HomeMy WebLinkAboutOrdinance No. 224 ORDINANCE No. 22�
AN ORDINANCE PROVIDING THE CONDITIONS UNDER WHICH
WEEDS, BRUSH, RUBBISH AND OTHER MATTER ON REAL ESTATE
SHALL CONSTITUTE A PUBLIC NUISANCE; DEFINING CERTAIN TERMS;
PROVIDING FOR NOTICE, ABATEMENT, AND THE CREATION OF A
LIEN; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT;
PROVIDING A PENALTY; CONTAINING A SEVERABILIT� CLAUSE AND
A REPEALING CLAUSE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRiENDSWOOD, STATE OF TE�AS:
Section 1. Weeds, Brush, Rubbish - Public 1`�Tuisances.
Whenever weeds, brush, rubbish and all other objectionable, unsightly
and insanitary matter of whatever nature shall exist, covering or partly
covering the surface of any lot, lots or parcels of real estate situated
within the City of Friendswood, or when any such lot, lots or parcels
of real estate, as a£oresaid, shall have the surface thereof filled or partly
filled with holes or be in such condition that the same holds or is liable
ta hold stagnant water therein, or if from any other cause 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, the same shall constitute and is
hereby declared to constitute a public nuisance, the prompt abatement
of which is hereby declared to be a public necessity. Such lot, lots or
parcels of real estate in addition to these grounds within their respective
boundaries, shall be held to include all lots or parcels of ground lying
and being adjacent to and extending beyond the property line of any such
lots or parcels of real estate to the curb line of adjacent streets, where
a curb line has been established, a.nd fourteen feet beyond the property
line where no curb line has been established on adjacent streets, and also
to the cex�ter of adjacen� alleys.
Section 2. Definitions. The word "weeds" as herein used
shall include all rank and uncultivated vegetable growth or matter which
ha s grown to more than nine inches in height or which, regardless of
height, is liable to become an unwholesome or decaying ma.ss or a breed-
ing place for mosquitoes or vermin. The word "brush" as herein used
shall include all trees or shrubbery under seven feet in height which
are not cultivated or cared for by persons owning or controlling the prem-
ises. The word "rubbish" shall include all refuse, rejected tin cans,
old vessels of all sorts, useless articles, discarded clothing and textiles
of all sorts, and in general all litter and all other things usually included
within the meaning of such term. The words "any and all other objec-
tionable, unsightly or insanitary matter of whatever nature" shall include
all uncultivated vegetable growth, objects and matters not included within
the meaning of the other terms as herein used, which are liable to produce
or tend to produce an unhealthy, unwholesome or insanitary 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.
Section 3. Notice to Property Owner. Whenever the existence
of any nuisance, as defined in this ordinance, 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 p erson
owning the same. Such notice shall be addressed to such person at his
post office address or by publication as many as two times within ten
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
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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 days from the service of such notice, Such notice sha11 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 ordinance.
Section 4. Abatement by City Generall . 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 3 of this ordinance, it shall be the
duty of the City Manager to cause the weeds, brush, rubbish or other
insanitary 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 duly authorized representative
shall carefully compile the cost of such work done and improvements made
in abating such nuisance and shall charge the same against the owner of
the premises. The city council hereby finds and declares that general
overhead of administrative expense of inspection, locating owner, issuing
notice, reinspection and ordering work done, together with all necessary
incidents of same, require the reasonable charge of twenty-five dollars
($25. 00) for each lot, series of two or more adjacent and contiguous lots,
or tract or parcel of acreage, and such minimum charge is hereby estab-
lished and declared to be an expense of such work and improvement. Not-
withstanding, therefore, any tabulation of recorded cost, a minimum charge of
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twenty-five dollars ($25. 00) is hereby expressly stated to be a minimum
charge only and shall have no application when the tabulated cost of the
work done shall exceed such minimum charge. After receiving from the
City Manager a compilation of the cost of the work and after charging the
same against the owner of the premises, the Mayor shall certify a state-
ment of such expenses and shall file the same with the County Clerk of
Galveston County. Upon filing 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 per cent (10%) interest on the amount from the date of such payment.
