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HomeMy WebLinkAboutORD 34-DDGrp ct SJC/—.J� AN ORDINANCE ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 16 OF THE CODE OF ORDINANCES. OF BEAUMONT, TEXAS, AND ARTICLE IV OF CHAPTER 16 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND. ENACTING, IN LIEU THEREOF, A NEW ARTICLE III OF CHAPTER 16 OF SAID CODE, PROVIDING THAT ALL BUILDINGS.AND STRUCTURES SHALL BE CONSTRUCTED AND MAINTAINED IN A RAT --PROOF CONDITION; PROVIDING THAT ALL GOODS SHALL. BE PROTECTED FROM RATS; REGULATING BUILD- INGS, STRUCTURES, LOTS, PREMISES AND THE SIDEWALKS, PARK- WAYS, DITCHES, STREETS AND ALLEYS WHICH ABUT -SUCH LOTS OR PREMISES BY PROHIBITING THE.ACCUMULATION THEREON OF MATERIALS WHICH MAY BECOME A HARBORAGE FOR RATS; AUTHOR- IZING CERTAIN OFFICIALS TO ENTER BUILDINGS AND PREMISES. TO INSPECT TO DETERMINE. THE PRESENCE OF RATS.AND TO TAKE MEASURES TO RID SUCH PREMISES OF RATS AND PROHIBITING PERSONS. FROM REFUSING ENTRY FOR SUCH PURPOSES TO SUCH OFFICIALS; PROHIBITING. THE INTERFERENCE WITH TRAPS OR POISON PLACED. BY SUCH OFFICIALS.; DECLARING BUILDINGS IN; FESTED WITH RATS. TO BE A PUBLIC NUISANCE; PROHIBITING THE ACCUMULATION OF STAGNANT WATERS.WHICH MAY BECOME A BREEDING PLACE FOR MOS.QUITOESUPON LOTS OR PREMISES; PRO- VIDING FOR THE METHOD OF TREATING OR PROTECTING SUCH WATERS; PROHIBITING THE OBSTRUCTION OF DITCHES.; PROHIB- ITING OWNERS AND OCCUPANTS OF LOTS AND PREMISES FROM PERMITTING WEEDS, GRASS AND UNCULTIVATED. PLANTS. FROM GROWING TO A GREATER HEIGHT THAN 12 INCHES ON AN AVERAGE OR IN.RANK PROFUSION UPON SUCH LOTS OR PREMISES OR UPON THE SIDEWALKS, PARKWAYS, DITCHES., STREETS AND ALLEYS WHICH ABUT SUCH LOTS OR PREMISES; PROVIDING A PENALTY; PROVIDING THAT THE CITY COUNCIL.MAY CAUSE SUCH GRASS., WEEDS AND.PLANTS.TO BE CUT DOWN AND REMOVED., IF THE OWNER FAILS TO DO SO AFTER NOTICE, AND MAY ASSESS THE EXPENSE THEREOF ON THE LOT OR REAL ESTATE UPON WHICH SUCH EXPENSE WAS INCURRED; PROVIDING THAT THE CITY COUN- CIL MAY CAUSE LOTS OR PREMISES TO BE FILLED AND DRAINED, IF THE OWNER FAILS TO DO SO AFTER NOTICE, AND MAY ASSESS THE EXPENSE THEREOF ON THE LOT OR REAL ESTATK UPON WHICH SUCH EXPENSE WAS INCURRED; DIRECTING THE MAYOR OR CITY HEALTH OFFICER TO FILE A STATEMENT OF SUCH EXPENSES. WITH THE COUNTY CLERK IN.ACCORDANCE WITH ARTICLE 4436, TEXAS REVISED CIVIL .STATUTES.; REPEALING SUBSECTION (7) OF SECTION• 22--2 OF THE CODE OF ORDINANCES. OF BEAUMONT, TEXAS.; PROVIDING.FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN DIRECT CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY.OF BEAUMONT, TEXAS: That Article III.of Chapter 16.of The Code of Ordinances of Beaumont, Texas,.and Article IV of Chapter 16 of The Code of Ordinances of Beau" mont, Texas, be, and the same are hereby, repealed, and, in lieu there- of, there is hereby enacted a new Article III of Chapter 16 of said Code, which said Article'III shall contain seventeen (17) Sections to be numbered Section 16.-11 through'Section 16-27, as hereinafter set out, and which Article III'shall read as follows: ttI . ttArticle III. Rodent Control, Mosquito Control, and Weeds. "Section 16.-11. Ratproofing required. Every building or structure now constructed or hereafter.constructed in the city shall be constructed and maintained in a rat -proof condition so as to prevent the entry of rats into and upon the premises. All buildings and struc- tures, lots and premises, shall be continuously kept by the owner, agent, tenant, lessee, person in charge, or the occupant thereof, in a clean, sanitary condition and free from rats. ttSection 16.-12. Protection of goods required. All food pro.. ducts or other products, goods, wares, and merchandise, likely to . attract or to become infested with or infected by rats, Whether kept for sale or for any other purpose, shall be so protected as to prevent rats from gaining access thereto or coming in contact therewith. ",Section 16.-13. Accumulation of rubbish, etc. It shall be unlawful for any person who shall own or occupy any building, struc- ture, lot or premises, to suffer or permit the accumulation of rubbish, trash, waste, refuse or manure, which shall or may afford food or a harboring place for rats, in or on the following placeso 1. The building, structure, lot or premises owned or occupied by such person; 2. The sidewalks, parkways and ditches which abut such lot or premises; .3. 