HomeMy WebLinkAboutOrdinance No. 91-25 . • � .� .
ORDINANCE NO. 91-25
AN ORDINANCE PROVIDING IT UNLAWFUL TO DEPOSIT OR
ALLOW THE DEPOSITING OF SOILS ONTO PAVED CITY
STREETS; PROVIDING FOR ABATEMENT PROCEDURES AND
RECOVERY OF COSTS THEREFOR; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $500 FOR EACH DAY OF VIOLATION;
AND PROVIDING FOR SEVERABILITY.
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WHEREAS, the accumulation of dirt, sand, and other soil
type matter on paved City streets impedes traffic, constitutes
visual blight, causes damage and destruction to said streets,
causes damage to and impairs the operation of City storm sewer
systems, and is otherwise detrimental to public health, safety,
and welfare; and
WHEREAS, the City Council hereby finds and determines that
the vast majority of soils found on paved City streets is a
result of erosion or drainage of storm waters from properties
adjacent to said streets; and
WHEREAS, the City Council hereby finds and determines that
the existence of soils on City streets constitutes a public
nuisance; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the
preamble of this Ordinance are hereby found to be true and
correct.
Section 2 . Definitions. For the purposes of this
Ordinance the following words, terms, or phrases shall have the
meanings ascribed thereto:
"Owner" shall mean any person, firm, corporation, or
association, or any officer, agent, or employee thereof,
occupying or having control of real property.
"Paved City Street" shall mean any public street of the
City which is paved or covered with asphalt or concrete cement.
"Soils" shall mean dirt, sand, and other similar earth
matter, and shall also mean rocks and other solid or semisolid
mass material, whether produced by man or nature, but shall not
include the matter composing the street surface or
appurtenances thereto.
Section 3 . It shall be unlawful for any person to cause
or permit the depositing of soils on paved City streets.
Section 4. It shall be unlawful for an owner of property
adjacent to a paved City street to fail to remove from such
street soil which by rain or other occurrence has washed or
removed itself from such adjacent property to the adjacent
paved City street. Provided, however, it shall be a defense to
prosecution hereunder that such soils were removed and cleared
from such paved City street within twenty-four (24) hours of
the occurrence which caused the depositing of soils into the
street if such occurrence was by act of God, or within six (6)
hours if such occurrence was by act of man.
Section 5. Abatement by City. When the existence of a
nuisance as defined herein shall come to the knowledge of the
City Manager of the City, it shall be his duty to cause a
written notice thereof to be served on the owner responsible
for creating or allowing such nuisance. Such notice shall
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identify the property, shall set forth the action required to
abate the nuisance, and shall provide that if the nuisance is
not abated within seventy-two (72) hours of notice thereof,
the City may at once cause the same to be done and pay therefor
and charge the cost and expense incurred to the owner. If the
owner shall fail to pay the City for such costs and expenses
within ten (10) days of demand therefor then the City may
perfect a lien upon the property of the owner in the same
manner and upon the same cost basis as provided in Sec. 8-39 of
the Friendswood City Code for nuisance abatement on private
property.
Notice to the owner hereunder may be served in person, by
certified mail return receipt requested, or by attaching same
to the front door of any building situated upon the property
subject to a lien hereunder, or if there be no building, then
upon a placard erected on said property.
Section 6. Any person who shall violate any provision of
this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction, shall be fined in an amount not to exceed
$500. 00. Each day of violation shall constitute a separate
offense.
Section 7 . 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
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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 gth day of
Sept ember , 1991.
PASSED, APPROVED, AND ADOPTED on second and final reading
this 23,.� day of September , 1991.
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Paul W. Schrader
Mayor
ATTEST:
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D lo is Arche , CMC
City Secre�tary
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