For any such expenditures and interest, as aforesaid, suit may be insti-
tuted 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 afore-
said, 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
charges assessed against any property, pursuant to the procedure herein-
above set forth, the Mayor shall be authorized to execute, f�or and in
behalf of the city, a written release of the lien heretofore mentioned,
such written release to be on a form prepared and approved in each case
by the City Attorney.
Section 5. City May Contract For Abatement. The city shall
have the right to award any quantity of work authorized under Section 4 to
a general contractor whose bid sha11 be accepted by the city council as
the lowest and best secured bid for the doing of the work herein mentioned
during a stipulated time not to exceed one year.
Section 6. Removal of Weeds by City at Request of Propert
Owner. Any owner of vacant property in the city shall have the right to
contract with the city to remove all such weeds and vegetation as may grow
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on such real estate by requesting in writing the City Manager so to do,
and by agreeing to the charge to be paid therefor, not less than twenty-
five ($25. 00) to be paid therefor per lot, series of two or more adjacent
and contiguous lots, or tract or parcel of acreage, to be charged against
such property for each such removal of weeds and vegetation.
Section 7. Summary Abatement. In addition to the remedies
prescribed by this ordinance, and cumulative thereof, if it shall be brought
to the attention of the city council and shall by council be determined that
any suich nuisance or nuisances are likely to have an immediate adverse
effect upon the public health, comfort or safety, then and in that event
the city council may, by appropriate resolution or motion, order such
nuisance or nuisances summarily abated by the city in a reasonably
prudent manner.
Section 8. Preparation and Mailing of Notices and Bills. All
notices to cut weeds or abate any nuisance under this ordinance, and all
statements evidencing costs to the city of cutting weeds or abatement of
nuisances, upon faa.lure, refusal or neglect of the owner to cut weeds or
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
ordinance, shall be prepared and mailed by the City Manager.
Section 9. Collection and Disposition of Mone . All payments
of money by and collections of money, if any, from property owners for
the purpose of paying the city for expense in abating nuisances as provided
for in this ordinance shall be handled by the City Secretary. Any such
payment or collection so made shall be received by and receipted for,
in duplicate, by the City Secretary or one of her duly authorized assistants.
Such receipts and the necessary records in connection therewith shall be
prepared and handled and maintained as a permanent record and such sums
of money shall be handled, all in the form and manner prescribed by the
City Manager.
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Section 10. Penalty for Failure to Abate. 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 lots or parcel of real estate 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 defined in this
ordinance, who shall aIlow 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 ordinance or otherwise regulating such premises, so as to
prevent such a nuisance, within ten days from the date of service of
notice thereof as provided for in this ordinance, shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more
than two hundred dollars ($200. 00), and each day during which such failure,
refusal or neglect shall continue to exist, shall constitute a separate offense.
Section 11. Severability Clause. If any provision, section, subsection,
sentence, clause or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be unconsitutional,
void or invalid, or for any reason unenforceable, the validity of the remaining
portions of this ordinance or their application to other persons or sets of
circumstances shall not be affected thereby, it being the intent of the City
Council of the City of Friendswood in adopting this ordinance, that no portion
hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality or invalidity of any other portion,
provision or regulation, and to this end all provisions of this ordinance are
declared to be severable.
Section 12, Repealing Clause. All ordinances in conflict herewith
are hereby expressly repealed.
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Passed on first reading this 1 st day of July ,
1974.
Passed on second reading this >�.�r�- day of ���,
,
1974.
Passed, approved and finally adopted on third reading this
� day of _ C-� _ �� , 1974.
City of Friendswood, Texas
Ralph L . L we, Mayor
Attest:
� ' �,�.��
Bobbie C. Henry
City Secretary
Approved as to Form:
Williaxn A. Olson, City Attorney
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