HomeMy WebLinkAboutORD 82-111 ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 13 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT
REGARDING THE GROWTH OF WEEDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING
A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 13, Sections 13-50, 13-54, and 13-55 of the Code
of Ordinances of the City of Beaumont be, and the same are hereby ,
amended to read as follows :
Section 13-50. Permitting Growth of Weeds
on Lots or Premises.
(a) It shall be unlawful and constitute an
offense and creation and maintenance of a public
nuisance for any person, firm, or corporation who
shall own or occupy any lot or premises to suffer
or permit weeds , grass or uncultivated plants to
grow upon such lot or premises within one hundred
( 100) feet of the property line of developed
property to a greater height than twelve ( 12)
inches on an average, or in rank profusion.
(b ) If it be shown that a person, firm, or
corporation has violated this section, the
defendant, upon conviction, shall be punished by a
fine of not less than fifty dollars ($50.00) nor
more than two hundred dollars ($200. 00) .
(c) Upon a second conviction for a
violation of this section, the defendant shall be
punished by a fine of not less than one hundred
dollars ($100. 00) nor more than two hundred
dollars ($200. 00) .
(d) In addition to the fines and penalties
-provided for in this section, if a person, firm,
or corporation owning any lot or premises in
violation of this section fails or refuses, after
notice, to cut such weeds, grass or uncultivated
plants, the environmental control officer may
cause such weeds, grass or uncultivated plants to
be cut in accordance with Section 13-55 of this
article.
(e) In any prosecution charging a
violation of this section, proof that the person
whose name is listed on the tax rolls of the city
as being the owner of the lot or premises found
to be in violation shall constitute in evidence
a prima facie presumption that such person is the
owner of such lot or premises; provided, however,
that such presumption may be rebutted by the
person charged with violating this section with
evidence to the contrary; and provided further
that the presumption established herein shall
have the evidentiary consequences enumerated in
Chapter 2 of the Texas Penal Code.
Section 13-54. Notice to Remove.
It shall be the duty of the environmental
control officer to notify the owner and/or agent
of any premises within the city not dedicated to
an agricultural use, and which are grown up in
weeds to a greater height than twelve ( 12) inches
or in rank profusion, to remove such weeds within
ten ( 10) days. This notice shall be in writing
and may be served on the owner or agent by handing
it to him in person, by certified mail, addressed
to such owner or agent at his post-office address,
or by publication as many as two (2) times within
ten ( 10) consecutive days.
- 2 -
i
Section 13-55. 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 13-54, the
environmental control officer is hereby authorized
to cause such weeds , grass or uncultivated plants
to be cut and removed at the expense of the city ,
on the account of said owner, and to assess the
expense thereof on the real estate or lot upon
which such expense is incurred. The expense
assessed hereunder shall riot be less than $65. 00.
The director of health is hereby authorized to
affix his signature to the statement of the
expenses incurred by the city in the cutting and
removal of the weeds, grass or uncultivated plants
cut under this section and to file said statement
of expenses as a lien against the premises which
are in violation of this article at the county
clerk' s office of this county. 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 lot or premises upon
whcch such work was done. The city shall have a
privileged lien upon such lot or real estate upon
which such work was one or improvements made to
secure the expenditure so made, in accordance with
provisions of Article 4436, Vernon' s Annotated
Civil Statutes, which lien shall be second only to
tax liens and liens for street improvements, and
such amount shall bear ten ( 10) percent interest
3 -
from the date the statement was filed, for any such
expenditure and interest as aforesaid. Suit may be
instituted and recovery by foreclosure of such lien
may be had 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 ordinance, and to such end the various pootions and provisions
of this ordinance are declared to be severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith
are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
f day of �1 ,� 19 c0,.,7 ,
Mayor -
- 4 -