HomeMy WebLinkAboutOrdinance No. 85-17 ORDINANCE N0. OJ�17 � •
AN ORDINANCE AMENDIr�G THE FRIENDSWOOD CITY CODE BY
STR.IKING THEREFROM ALL OF SECTION �-3R AND 8-41 AND
SUBSTITUTING A NEW SEGTION 8-39; PROVIDING A MINIMUM
CHARGE QF $50.00 FOR ADMINISTRATIVE EXPENSES INCURRED
IN THE ABATEMENT OF nTUISAPdGES PURSUANT TO ARTICLF III
OF CHAPTER 8 OF SAID CODE; PROVIDING OTHER MATTERS
RELATED TO THE SUBJEGT; AND PROVIL�ING FOP. SEVERABILITY.
� � �r � �
BE IT ORDAINEB RY THE CITY COUNCIL CF THE CITY OF F1�IEr1DS�J00D,
STATE OF TEXAS :
Section 1 . The Frienc?swood Ci.ty Code is hereby amer�ded by
striking all of_ Section S-3Q, which provides as follows :
[Sec. 8-39. Abatement by city �enerally, mir.imum
charge ; institution of lien.
In the event of the failure, refusal or neglect
of the owner or occupant of any premises or property
to cause such nuisance to be removed or abated in the
manner and within the time provided in section 8-38 of
this article, it sha1Z tae the duty of the city manager
to cause the weeds, brush, rubbish or other i_nsanitary
matter or condition constituting a nuisance, to be
promptly and similarly abated, in a reasonable and
prudent m.anner, at the expense of the city. The city
manager or his duly authorized representative shall
carefully compile the cost of such work done and
improvements made in abating such nuisance and shall
char�e the same against the owner of the premises.
The city council hereby finds and declares that
general overhead of administrative expense of inspec-
tion, locating owner, issuing notice, reinspection and
ordering work done, together with all necessary inci-
dents of_ same, rec�uire the reasonable charge of twenty-
five ($2S.G�Q) for each lot, series of two (2) or more
ac�jacent anc� contiguous lots, or tract or parcel of
acreage, anc? suc}� mini.mum charge is hereby estaUlished
anci c�ecla.rec� to he an expense of such work and
improvement . Notwithstanc�in� , theref.ore , any tabu-
Zation of recorded cost, a minimum charge of twenty-
five ($25.Q0) i_s hereby expressly stated to be a mini.-
mum only anc� shall have no applicati_on when the tabu-
latec� cost of the work �1one shall exceed such minimum
charge. After receiving from the city mana�er a
compilAtion o£ the cost of the work an.d after charging
the same against the owner of tr,e premises, the mayor
shall certify a statement of such expenses and shall
file the same with the county clerk of the county in
which such property is located . Upon filing such
statement with. the county clerk, th:e city shall have a
privileged lien upon th.e land described therein and
upon whi.ch the inprovements ha.ve been made, second
only to tax liens and liens for street improvements,
to secure the expenditure so made, and ten per cent
(10%) interest on the amount from the date of such
payment . For any such expenditures and interest, as
aforesaid , suit may l�e instituted by the city attorney
and recovery and foreclosure had in the name of the
municipal corporation of 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 �aork or improvements. Upon payment of the
full charge assessec� against any property, pursuant to
the procedure hereinabove set forth, the mayor shall '
be authorized to execute, £or and in behalf of the
city, a written release of th.e lien heretofore r�en-
tioned, such written release to tae on a form prepared
and approved in each case by the city attorney. ]
and �ubstituting therefor the £ollowing :
Sec . $-39. Abatement by city generally; m.inimu�n
char�e ; institution of �ien.
