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HomeMy WebLinkAboutO-1983-1358 . . * ORDINANCE NO. 1358 - AN ORDINANCE AMENDING CHAPTER l3, ARTICLE II, SECTIONS 13-21, ET. SEQ., OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY PROVIDING THAT WEEDS, BRUSH, RUBBISH AND ALL OTHER OBJECTIONABLE, UNSIGHTLY AND INSANITARY MATTER OF WHATEVER NATURE, COVERING OR PARTLY COVERING THE SURFACE OF A LOT WITHIN ONE HUNDRED FIFTY (150) FEET OF ANY RESIDENCE OR PLACE OF BUSINESS WITHIN THE CITY OF LA PORTE IS DECLARED A PUBLIC NUISANCE; CHANGING THE DEfINITION OF WEEDS; PROVIDING THAT ABATEMENT OF THE NUISANCE AS DEFINED WITHIN SHALL BE REQUIRED TO BE PERFORMED NO MORE THAN THREE (3) TIMES PER ANY ONE CALENDAR YEAR; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUI LTY OF A MI SDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); 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 13-2l, of the Code of Ordinances of the City of La Porte is hereafter amended to read as follows, to-wit: "Sec. 13-2l. Definitions. For the purposes of this article, the following definitions shall apply: e Any and all other objectionable, unsightly or insanitary matter of whatever nature. The words "any and all other objectionable, 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 defined in this section, which are liable to produce or tend to produce an unhealthy, unwholesome or insani- tary condition to the premises within the general locality where the same are situated, and shall also include any species of ragweed or other vegetable g~owth which might or may tend to be unhealthy to individuals residing within the general locality of where the same are situated. Brush. The word "brush" shall include all trees or shrubbery under seven (7) feet in height which are not cultivated or cared for by persons owning or controlling the premises. . ~ot or parcel of real estate. For the purposes of this article, a lot or parcel of real estate, in addition to the ground within its boundaries, shall be held to include all ground lying and being adjacent to and extending beyond the pro- perty line of such lot or parcel of real estate to the curb line of adjacent streets, where a curb line has been established, and fourteen (14) feet beyond the property line where no curb line *This ordinance was passed as an amendment to Ordinance 716 e e e . . . * Ordinance No. 1358 , Page 2. has been established on adjacent streets, and also to the center of adjacent alleys. (Ord. No. 716, S 2, 5-17-65) Nuisance. The term "nuisance" shall mean whatever is dangerous to human health or welfare, or whatever renders the ground, water, air or food a hazard or any injury to human health. Rubbish. 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. Weeds. The word "weeds" shall include all rank and uncultivated vegetable growth or matter which has grown to more than eighteen (18) 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. ( 0 rd . No . 716, S S 1, 2, 5 -1 7 - 6 5 ) " Section 2. Chapter 13, Article II, Section 13-22 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-22. Enforcement of article. The terms and conditions of this article shall be enforced by the Chief Building Official or his duly designated agents of the City of La Porte." Section 3. Chapter 13, Article II, Section l3-23 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-23. Prohibited conditions designated. The following specific acts and conditions are declared to constitute a public nuisance and are hereby prohibited and made unlawful: (1) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of whatever nature, covering or partly covering the surface of any lot or parcel of real estate situated within the city, and within one hundred fifty (150) feet of any residence or place of business within the City of La Porte; *This ordinance was passed as an amendment to Ordinance 716 . e e e . . * Ordinance No. 1358 , Page 3. (2) Any lot or parcel of real estate situated within the city which has the surface thereof filled or partly filled with holes, or is in such condition that the same holds or is liable to hold stagnant water therein, or, from any other cause, is 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. (Ord. No. 716 S 2, 5-17-65)" Section 4. Chapter 13, Article II, Section 13-24 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-24. Notice of property owner - Issuance. Whenever the existence of any nuisance or other prohibited condition, as defined in this article, on any lot or parcel of real estate situated within the city shall come to the knowledge of the Chief Building Official or his duly designated agents, it shall be his duty to forthwith cause a written notice to be issued to the person owning such lot or parcel. (Ord. No. 716, S 3, 5-17-65) State law reference--Notice to remove in- sanitary, unsightly, etc., conditions, Vernon's Ann. Civ. St. art. 4436." Section 5. Chapter l3, Article II, Section 13-25 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-25. Same--Contents. (a) The notice provided for in section 13-24 shall identify the property and require the abatement of such nuisance or removal of such condition 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 or parcel of real estate so as to prevent stag- nant 