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HomeMy WebLinkAboutORD 72-6LN/ h / 1 / 11 / 7 2 ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING SECTIONS"i 16-22, 16-23, 16-26 AND 16-27 OF THE COD, OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, SAID SECTIONS DEALING WITH WEED CONTROL, AND SUBSTITUTING ARTICLE II OF CHAPTER 12A OF THE CODE -OF ORDINANCES OF THE CITY OF BEAUMONT; MAKING PERMITTING THE GROWTH OF WEEDS ON LOTS OR PREMISES UNLAWFUL AND PROVIDING EXCEPTIONS; MAKING THE PERMITTING OF THE GROWTH OF WEEDS ON SIDEWALKS AND PARKWAYS UNLAWFUL AND PRO- VIDING EXCEPTIONS; PLACING THE DUTY ON THE OWNER OR OCCUPANT OF PREMISES TO CUT AND REMOVE ALL WEEDS IN COMPLIANCE WITH THIS ORDINANCE; PLACING ENFORCEMENT IN THE ENVIRONMENTAL CONTROL OFFICE; REQUIRING WRITTEN NOTICE TO REMOVE WEEDS; GRANTING THE CITY THE RIGHT TO CUT WEEDS AND ASSESS THE COSTS AS A LIEN AGAINST THE LAND; PROVIDING A PENALTY; AND PROVIDING FOR SEVER- ABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: 1. The following sections of the Code of Ordinances of the City of Beaumont, Jefferson County, Texas, are hereby repealed: 16-22, 16-23, 16-26 and 16-27. 2. Chapter 12A of the Code of Ordinances of the City of Beaumont is hereby amended by adding the following sections after Section 12A-11 of Article I to read as follows: "ARTICLE II. WEED CONTROL 11Sec. 12A-12. Permitting growth of weeds on Lots or premises unlawful. "It shall be unlawful for any person 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 100' of the property line of developed property to a greater height than twelve (12) inches on an average, or in rank profusion. D- 7,2— 6 i- o75-- 7a / 7 11 "Sec. 12A-13. Permitting growth of weeds on sidewalks, parkways, etc., unlaw u . "It shall be unlawful for any person who shall own or occupy any lot or premises to suffer or permit weeds, grass, or uncultivated plants to grow to a greater height than twelve (12) inches on an average, or in rank profusion on: (1) the sidewalks, parkways and ditches which abut such lot or premises; (2) that portion of alleys and streets abutting such lot or premises which lies between the centerline of such alley or street and the property line of such lot or premises. "Sec. 12A-14. Duty to remove weeds. "It shall be the duty of any owner or occupant of any premises to cut and remove all such weeds as often as may be necessary to comply with the preceding sections, and to use every precaution to prevent the same growing on such premises so as to become a nuisance. "Sec. 12A-15. Duty of environmental control officer - "The environmental control officer shall enforce the terms and conditions of Article II of Chapter 12A of the Code of Ordinances of the City of Beaumont, Texas. "Sec. 12A-16. Notice to remove. "It shall be the duty of the environmental control officer of the City of Beaumont 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 pro- fusion, to remove such weeds within fifteen (15) days. This notice shall be in writing and may be served on the owner and/or agent by handing it to him in person, by certified mail, addressed to such owner and/or agent at his post office address, or by publication as many as two (2) times within ten (10)"consecutive days. -2- ck�7; "Sec. 12A-17. Right of 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 fifteen (15) days after notice, as provided herein, the environmental control officer is hereby authorized by this ordinance 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 City health officer is hereby authorized to affix his signature to the statement of the expenses incurred by the City of Beaumont in the cutting and re- moval 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 ordinance 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 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, Revised 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 a statement of expenses so made as aforesaid, ora certified copy thereof, shall be prima facie evidence of the amount expended for such work or improvements. "Sec. 12A-18. Penalty, persons responsible. "Any person who shall violate any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction shall be pun- ished as provided in Section 1-8 of this Code. In the event that a corporation shall be the owner or occupant of any lot or premises and shall violate any .provision of this Article, the president, vice-president, secretary, treasurer. -3- or any manager of such corporation shall be guilty of a. misdemeanor and upon conviction shall be punished as provided in Section 1-8 of this Code. Each day that any violation of any provision of this Article shall continue shall constitute a separate offense." 