HomeMy WebLinkAboutORD 80-39 ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES
BY REPEALING SECTIONS 13-4 A14D 13-32
DEALING WITH ACCUMULATIONS OF TRASH
AND ENACTING A NEW TRASH CONTROL
ORDINANCE DEFINING TRASH; PROVIDING
FOR NOTICE TO ABATE; PROVIDING FOR
THE CLEARING OF PROPERTY BY THE CITY;
PROVIDING FOR ASSESSMENT OF EXPENSES
AND COLLECTION THEREOF; PROVIDING FOR
APPEALS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING
A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
Sections 13-4 and 13-32 of Chapter 13 of the Code of
Ordinances of the City of Beaumont be and the same are hereby
repealed.
Section 2.
There is hereby enacted a new Article V of Chapter 13
of the Code of Ordinances of the City of Beaumont said Article V
to read as follows:
Article V - Trash Control.
Section 13-56.
It shall be unlawful and constitute the creation and
maintenance of a public nuisance for any person who shall own
or occupy any lot or premises to suffer or permit 'trash to
accumulate on said lot or premises or on that portion of the
easements, rights-of-way or alleys which abut such lot or
premises and lay between the center line of any such easement,
right-of-way or alley and the property line of such lot or
premises.
"Trash" is defined as garbage, tree or lawn cuttings,
lumber, paper, boxes, rubbish, metal, rags, glass, old appliances,
portions of old appliances or portions of automobiles.
Section 13-57.
The City Manager or his designee shall notify the owner
of any such lot or premises as shown on the tax roll of the City
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or the occupant of any such lot or premises which has upon it
an accumulation of trash in violation of Section 13-56. Such
notice shall describe the violation and give to the owner or
occupant ten (10) days within which to clean the lot or premises
of all trash. The notice shall be in writing and may be served
either by handing it to the owner or occupant or by depositing
such notice in the United States mail, postage prepaid, ad-
dressed to the owner at the address as shown on the tax roll
of the City.
Section 13-58.
Should the person who is notified fail to clean such
lot or premises of all trash within ten (10) days after service
of notice, the City Manager or his designee may clean or have
cleaned such lot or premises of all trash at the expense of
the City and charge the expense to the person notified. Expense
associated with notification and cleaning of lots shall be
determined from time to time by the City Manager based on a
study. The minimum charge shall be $50. 00.
Section 13-59.
The City Attorney is authorized to initiate legal
proceedings in any court of competent jurisdiction to compel
the owner or occupant to clean any lot or premises which is
in violation of Section 13-56 . The City Attorney is authorized
to institute legal proceedings in any court of competent juris-
diction to collect the unpaid expenses of the city assessed in
accordance with Section 13-58 of this ordinance.
Section 13-60.
Appeals from decisions of the City Manager or his
designee in the enforcement of Section 13-56 shall be heard
by the Housing Board of Appeals. To perfect an appeal, the
person notified as provided herein must request a hearing in
writing within five (5) days after the date of service of
notice. Request for hearing shall be addressed to the City
Manager of the City of Beaumont. The Housing Board of
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Appeals shall meet within five (5) days after any request
for appeal and the sole question to be determined by said
board shall be whether the lot or premises in question
contains an accumulation of trash in violation of Section 13-56.
If no violation of Section 13-56 is found Board shall
reverse the decision of the City Manager or his designee.
Section 3.
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 ordinance, and to such end the
various portions and provisions of this ordinance are declared
to be severable.
Section 4.
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 5.
Any person who violates 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 iday of , 1980.
Mayor -
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