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HomeMy WebLinkAboutO-1965-716 I, .... "f. I .' .';. .' ..., .: . . -1 ORDINANCE NO. 716 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF LA PORTE, TEXAS, BY PROVIDING FOR THE FILLING UP AND DRA!NAGE OF LOTS THAT SHALL HAVE UNWHOLESOME PLACE OR PLACES WHERE STAGNANT WATER MAY ACCUMULATE THEREON~ REQUIRING OWNERS OR OCCUPANTS OF LOTS IN THE CITY OF LA PORTE, TEXAS, TO KEEP SAID LOTS FREE FROM WEEDS, BRUSH, RUBBISH AND OTHER UNSIGHTLY OR INSANITARY MATTER~ PROVIDING FOR NOTICE TO BE GIVEN TO OWNERS OF LOTS IN CASE OF FAILURE OF OWNER TO MAKE LOTS SANITARY AND SIGHTLY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF LA PORTE~ ESTABLISHING A MINIMUM CHARGE OF TWENTY-FIVE DOLLARS ($25.00) IN CASES WHERE IMPROVEMENTS ARE MADE BY THE CITY OF LA PORTE~ PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENTS~ REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT, THEREWITH~ PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE~ AND PROVIDI~G A SAVING CLAUSE. WHEREAS, it is deemed by the City Commission of the City of La Porte, Texas, that it is dangerous to the public health for lots in the City of La Porte to have places thereon where stagnant water may accumulate and for filth, carrion or other impure and unwholesome matter to accumulate on lots in said City, and that it is dangerous to public health and constitutes a fire hazard to have weeds, brush, rubbish, and other unsightly and in- sanitary matter on lots in the City of La Porte~ and WHEREAS, it is expressly provided by the provisions of Article 4436, Revised Civil Statutes of Texas, that cities of a population of more than 5,000 persons shall have the power to correct the evils hereinabove recited, and the City of La Porte, Texas, is a city of mor~ than 5,000 population: NOW,' THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Whatever is dangerous to human health or welfare, ,or whatever renders the ground, the water, the air or i, ". . 'j; & e . . -2- food a hazard or any injury to human health, is hereby declared to be a nuisance. Section 2. The following specific acts, conditions and things are declared to constitute a public nuisance and are here- by prohibited and made unlawful: Unwholesome condition of premises. Whenever weeds, brush, rubbish and all other objectionable, unsightly and insani- tary matter of whatever nature shall exist, covering or partly covering the surface of any lots or parcels of real estate situated . within the city, or when any of such lots or parcels of real estate, as aforesaid, shall have the surface thereof filled or partly filled with holes or be in such condition that the same holds or is liable to 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 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 ad- jacent streets, where a :curb line has been established, and four- teen feet beyond the ,prQperty line where no curb line has been established on adjacent:streets, and also to the center of ad- jacent alleys. The word weeds as herein used shall include all rank and ~ uncultivated vegetable growth or matter which has grown to more " . . . . I, . e e -3- than nine inches in height or which regardless of height is liable to become an unwholesome or decaying mass or a breeding 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 pre- mises. The word rubbish shall include all refuse, rejected tin cans, old vessels of all sorts, useless articles, discarded cloth- ing and textiles of all sorts, and in general all litter and all 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 abate, contents. Whenever the existence of any such nuisance, as defined in this Ordinance, on any lots or parcels of real estate situated within the City shall come to the knowledge o~ the health officer, it shall be his duty to fortpwith cause a written notice identifying such property to be issued to the person owning 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 as aforesaid or if the owner's address be not known, requiring the abatement of such nuisance by grubbing and removing ". ... e e . -4- 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 lots or parcels of real estate so as to prevent stagnant water standing therein, within ten days from the service of said 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 thereon as provided in Section 4. Section 4. Performance of work bv City: costs and expenses, minimumcharqe, assessment and collection, release of lien. The terms and conditions of this division shall be enforced by the health officer, and in the event of the failure, refusal or neglect of the owner or occupants of any such premises or property to cause such nuisance to be removed or abated in-the manner and within the time provided in Section 3, then it shall . be the duty of the health officer to cause the weeds, brush, rubbish or other insanitary matter or condition constituting a nuisance, to be promptlx and similarly abated, in a reasonable and prudent manner, at the expense of the City. The City Engineer, or his duly authorized representatives, shall carefully compile the cost of such work done and improvements made in abating such nui- sance, and shall transmit such information to the health officer, who shall charge such costs against, the owner of such premises. The City Commission hereby finds