0 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 in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED by the City Council this the day of 1972. - Mayor - -4- or any manager of such corporation shall be guilty of a. misdemeanor and upon conviction shall be punished as provided in Section 1-8 of this Code. Each day that any violation of any provision of this Article shall continue shall constitute a separate offense." 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 in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED by the City Council this the day of 19 72 . Mayor - un aw u . ''It shall be unlawful for any person who shall own or occupy any lot or premises to suffer or permit weeds, grass, or uncultivated plants to grow to a greater height than twelve (12) inches on an average, or in rank profusion on: (1) the sidewalks, parkways and ditches which abut such lot or premises; (2) that portion of alleys and streets abutting such lot or premises which lies between the centerline of such alley or street and the property line of such lot or premises. "Sec. 12A-14. Duty to remove weeds. "It shall be the duty of any owner or occupant of any premises to cut and remove all such weeds as often as may be necessary to comply with the preceding sections, and to use every precaution to prevent the same growing on such premises so as to become a nuisance. "Sec. 12A-15. Dut of environmental control otticer. "The environmental control officer shall enforce the terms and conditions of Article II of Chapter 12A of the Code of Ordinances of the City of Beaumont, Texas. "Sec. 12A-16. Notice to remove. "It shall be the duty of the environmental control officer of the City of Beaumont 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 pro- fusion, to remove such weeds within fifteen (15) days. This notice shall be in writing and may be served on the owner and/or agent by handing it to him in person, by certified mail, addressed to such owner and/or agent at his post office address, or by publication as many as two (2) times within ten (10) consecutive days. -2- "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 fifteen (15) days after notice, as provided herein, the environmental control officer is hereby authorized by this ordinance 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 City health officer is hereby authorized to affix his signature to the statement of the expenses incurred by the City of Beaumont in the cutting and re- moval 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 ordinance at the County Clerks 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 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, Revised 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 a 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. "Sec. 12A-18. Penalty, persons responsible. "Any person who shall violate any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction shall be pun- ished as provided in Section 1-8 of this Code. In the event that a corporation shall be the owner or occupant of any lot or premises and shall violate any provision of this Article, the president, vice-president, secretary, treasurer. M11 ENTITLED AN ORDINANCE REPEALING SECTIONS;' 16-22, 16-231 16-26 AND 16-27 OF THE COD OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, SAID SECTIONS DEALING WITH WEED CONTROL, AND SUBSTITUTING ARTICLE II OF CHAPTER 12A OF THE CODE OF ORDINANCES OF -THE CITY OF BEAUMONT; MAKING PERMITTING THE GROWTH OF WEEDS ON LOTS OR PREMISES UNLAWFUL AND PROVIDING EXCEPTIONS; MAKING THE PERMITTING OF THE GROWTH OF WEEDS ON SIDEWALKS AND PARKWAYS UNLAWFUL AND PRO- VIDING EXCEPTIONS; PLACING THE DUTY ON THE OWNER OR OCCUPANT OF PREMISES TO CUT AND REMOVE ALL WEEDS IN COMPLIANCE WITH THIS ORDINANCE; PLACING ENFORCEMENT IN THE ENVIRONMENTAL CONTROL OFFICE; REQUIRING WRITTEN NOTICE TO REMOVE WEEDS; GRANTING THE CITY THE RIGHT TO CUT WEEDS AND ASSESS THE COSTS AS A LIEN AGAINST THE LAND; PROVIDING A PENALTY; AND PROVIDING FOR SEVER - ABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: 1. The following sections of the Code of Ordinances of the -City of Beaumont, Jefferson County, Texas, are hereby repealed: 16-22, 16-233 16-26 and 16-27. 2. Chapter 12A of the Code of Ordinances of the City of Beaumont is hereby amended by adding the following sections after Section 12A-11 of Article I to read as follows: "ARTICLE II. WEED CONTROL 11Sec. 12A-12. Permitting growth of weeds on Lots or premises unlawful. "It shall be unlawful for any person 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 100' of the property line of developed property to a greater height than twelve (12) inches on an average, or in rank profusion.