HomeMy WebLinkAboutOrdinance No. 91-29 ORDINANCE NO. 1_2
AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY
STRIKING THEREFROM ALL OF SECTION 8-38 OF ARTICLE III
OF CHAPTER 8 AND SUBSTITUTING THEREFOR A NEW SECTION 8-
38; PROVIDING FOR NOTICE TO BE GIVEN TO THE OWNER OF
PROPERTY PRIOR TO THE ABATEMENT OF CERTAIN NUISANCES
THEREON; PROVIDING OTHER MATTERS RELATING TO THE
SUBJECT; AND PROVIDING FOR SEVERABILITY.
* * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The Friendswood City Code is hereby amended by
striking therefrom all of Section 8-38 of Article III of Chapter
8 thereof which provides as follows:
[Sec. 8-38. Notice to property owner; abatement
required.
Whenever the existence of any nuisance, as defined
in this article, on any lot, lots, or parcels of real
estate situated within the City of Friendswood shall
come to the knowledge of the city manager of said city,
it shall be his duty to forthwith cause a written
notice identifying such property to be issued to the
person owning the same. Such notice shall be addressed
to such person at his post office address or by
publication as many as two (2) times within ten (10)
consecutive days, if personal service may not be had or
if the owner's address is not known, requiring the
abatement of such nuisance by grubbing and removing
such weeds, brush, rubbish or other objectionable,
unsightly or insanitary matter of whatever nature, as
the case may be, or by filling in, draining, leveling
or otherwise regulating such lot, lots or parcels of
real estate so as to prevent stagnant water standing
therein, within ten (10) days from the service of such
notice. Such notice shall further state that, in
default of the performance of the above condition, the
city may at once cause the same 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 thereof
as provided in this article. ]
and substituting therefor a new Section 8-38 to provide as
follows:
Sec. 8-38. Notice to property owner; abatement
required.
Whenever the existence of any nuisance, as defined
in this article, on any lot, lots, or parcels of real
estate situated within the City of Friendswood shall
come to the knowledge of the City Manager of said City,
it shall be his duty to forthwith cause a notice
identifyinq such property to be issued to the person
owning the same. Such notice shall be given personally
to the owner in writing, by letter addressed to the
owner at the owner's post office address, or, if
personal service cannot be obtained or the owner's post
office address is unknown, then by publication at least
twice within ten (10) consecutive days, by postinq the
notice on or near the front door of each buildina 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 property contains no
buildincls. Such notice shall direct the abatement of
such nuisance by grubbing and removing weeds, brush,
rubbish, or other obiectionable, unsightly, or
insanitary matter of whatever nature, as the case may
be, or by filling in, draining, leveling, or otherwise
regulatinq such lot, lots, or parcels of real estate so
as to prevent stagnant water standing thereon, within
ten (10) days from the service of such notice. Such
notice shall further state that, in default of the
performance of the above condition, the city may at
once cause the same to be done and pay therefor and
charge the cost and expense incurred in doing or havinq
such work done, or improvements made, to the owner of
such property, and fix a lien thereon as provided in
this article.
Section 2 . In the event any section, paragraph,
subdivision, clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or
circumstance 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 or provisions 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, or whether
there be one or more parts.
PASSED AND APPROVED on first reading this 7th day of
October , 1991.
PASSED, APPROVED, AND ADOPTED on second and final reading
tt11S �� Gi day Of nc-t nhPr � 1991.
i
l ..
aul W. Schrader
Mayor
ATTEST:
.
Deloris Archer, CMC
City Secretary