and declares that general over- head of administrative expense of inspection, locating owner, issuing . notice, re-inspection and ordering work done, together with all "I I. \ e e . -5- necessary incidents of, same, require the reasonable charge of Twenty-Five bollars ($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 established and declared to be an expense of such work and improvement. Notwithstanding, therefore, any tabulation of recorded cost, a minimum charge of twenty-five dollars ($25.00) shall be assessed against each lot so improved under the terms of this division, but such sum of 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 th~ City Engineer or, his'duly authorized repre- sentative a compilation of the cost of the work, and after charg- ing the same against the owner of the premises, the city health officer shall certify a statement of such expenses and shall file the same with the County Clerk of Harris County, Texas~ Upon finng such statement with the County Clerk of Harris County, Texas, the City shall have a privileged lien upon the land described there- . in and upon which the improvements have been made, in accordance with the provisions of said Article 4436, Revised Civil Statutes of Texas, which said lien shall be 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 by the City. For any such expenditures, and interest, as aforesaid, suit m~y be instituted by the City Attorney ardre- covery and foreclosure had in the name of the municipal corporation of the City of La Porte: and the statement so made, as aforesaid, or a certified co~y the~eof, shall be prima facie proof of the . amount expended in any such work or improvements. Upon payment of ~! ~ . e . -6- the full charges assessed against any property, pursuant to the procedure hereinabove set forth, the health officer shall be autho- rized to execute, for 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. Contracts - Award by City. The City shall have the right to award any quantity of work authorized under section 4 to a general contractor whose bid shall be accepted by the City Commission as th'e lowest and best secured bid for the doing of . the work herein mentioned during a stipulated time not to exceed one year. Section 6. Same -- With owner for cuttinq weeds. Any owners 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 on such real estate by requesting in writing the health officer3so to do, and by agreeing to the charge to be paid therefor, not less than Twenty-Five Dollars ($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? Administration of finances. All notices to cut weeds or abate any nuisance enumerated in this Ordinance and all statements evidencing costs to the City of cutting weeds or abatement of nuisances, upon failure, refusal or neglect of the owner to cut weeds or abate the nuisance after having been n~tified to do so, as well as all other clerical work incident to enforce- ment of the provisions of this division shall be prepared and mailed by the health officer, or his duly authorized representatives. , ..- ...' ~,~ . . . . , . -7- All payments of money by and collections of money from property owners for the purpose of paying the City for expenses in cutting weeds, or abating other nuisances, shall be handled by the City Clerk, and a proper receipt issued therefor. 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 in the form and manner prescribed by the Director of Finance. Section 8. Penalty for failure to abate. Any owner, ~ lessee or occupant, whether a natural person or a corporation, or any agent, officer, servant, representative or employee of any such owner, lessee or occupant, including any person having ownership, occupancy or control of any lots or parcel of real estate or any part thereof, or interest therein, situated within the City, on which there exists any nuisance as defined in this division, who sha'll 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 grubbing or removing ~ such weeds, brush, rubbish or other objectionable, unsightly or in- sanitary matter ~f whatever nature as the case may be, or by filling in, draining, leveling ,or otherwise regulating such lots or par- cels of real estate so as to prevent stagnant water standing there- in within ten days from the date of service of notice thereof as provided in Section 3, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than Twenty- Five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), and each day of such violation shall be deemed a separate offense. repealed. ". . '. . fIli. "1': "~ I'.' , I e . . '. 'It- -8':'., Section 10. Savinq Clause. If any section, paragraph, clause or sentence shall be declared void and unenforceable or unconstitutional, it is hereby declared to be the intention of the Commission that the remainder of such Ordinance shall remain in full force and effect. Section 11. This Ordinance shall take effect and be in force from and after its passage and approval and publication as required by law. PASSED AND APPROVED this the /7'.:a6 day of May, 1965. ATTEST: '~~ .-::J..I" ".;....I'J,.-,. ') \ ~>.....~ City Clerk of the Ci~y of La Porte, Texas --~ , " . . ~ , '.. . > _' c:.";' '. ~~. -~ :~'~~.; t. 4_. "\. .L"'~" ~ ; k) '. ~/~~ ': I ~,' ',-r '.,',-;,-' R ~..,/;... ~ ~.: J:7 .. ;r.~V,'" :h~"'..~ =t=" ",4 v . -,~ ,-f' ,.~ '" ,~; ;g~~