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 *This ordinance was passed as an amendment to Ordinance 716 . . * Ordinance No. 1358 , Page 4. e expense incurred by the city in doing or having such work done, or improvements made, to the owner of such property, and fix a lien thereon as provided in this article. (Ord. No. 716, S 3, 5-17-65) (b) The abatement of said nuisance or removal of such condition as described above shall be required to be performed no more than three (3) times within anyone calendar year. In no event shall such work be required to be per- formed at intervals of less than three (3) months, unless the Building Official or his duly designated agent determines that the pro- perty containing the nuisance constitutes a fire or health hazard to an adjoining residence or place of business." e Section 6. Chapter 13, Article II, Section 13-27 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-27. Correction or removal by city-- Generally. e (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 Inspector 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 Inspector or his duly desig- nated agents shall carefully compile the cost of such work done and improvements made in abating such nuisance, and shall charge such costs against the owner of such premises. General overhead of administrative expense of inspection, locating owner, issuing notice, reinspection and ordering work done, together with all necessary incidents of same, require a reasonable minimum charge of eleven dollars ($11.00) per hour for the first hour, or portion thereof, and eight dollars ($8.00) per hour for each subsequent hour. Such minimum charge is hereby established and declared to be an expense of such work and improvement. e (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 *This ordinance was passed as an amendment to Ordinance 716 e e e e e . * Ordinance No. 1358 , Page 5. the work mentioned in this section during a stipulated time not to exceed one year. (Ord. No. 716, SS 4, 5, 5-17-65; Ord. No. 977, S 1, 12-17-73) State law reference--Authority of city to correct or remove conditions described in this article, Vernon's Ann. Civ. St. art. 4436." Section 7. Chapter l3, 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--Fi1ing of statement of expenses incurred. After compiling the cost of the work as pro- vided for in section 13-27, and after charging the same against the owner of the premises, the Chief Building Inspector or his duly designated agents, shall certify a statement of such expenses to the mayor, who shall file the same with the county clerk. (Ord. No. 716, S 4, 5-17-65) State law reference--Statement to be filed, Vernon's Ann. Civ. St. art. 4436." Section 8. Chapter 13, Article II, Section 13-29 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-29. Same--Lien for and collection of expenses. Upon filing the statement of expenses with the county clerk as provided for in section 13-28, the city shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions of article 4436, Vernon's Annotated Revised Civil Statutes. Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten per cent (10%) interest on the amount of such expenditures from the date of such payment by the city. For any such expenditures and interest, suit may be instituted by the city attorney and recovery and foreclosure of the lien may be had in the name of the city, and the statement of expenses made in accord with seciton 13-28, or a certified copy thereof, *This ordinance was passed as an amendment to Ordinance 7lG . e e e . . * Ordinance No. 1358 , Page 6. shall be prima facie proof of the amount expended in such work or improvements. Upon payment of the full charges assessed against any property, pursuant to the procedure set forth in this section, the Chief Building Inspector or his duly designated agents shall be authorized to execute, for and in behalf of the city, a written release of the lien hereto- fore mentioned, such written release to be on a form prepared and approved in each case, by the city attorney. (Ord. No. 716, S 4, 5-17-65) State law reference--Similar provisions, Vernon's Ann. Civ. St. art. 4436." Section 9. Chapter l3, 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 Inspector or his duly designated agents so 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 (2) 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. (Ord. No. 716, S 6, 5-17-65)" Section 10. 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. *This ordinance was passed as an amendment to Ordinance 716 e e . . . . * Ordinance No. 1358 , Page 7. Section 11. 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 Hundred Dollars ($200.00). Section 12. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Ci ty 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 6252-17, 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 13. 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 wi thin ten (10) days after the passage of this ordinance. *This ordinance was passed as an amendment to Ordinance 716 . * Ordinance No. 1358 , Page 8. - . PASSED AND APPROVED this the 1983. -- ATTEST: · (l~~ ~ City Secretary APPROVED: e ~&/~ City Attorney 16th day of March , CITY OF LA PORTE By: / *This ordinance was pa,ssed as an amendment to, Ordinance 716 e