In the event of the failure, refusal or ne lect
of th� owner or occu ant o an prem�ses or ro ert
to cause suc nuisance to e removed or a ate �.n t e
manner and wit in the t�_�e provic]ec? in seetion �- of
this arti.cle, it shall be the dut of the cit mana er
to cause t e wee s, n�s , ru is or ot er insanita
matter o r conc�ition constitutin a nuisance, to be
promptly anc� si_milarly a ated, in a reasonable and
prudent manne r, at the expense of the city. The city
m�a_�na��e_r or is duly authorized representative shall
care�l�ompile the cost o suc wor��done and
improvements made in abating such nuisance and shall
charge tY�e same against the owner of the premises .
The city council hereby finds and declares that
general overhead of administrative expense of inspec-
tion, locating owner, issuing notice, reinspection and
orderin wor done, to ,ether with all necessa inci-
dents o same, re uire the reasonable c ar e o fift
or eac lot , series of two or mare
adjacent and�� ��_c�_o_ nti_�uous lots , or tract or parcel of
acrea e, and suc�minzmum c ar e is ere esta�lis ed
and declared to be an exr�ense o suc work and
improvement . Notwith.standing, therefore, any tabu-
I.ation of recorded cost , a mznimum c r e o i -t
is .ere ex ress stated to e a m.�nimum
an y an s a _ave no app lcation w en t e ta u ated
cost of tre wor� done shall exceed such minimum
c a rge . ter receiving rom t .e c ity raana e r a.
com ilati_on of the cost of the work and afte r cha r in
tt�e same a ainst th.e owner o the remises, t e ma or
s a certi y a statement o suc expenses an s a
file the same with t�;e count clerk of the count in
w .ic suc property is ocated . Upon ilin suc
statement with the count clerk, the cit shall have a
privile ed l�en upon the land descri ed therein and
upon w��i the improvements have been made, second
only to tax liens and liens for street irnprovements,
to secure the ex enditure so made, and ten er cent
1 o interest on the amount from the date of sucYa
payment . For any such expenditures and interest, as
aforesaid , suit may be instituted by the city attorney
and recove and foreclosure ha.d in the name of the
munici al co oration of t e cit ; and t e statement
so ma e , as a oresaid , or a certi ied co t ereo ,
shall be prima facie proof of the amount expended in
an such work or improvemens. Upon ayment of the
�u�l c arge assessed against any property, ursuant to
the rocedure hereinataove set forth the ma or shall
e aut orize to execute, or an in e a o t e
cit , a written release of the lien heretofore men-
tioned , such written release to e on a f_orm re ared
an approve . �n eac case y t e ci.ty attorney.
Section 2. The Fri.ends��ood City Code is hereby amended by
striking th�refrom. all of Section �-41 , which. provides as
follows :
-2-
[Sec . �-41 . Removal of weeds by city at request •
of. property owner; fee .
Any owner of vacant property in the city shall
have the ri�ht to contract with th.e city to remove all
such weed.s and vegetation as may grow on such real
estate by requesting in writing the city manager so to
do, and by agreeing to the charge to �e paid therefor,
not less than twenty-five dollars ($25.00) to be paid
therefor per lot, series of two (2) or mor•e adjacent
and contiguous lots, or tract or parcel of acreage, to
be char�ed against such property for each such removal
of weeds and vegatation.
Section 3. In the event any section, paragraph, sutadivi-
sion, clause, phrase, provision, sentence, or part of this
Ordiraance or. the application of the same to any person or
c�rcumstance shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall
not a.ff.ect , impair, or invali�?ate this G�rdinance as a whole or
a.ny part or provision her�of other than th.e part declared to be
invalic? or unconstitutional ; and the City Counci.l o£ 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 , or
whether there be one or more parts.
PASSED AND APPROVED on the first reading this �Rn day
of �n�; , 1985.
PASSED AND APPROVED on the second reading this �_day
of � , 1985.
PASSFD, APPROVED, AND ADOPTED on the �hird and final
reading this 15�day of �Ly , 1Q85.
, �„�
�rt -�:�.� �--�-'��
l�ayo r
ATT T:
5
�
Cit Secreta
-3-