HomeMy WebLinkAboutO-1992-1837
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ORDINANCE NO. 1837
AN ORDINANCE AMENDING CHAPTER 13, ARTICLE II, SECTION 13-27, SECTION 13-28,
SECTION 13-29, AND SECTION 13-30 OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, BY PROVIDING A FEE SCHEDULE; PROVIDING A METHOD OF BILLING;
PROVIDING A MINIMUM CHARGE, PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AND EACH DAY OF VIOLATION
SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 13, Article II, Section 13-27 of the Code of Ordinance
of the City of La Porte, is hereafter amended to read as follows, to-wit:
"Sec. 13-27. Correction or removal by City -- Generally.
(a) In the event of the failure, refusal or neglect of the owner of any
premises or property to comply with a notice given him pursuant to
this article, it shall be the duty of the Chief Building Official or
his duly designated agents to cause the weeds, brush, rubbish or
other insanitary matter or condition constituting a nuisance to be
promptly and summarily abated, in a reasonable and prudent manner,
at the expense of the City. The Chief Building Official or his duly
designated agents shall carefully determine the cost of such work
done and shall charge such costs against the owner of such premises.
Costs shall be based upon the charges shown below:
Charge per Charge Per Min. Bill
Lot Acre to Owner
$ 70.00 $ 100.00 $ 70.00
For the purposes of this ordinance, a lot is defined as being a
tract of property having dimensions of 50 feet by 125 feet.
(b) The City shall have the right to award any quantity of work
authorized under this section to a general contractor whose bid
shall be accepted by the City Commission as the lowest and best
secured bid for doing the work mentioned in this section during a
stipulated time not to exceed one (1) year.
State Law Reference--Authority of City to correct or remove
conditions described in this Article, Vernon's Texas Codes
Annotated, Health and Safety Code, Part I, ~342.001, et seq."
Section 2. Chapter 13, Article II, Section 13-28 of the Code of Ordinances
of the City of La Porte, is hereafter amended to read as follows, to-wit:
"Sec. 13-28. Same-- Filing of statement of expenses incurred.
After compiling the cost of the work as provided for in Section 13-
27, and after charging the same against the owner of the premises,
the Chief Building Official or his duly designated agents, shall
certify a statement of such expenses to the Customer Service
Division, who shall file the same with the County Clerk. (Ord. No.
716, s 4, 5-17-65)
The cost to remove the lien filed on the property shall be $50.00
per property.
State Law Reference--Statement to be filed, Vernon's Texas Codes
Annotated, Health and Safety Code, Part I, ~342.007(b), et seq."
ORDXN~NCE, NO. 1837,
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Section 3. Chapter 23, Article II, Section 13 - 30 of the Code of Ordinances
of the City of La Porte, is hereafter amended to read as follows, to-wit:
"Sec. 13-30. Same--At owner's request.
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 on such real estate by requesting, in writing, the Chief
Building Official or his duly designated agents so to do, and by
agreeing to the charge to be paid therefor, not less than seventy
dollars ($70.00) per lot or a minimum bill to the owner of not less
than seventy dollars ($70.00) per occurrence. Charges shall
correspond with the table shown in Section 6 of this ordinance.
Section 4. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause of this Ordinance shall, for any reason, be
held invalid, such invalidity shall not affect the remaining portions of this
ordinance, and it is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase or clause, or
part thereof, may be declared invalid.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed two
thousand dollars ($2,000.00), and each day of such violation shall be deemed a
separate offence.
Section 6. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject
of this meeting of the City Council was posted at a place convenient to the
public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6251-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been open to the
public as required by: law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of
this Ordinance by causing the caption hereof to be published in the official
newspaper in the City of La Porte at least twice within ten (10) days after the
passage of this Ordinance.
PASSED AND APPROVED this the 27th day of April, 1992.
BY:
ATTEST:
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C er1e B ac~, C1ty Secretary
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Knox Askins, City Attorney