lot,
tract or parcel of land, and such charge is hereby established and declared to be an
expense of such work and improvement. In addition, if the city files a lien against
such lot, tract or parcel of land to secure payment for such abatement as provided
in this article, an additional charge of not less than $50.00 shall be added to
reimburse the city for its expense in causing the preparation and filing of such
lien, such expense hereby being found and determined by the city council as
representing the actual cost to the city in having such service performed."
Section 6. The Code of Ordinances of the City of Friendswood is further amended by
deleting from Section 26-129 the language shown below in brackets and struckthrough
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
(added),with the amended Section 26-129 to read as follows:
"Sec.26-129. Statement of expenses; institution of lien.
After receiving from the city manager or his/her designee a compilation of the
cost of the work done pursuant to this article and after charging the expenses
against the owner of the premises, the mayor shall certify a statement of such
expenses and the city secretary shall file such statement with the county clerk of
the county in which such property is located. Upon the filing of such statement
with the county clerk, the city shall have a privileged lien upon the land described
therein and upon which the improvements have been made, second only to tax
liens and liens for street improvements, to secure the expenditure so made, and
ten percent interest on the amount from the date of such payment. For any such
expenditures and interest, as aforesaid, suit may be instituted by the city attorney
and recovery and foreclosure had in the name of the [
the] city; and the statement so made, as aforesaid, or a certified copy thereof, shall
be prima facie proof of the amount expended in any such work or improvements.
Upon payment of the full charge assessed against any property, pursuant to the
procedure set forth in this section, the mayor shall be authorized to execute, for
and in behalf of the city, a written release of the lien mentioned in this section,
such written release to be on a form prepared and approved in each case by the
city attorney."
Section 7. The Code of Ordinances of the City of Friendswood is further amended by
deleting from Section 26-130 the language shown below in brackets and struckthrough
Ord.2010-45 6
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
(added), with the amended Section 26-130 to read as follows:
"Sec. 26-130. City may contract for abatement.
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The city shall have the right to award any quantity of work authorized under
section 26-127 to a general contractor whose bid shall be accepted by the
community development department, or if the amount exceeds $50,000, by
the city council as the lowest and best secured bid for the doing of the work
mentioned in this article [during a stipulated time not to exeeed one a ] "
Section S. The Code of Ordinances of the City of Friendswood is further amended by
adding to Section 26-132 the language shown below as underscored and boldfaced added , with
the amended Section 26-132 to read as follows:
"Sec. 26-132. Preparation and mailing of notices and bills.
All notices to cut grass, weeds or brush or to abate any nuisance under this
article, and all statements evidencing costs to the city of cutting weeds or
abatement of nuisances, upon the failure, refusal or neglect of the owner to cut
grass, weeds or brush or to abate the nuisance after having been notified to do
so, as well as all other clerical work incident to enforcement of the provisions of
this article, shall be prepared and mailed by the city manager or his/her
designee."
Section 9. The Code of Ordinances of the City of Friendswood is further amended by
deleting from Section 26-132 the language shown below in brackets and struckthrough
([deleted]) and by adding thereto the language shown below as underscored and boldfaced
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added , with the amended Section 26-132 to read as follows:
"Sec. 26-134. Penalty for failure to abate nuisance.
Any owner, lessee or occupant, whether a natural person or a corporation, or any
agent, servant, representative or employee of any such owner, lessee or occupant,
including any person having ownership, occupancy or control of any premises or
lot or parcel of [Few] land or any part thereof, or any interest therein, or
improvements thereon, situated within the limits of the city, on which there exists
any nuisance, as described in this article, who shall intentionally, knowingly,
recklessly or with criminal negligence allow or permit any such nuisance to be
created, or to remain and continue if created and established, or who shall fail,
refuse or neglect to remove or abate such nuisance by one of the methods
provided in this article or otherwise regulating such premisesi so as to prevent
such a nuisancei within ten (10) calendar days from the date of service of notice
thereof as provided for in this article, shall[, upon eenviefienthereof] be
] deemed guilty of a misdemeanor and, upon
Ord.2010-45 7
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conviction, shall be fined in an amount not to exceed $2,000. Each day of
violation shall constitute a separate offense."
Section 10. All ordinances that are in conflict with the provisions of this ordinance
shall be, and the same are hereby repealed and all other ordinances of the City of Friendswood
not in conflict with the provisions of this ordinance shall remain in full force and effect. In the
event any clause, phrase, provision, sentence or part of this ordinance or the application of the
same to any person or circumstances shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this
ordinance as a whole or any part of provision hereof other than the part declared to be invalid or,
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional,whether there be one or more parts.
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PASSED AND APPROVED on first reading this 6th day of December, 2010.
PASSED, APPROVED AND ADOPTED on second and final reading this 10`h day
of January,2010.
David J. H. Smith
Mayor
ATTEST: �F WEND&
o
u v
Melinda Welsh,TRMC * t
City Secretary
sTgTF OF
Ord.2010-45 8
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