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HomeMy WebLinkAboutORD 86-104 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-53 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE THE MINIMUM CHARGE FOR CUTTING WEEDY LOTS; PROVIDING FOR SEVE RABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 13, Section 13-53, of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended to read as follows: Section 28-53: 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, 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 not be less than One Hundred Eighty-Five Dollars ($185) . The health authority 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 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 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 percent ( 10%) interest 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 portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . That 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 _� day of %� �� 1986. Mayor - - 2 -