HomeMy Public PortalAboutOrdinance No. 576-88 02-22-1988
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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.
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(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.
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ORDINANCE NO. 5 ~ 6 Page 2
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(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
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(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
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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:
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Paul Daniels, Mayor
AT S
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Paulene Kempe, City Se retary
PPRO D AS TO FORM:
Paul F. Wienes ie, C y Attorney
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