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HomeMy WebLinkAboutOrdinances (O-75-211)-09/02/1975 ~%p=ITY OF COLLEYVILLE ORp>wANCE oWM\~ailiT Z 1 2 36 lS - WD. 450 J1 . TARRANT COUNTY vod)(~U~ PA~rnUtJ VOLUME .:JJ(PAGE 3/4 ... \ AN ORDINANCE REPEALING ORDINANCE 0-73-130; PROVIDING A DEFINITION OF UNREGULATED GROWTH AND DECLARING IT A NUISANCE; ESTABLISHING A DUTY OF THE OWNER TO CUT AND REMOVE THE WEEDS AND/OR GRASS; PROVIDING AN ENFORCEMENT AGENCY; PROVIDING A MEANS OF NOTIFICATION; ESTABLISHING THE CITY'S AUTHORITY TO REMCN E UNREGULATED GROWTH WITH OTHER OBSTRUCTIONS; PROVIDING FOR THE NECESSARY CHARGES; PROVIDING FOR A PENALTY, AND; DECLARING AN EMERGENCY. BE IT ORnAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Section 1 - Repealing 0-73-130 A 11 Ordinances or parts thereof in conflict with this Ordinance including Ordinance 0 -73 -130 are hereby in all parts declared null and void. Section 2 - Growth to certain height prohibited; premises deemed nuisance. It shall be unlawful for any person, firm or corporation in control of any occupied or unoccupied premises, including all easements, to permit weeds or grass to gr-o:\W.'to a height greater than twelve (12) inches upon said premises. Any premise;'\HDon which weeds or grass are permitted to grow to a height greater than twelve (12) inches, shall be deemed a nuisance, as a fire hazard and as dangerous to public health. It shall likewise be unlawful for the owner or person in control of any premises within the City to leave weeds or grass on such premkies after they have been cut, and it shall be the duty of the owner or person in control of any premises within the city to remove weeds or grass from such premises after they have been cut. Section 3 - Duty of owner as to cutting and removal of weeds or grass. It shall be the duty of any owner or person in control of any occupied or unoccupied premises including all easements to cut and remove all weeds and grass as often as may be necessary to comply with.;the preceding section; provided, that the re'rnoving and cutting of weeds or grass at least once' in every three (3) weeks shall be deemed to be in compliance with this section. Section 4 - Duty of the Fire Marshal It shall be the duty of the City Fire Marshal or his agent to enforce the provisions of this Ordinance. Section 5 - Notice to remove weeds; service to owner. It shall be the duty of the Fire Marshal or his agent, to:n.otify the owner or person in, contrbl.6f any premises within the City, not used for agricultural purposes and/or adequate grazing, on which are growing weeds or grass in height greater than twelve (12) inches, to remove said weeds or grass within ten (10) days This notice shall be in writing and may be served on the owner or person in control by handing it to him in person, by United States ,certified mail, --...__._.._-"_...~,._~_._~-"...~-_.._.._,--,,.- 'IJ! ...,,' ("'ti' 31f Page 2 .4-.,.1.-T..l' e .... ORDINANCE 0-75-211 VOL 6~~02 PAGE 554 return receipt requested, addressed to such owner or person in control at his post office address or in the event the owner or person in control cannot be found and the certified letter is returned by the Unite.d States postal service, then by publication no less than two (2) times within ten (10) consecutive days in the official newspaper as adopted by the City Council. 1Tr\'''' T:~ .-;~, V .., ',~; '",-/ ;:: Section 6 - City removal of weeds upon owner's failure to do so or at owner's request. Upon the failure of the owner or person in control to comply with the notice, as set forth in Section 5 of this Ordinance, or upon the written request of such owner or person in control so notified, it shall become the responsibility of the Fire Marshal to have the weeds or grass cut, raked and removed on all property within the City of Colleyville. Section 7 - Charges to be levied against such property; lien on property for failure to pay charges; penalties A charge deemed reasonable by the City of Colleyville shall be levied, assessed, and collected from the prope:rty owner or his agent for each cutting, raking and remo'lal of weeds and grass. In the event that there are obstructions, such as trees, shrubs, bushes. excavations, foundations, demolished structures or any other similar obs truction, an additional charge shall be lev1ed, as ses s ed and collected against such premises for the actual additional costs resulting from the handling of these obstructions. The charges shall be levied, assessed and ,r- collected by the City of Colleyville. If any person shall fail to pay the charges assessed thirty (30) days after being notified. the City shall tile with the County ClerK at Tarrant County, Texas, a statement by the Mayor of such expenses, The City of Colleyville shall have a lien on the premises, second only to tax hens and llens toC" street improvements to secure the expenditures made and ten (l0) percent interest on the amount from the date payment 1S due. Foe any such expenditures, and interest, suit may be insti.-tuted and torclosure made 1n the name of the C1ty; and the statement so made by the mayor, or a certilled copy ot the statement, shall be pn.ma facie proof of the amollnt expended. 1n such WOC"K OC" 1mprovements. LikeWIse, any person, firm or corporation who fails to cut and/or removt:': "veed"> or grass or obstructions when so notified as set forth in this ordinance shall be in violation of this ordinance. Said party shall be deemed guilty of a misdemeanor and upon conviction shall be liable to a fine herein established: A) First Offense: Minimum of twenty-fi ve ($25. 00) dollars up to but not exceeding two-hundred ($200. 00) dollars. B) Second Offens e: Minimum of fity ($50. 00) dollars up to but not exceeding two-hundred ($200. 00) dollars. C) Consecutive Offenses: Minimum of one hundred ($100. 00) dollars up to but not exceeding two-hundred ($200. 00) dollars. Each day that the violation continues shall consitute a separate offense and shall be treated accordingly. ORDINANCE 0-75-211 Page 3 EMERGENCY CLAUSE VOL 6~~02 PAGF. 556 VOLUME 1JC PAGE.2IfL The fact that the City of Colleyville is i~ I?,r~" ?~ ~~~~d~n,,~d this creates an emergency and imperative necessit)r'''''P'~quidng the ,gt1spenstGG-1>f any rule that requires that ordinances should be read'a.'f twb"sep'~'rat:'emee'ff'rig"s of this Council and such rule is hereby suspended and this ordinance shall be effective fro m and after its passage and publication as required by law. Pas s ed and adopted this . 'c {HtY;" , ,.>1\'TTE.S'1"~:.. ~l;;.0# / - t,(,:~- tv .,., r -: 4,;. \ . o. 711.". 04(. ...., M. /rtL~' L99ISE RAMEY, City , . i "lI'~"" .- , .,. to form