Loading...
HomeMy Public PortalAboutOrdinance No. 576-88 02-22-1988 • ORDINANCE NO. 5 7 6 AN ORDINANCE AMENDING SECTION 2, "TALL WEEDS AND GRASS" OF CHAPTER 6, "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS; ESTABLISHING REGULATIONS FOR GRASS, WEEDS AND UNCULTIVATED PLANTS; ESTABLISHING NEW DEFINITIONS; PROVIDING FOR THE CUTTING AND REMOVAL OF GRASS, WEEDS AND UNCULTIVATED PLANTS BY THE CITY WITH THE COSTS INCURRED TO CONSTITUTE ALIEN; PROVIDING A SCHEDULE OF CHARGES AND ADMIl~IISTRATIVE FEE; PROVIDING A SAVING CLAUSE; PROVIDING SEVERABILITY CLAUSE; PROVIDING A PENALTY OF UP TO $1,000.00 PER DAY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the uncontrolled growth of grass, weeds and other uncultivated plants are deemed a nuisance by being a health hazard, fire hazard, traffic hazard and contrary to the general health, safety and welfare of the citizens of the City of Richland Hills; and WHEREAS, current weed and grass controls do not provide adequate protection and do not provide adequate ability for the City to recoup costs incurred for abatement of the nuisance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Section 2, "Tall Weeds and Grass" of Chapter 6, "HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: SECTION 2: TALL WEEDS AND GRASS A. "PERSON" DEFINED. The term "person" as used herein shall be held to include any individual person, firm, partnership, association or corporation. B. TALL WEEDS AND GRASS PROHIBITED. (1) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied, within the corporate limits of the City of Richland Hills to suffer or permit grass, weeds, or any plant that is not cultivated to grow to a greater height than twelve inches (12") on an average or to grow in rank profusion upon said premises. • • (2) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied, within the corporate limits of the City of Richland Hills to suffer or permit grass, weeds, or any plant that is not cultivated to grow along the sidewalk or street adjacent to the same between the property line and the curb or if there is no curb then within ten feet (10') outside that property line to a height greater than twelve inches (12") on an average or to grow in rank profusion upon said premises. C. NUISANCE DECLARED. All weeds, brush, grass and other vegetation proscribed or prohibited by this section is deemed a fire hazard, a traffic hazard, and a menace to the health, safety and welfare of the citizens of Richland Hills, Texas, and therefore, a public nuisance. D. OWNER'S DUTY TO CUT OR REMOVE TALL WEEDS OR GRASS. It shall be the duty of any person owning, claiming, occupying or having supervision or control of any lot, tract, parcel, or a portion thereof, occupied or unoccupied, within the corporate limits of the City of Richland Hills to remove, or cause to be cut and removed all such grass, weeds, or plants as often as may be necessary to comply with subsection B above. • E. OBSTRUCTIONS UPON STREETS OR ALLEYS PROHIBITED. It shall be unlawful for any person to willfully obstruct or injure or cause to be obstructed or injured or maintain an obstruction in any manner whatsoever upon any street or alley adjacent to any premises owned or controlled by said person within the corporate limits of the City of Richland Hills. F. FAILURE TO COMPLY: NOTIFICATION• ABATEMENT OF NUISANCE BY CITY. (1) In the event that any person owning, claiming, occupying or having supervision or control of any real property fails to comply with the provisions of this section, the city shall notify such person of his failure to comply. If the person's address is unlisted, then reasonable effort shall be taken to inform the violating persons of their responsibilities under this section by utilizing current city tax rolls and water billing records, recent zoning and platting application records or real estate signs that may be present on the properties. Such notice shall be sent to the person at his post office address by certified mail, return receipt requested. If the person's address is unknown or if notification may not be obtained by letter, then notice shall be given by publication in any two (2) issues within ten (10) consecutive days in the official newspaper of the city. • ORDINANCE NO. 5 ~ 6 Page 2 • (2) If such person fails or refuses to comply with the provisions of this section within ten (10) days after date of notification by letter or date of second publication of notice in the newspaper, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this section. Such work may consist of preparing said property so that it can reasonably be mowed, the mowing of the property, and the removal of cuttings and other debris attributed to the mowing and preparation of the property. After initiating such work, the city may charge against the person having control of the land an administrative fee. The city shall send to the owner a billing for all such work and charges within ten (10) days after the completion of the work by certified mail, return receipt requested. G. COLLECTION OF ABATEMENT COST: ADMINISTRATIVE FEE. The expense incurred pursuant to this section in correcting the condition of such property, and the cost of publication of notice in the newspaper, shall be paid by the city and charged to the owner of such property, who shall in addition pay a seventy-five dollar ($75.00) administrative fee. In the event the owner fails or refuses to pay such expense within thirty (30) days after the first day of the month following the month in which the work was done, the city shall file with the county clerk of Tarrant County a statement, signed by the city manager, of the amount so expended. Such amount shall bear interest at the rate of ten (10) per cent from the • date the city incurs the expense and shall become a privileged lien against the real property, second only to tax liens and liens for street improvements. For any such expenditures and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, improvement or correction of the property, all more particulary specified in Article 4436, Vernon's Annotated Texas Civil Statues, which is hereby adopted by reference. H. CHARGES AND FEES. (1) The minimum city charge for mowing and cleaning of acreage shall be $30.00 per acre. The minimum charge for mowing platted lots shall be $70.00 per lot for mowing, plus actual cost of cleanup for vacant lots, and for lots with any type of building or structure the minimum charge shall be $70.00 per lot for mowing, plus actual cost of cleanup; provided, however, that for lots with structures thereon located in a district zoned R-1 L, the minimum charge shall be $100.00 per lot for mowing, plus actual cost of cleanup. ORDINANCE NO. 5 7 6 Page 3 • (2) Notwithstanding the foregoing, in the event the actual expenses incurred by the city for preparation of the property for mowing and for mowing on said property exceed the amounts set forth in section (1) of this subsection, the charges to the owners of such property and the lien thereon shall be for the actual expenses incurred by the city. I. COMPLIANCE REQUIRED. Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of this section shall be satisfied. In addition, the property will be inspected to ascertain that Subsection B hereof is not violated at the time of application. J. PENALTY. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. II. SAVING CLAUSE. That Chapter 6 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. III. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. ORDINANCE NO. 5 ~ 6 Page 4 • PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the22ndday ofFebruary1988; by a vote of 4 ayes, 0 nays and 0 abstentions. APPROVED: c` i, Paul Daniels, Mayor AT S , Paulene Kempe, City Se retary PPRO D AS TO FORM: Paul F. Wienes ie, C y Attorney • 0073a:gjh21788 ORDINANCE NO. 5 7 6 Page 5