HomeMy WebLinkAboutORD 92-49 ORDINANCE NO. 29-
ENTITLED AN ORDINANCE AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT CONCERNING
LITTER CONTROL AMENDING
DELINQUENCY PROVISIONS AND EXPENSE
ASSESSMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL
AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 13, Sections 13-72 and 13-73 be and the same are hereby amended to read
as follows:
Section 13-72. Fines and penalties.
(c) In addition to the fines and penalties provided for in this section, if a person
owning or occupying land or property fails to remove litter, trash, garbage or waste from the
property within ten (10) days after notice as provided in Chapter 342, Subchapter A 342,006
of the Revised Civil Statues of Texas, the city is hereby authorized to cause such litter, trash,
garbage, or waste to be removed with the expenses of cleaning and removal to be payable by
the owner or occupant of the property.
Section 13-73. Assessment of Cost; remedy by the city.
The city shall assess to the owner or occupant of the property actual cleaning and
removal expenses, not less than twenty-five dollars, ($25), plus an administrative fee of fifty
dollars ($50). A statement of expense which includes administration fees, incurred by the city
in the cleaning and removal of any litter, trash, garbage, or waste under this article shall be
mailed to the property owner as shown on the tax roll at the time of service. The 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. Payment is due and is considered delinquent if not received by the city within thirty (3)
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 dollars ($50) to the
statement of expenses incurred by the City in the cleaning and removal of any litter, trash,
garbage or waste 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
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such work was done or improvements made to secure the expenditure so made, in accordance
with provisions of Article 4436, Vernon's Civil Statues, which lien shall be second only to tax
Hens 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 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 COUNCII of the City of Beaumont this the ,day
of 1992.
- Mayor -