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HomeMy WebLinkAboutORD 00-31 ORDINANCE N0. ZL2 ENTITLED AN ORDINANCE AMENDING CHAPTER 13, ARTICLE IV, SECTION 13-53 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE FEES FOR GRASS CUTTING SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 13, Article IV, Section 13-53 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ARTICLE IV -WEED CONTROL Section 13-53. Right of the City to cut weeds, assessment of costs. Should the owner of any lot or premises upon which weeds, grass, or uncultivated plants have been permitted to grow in violation of this article fail or refuse to cut or remove such weeds, grass or uncultivated plants within ten (10) days after notice, as provided in section 13-52, the enforcement officer is hereby authorized to cause such weeds, grass or uncultivated plants to be cut and removed at the expense of the city, and to assess the expenses thereof to the owner, as shown on the tax roll of the real estate or lot upon which such expense is incurred. The fee for cutting shall be billed to the owner of the premises at the rate of $.01 per square foot, not less than Twenty-Five ($25) Dollars plus an administrative fee of Fifty ($50) Dollars to cover all administrative costs. A statement of expenses which includes administrative fees, incurred by the city for the cutting and removal of weeds, grass or uncultivated plants cut in accordance with this section shall be mailed to the property owner shown on the tax roll at the time of service. This statement GAMORDINANCVNAEND\13-53.300 of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety (90) days of such delinquency, the city's authorized agent is hereby authorized to add a lien assessment fee of Fifty ($50) Dollars to the statement of expenses incurred by the city in the cutting and removal of weeds, grass or uncultivated plants under this section and to file said statement of expenses as a lien at the county clerk's office of this county against the premises which are in violation of this article. This statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provision of Article 4436, Vernon's Annotated Civil Statutes, which lien shall be second only to tax liens and liens for street improvements. Suit may be instituted in the name of the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall be prima facie evidence of the amount expended for such work or improvements. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this GAMORDINANCAMEM1353.300 ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 12000. O`-.-.,A - Mayor - G AMORDINANMAWNDA 3-53.300