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Home My WebLink AboutOrdinances (O-98-1101)-09/01/1998 ORDINANCE 0-98-1101 II I AN ORDINANCE AMENDING SECTIONS 42-27, 42-29 AND ADDING SECTION 42-31 OF THE COLLEYVILLE CODE OF ORDINANCES; DECLARING THE GROWTH OR EXISTENCE OF HIGH WEEDS, GRASS AND UNCULTIVATED PLANTS TO BE A NUISANCE; DEFINING RELEVANT TERMS; SPECIFYING RULES AND PROCEDURES FOR THE ABATEMENT OF HIGH WEEDS, GRASS AND UNCULTIVATED PLANTS; PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That Section 42-27 of the Colleyville Code of Ordinances is hereby amended by deleting all of Sub-Section 42-27(15) titled "Weeds". Sec. 2. That Sub-Section 42-29(c)(6) of the Colleyville Code of Ordinances is hereby amended to read as follows: Concerns requiring the owner of a lot in the city to keep the lot free from junk, rubbish and other objectionable, unsightly or unsanitary matter. Sec. 3. That Section 42-27 of the Colleyville Code of Ordinances is hereby amended by adding a new Section 42-31 to read as follows: Sec. 42-31. Weeds, Grass and Uncultivated Plants. A. Definition of Terms. I II I! I B. 1. Parkway The portion of any street between the roadway and the private property line. Prohibition. 1. Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of twelve (12) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of twelve (12) inches on such premises after they have been cut is hereby declared to be a nuisance. I' II I Ordinance 0-98-1101 Page 2 of 5 2. A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed twelve (12) inches in height or if weeds, grass or uncultivated plants in excess of twelve (12) inches are allowed to remain on such premises after they have been cut. 3. A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed twelve (12) inches in height or if weeds, grass or uncultivated plants in excess of twelve (12) inches are allowed to remain on such premises after they have been cut. 4. In the case of agricultural tracts of five (5) acres or larger, this ordinance will be satisfied if the hay or grass is kept mowed to a height no greater than twelve (12) inches for a distance of one hundred (100) feet around the entire perimeter of the tract. c. Abatement. 1. The City Manager or his designee is hereby authorized to give notice to the owner of any property which is in violation of the provisions of Section 42-31 B, instructing the owner to abate the nuisance. 2. If the owner of the property does not comply with the provisions of an abatement notice issued by the City Manager or his designee within ten (10) days after the date the notice is received, the City Manager or his designee may: a. enter the property and do or cause to be done the work required to abate the nuisance; and b. pay for the work done and charge the expenses to the owner of the property or assess the owner a weed abatement fee in accordance with Article II, Section 2-26 of the City of Colleyville Code of Ordinances. 3. The notice must be given: a. personally to the owner in writing; or b. by letter addressed to the owner at the owner's last known address as shown on the City tax rolls; or Ordinance 0-98-1101 Page 3 of 5 c. if personal service cannot be obtained, or the owner's post office address is unknown: (1) by publication at least twice within ten (10) consecutive days; or (2) by posting the notice on or near the front door of each building on the property to which the violation relates; or (3) if the property contains no buildings, by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. 4. Notice will be deemed to have been received: a. for personal service, as of the date the notice was given personally to the owner; b. for mailed notice, three (3) days after date of postmark; C. for notice by publication, on the date that the last notice was published in the official newspaper; or d. for notice by posting, ten (10) days after the notice was posted. 5. In the notice of a violation, the City Manager or his designee may inform the owner that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and assess the expense against the property. 6. If a violation covered by a notice under subsection C(5) occurs within the one-year period, and the City Manager or his designee has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by subsections C(2)(a-b) and assess the expenses as provided by Section 42-31 E.. D. Property Under Development. 1. Before any application for change of zoning, platting or re-platting is accepted, all liens and charges arising under the terms of this ordinance shall be satisfied and all concerned properties shall be in compliance with Section 42-31 B hereof. Ordinance 0-98-1101 Page 4 of 5 2. If the City has issued a permit and the property for which such permit was issued is in violation of Section 42-31 B hereof, the City Manager or his designee may revoke the permit until such a nuisance has been abated. 3. Such actions shall not defer any other remedies or penalties which may be applicable under this ordinance. E. Assessment of Expenses; Lien. 1. All expenses incurred by the City to abate high weeds, grass or uncultivated plants, including the cost of giving notice as required, shall initially be paid by the City and charged to the owner of the property. If the charge is not paid to the City within thirty (30) days after billing, it will become a charge against the property and the City may file a lien upon the property. 2. To obtain a lien upon the property, the City Manager or his designee shall file a statement of expenses with the County Clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the County Clerk. 3. The lien shall be security for the expenditures made and interest accruing at the rate of ten (10) percent per annum on the amount due from the date of payment by the City. 4. The lien is inferior only to: a. tax liens; and b. liens for street improvements. 5. The City may bring a suit for foreclosure of the lien in the name of the City to recover the expenditures and interest due and in said suit the statement of expenses or a certified copy of the statement shall be prima facie proof for the expenses incurred by the municipality in doing the work or making the improvements. F. Penalty. An offense as defined under Section 42-31 is a misdemeanor punishable by a fine not to exceed $2000.00. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. Ordinance 0-98-1101 Page 5 of 5 Severability. If any section, subsection, article, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance. Sec. 4. That the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The"lirst rea,ding and public hearing being conducted on the J 8'f.!: day of 11U.~ IL5t , 1998. The second reading and public hearing being conducted on the 1 $1 day of <.. Sep-f.un hd , 1998. ATTEST: CITY OF COLLEYVILLE: i I U~ II an Harris, CMC City Secretary I i APPROVED AS TO FORM AND LEGALITY: I 1?7~~ II. -ti!:r/F::;fV City Attorney I I I I I ~~ Richard Newton Mayor ,L_~___..... , I I L