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. ttSection 16--14. Stacking and elevating materials. It shall be unlawful for any person who shall own or occupy any lot or premises to suffer or permit lumber, boxes, barrels, loose iron, or other material that may become a harborage for rats to accumulate or remain on such or o upied lot or premises owned5Vy such person, unless the lumber, boxes, bar- rels, loose iron, or other material described above shall be placed on supports neatly stacked and elevated at least two (2) feet from the ground, with a clear intervening space between to prevent the harbor- age of rats. ttSection.16-15. Inspection. It shall be unlawful for the owner, agent, tenant, lessee, the person.in charge, or occupant of any build- ing, place, or premises, or any part thereof in this city to refuse admission to the health officer, his deputies, the director of the de- partment of health or his deputies, between the hours of 8:00 otclock -2- a.m. and 5:00 o'clock p.m. of any day when such officer or deputy has announced his intention to enter such building, place, or premises for the purpose of inspecting same to determine the presence of rats or for the purpose of setting or directing the setting of rat traps. or placing or directing the placing of rat poison or ascertaining whether the provisions of this article are being complied with; provided, at the time of such entry, such officer shall display a badge or creden- tials indicating his official. capacity or,connection with the depart- ment of health. Authority is hereby granted to such officer to so enter any such building, place or premises for such purposes. tQSection 16--16. Removal of trap or poison prohibited. It shall be unlawful for any person to destroy, tamper with, remove or change the location of any traps or poison placed by or under the direction of the health officer or the director of the department of health, or any of their deputies. "Section 16.-17. Declaration of nuisance. All buildings, structures, or parts thereof that.are infested with rats are hereby declared to be and are public nuisances, and the city health officer or the director of the department of health and each of their deputies are hereby authorized and empowered to abate the same in the manner provided by law. t4Section 16.-18. Collection of water prohibited. It shall be unlawful for the owner, the occupant, or the agent of any nonresident or absent owner or occupant of any lot or premises within the city to cause; suffer or permit the accumulation or collection of any stagnant or flowing water in which mosquitoes breed or which may become a breeding place for mosquitoes, or any other accumulation of stagnant waters except when treated or protected as hereinafter provided. The collection of waters -to which the provisions of this section shall apply are those which are at any time contained in ditches, ponds, pools, holes, depressions or other excavation, cesspools, privy vaults, fountains, basements, cisterns, tanks, shallow wells, barrels, troughs, tubs, buckets, and all similar containers, house roof gut- ters, defective flush toilet tanks, and all places where waters collect and remain stagnant. 44Section 16-19. Treatment and protection of water. The methods of treatment and protection of any such collections of waters, shall be one or more of the following or any other effective method, approved by the health officer in any particular case: 1. Screening.with wire netting of at least sixteen mesh, or any other material which will effectively prevent the ingress or -•3-- 66. egress of mosquitoes. 2. Complete emptying every seven (7) days of unscreened con- tainers, together with thorough drying and cleaning. 3. Using an approved larvicide. ¢. Covering completely the surface of the water with kerosene, petroleum or paraffin oil one time every seven (7) days. 5. Cleaning and keeping sufficiently free of vegetable growth and other obstructions, and stocking with mosquito --destroying fish; the absence of half grown larvae shall be evidence of compliance with this measure. 6. Filling or draining in accordance with the directions of the director of the department of health of the city, or his duly authorized representative. 7. Destruction of tin cans, bottles, whole or broken, tin boxes and other like containers. 8. Draining all stagnant water collected in holes, depres- sions or other excavations, or in any receptacle, standing in and upon any premises, and serving no purpose. t'Section 16.-20. Filling excavations and depressions. All ex- cavations and depressions, natural or artificial, existing upon any blocks, lots or premises of any character, whether occupied or unoccu.;• pied, must be filled with dirt or some other suitable substance, and all such premises, vacant lots, blocks or fractional parts thereof must be filled to even grade with surrounding property or premises, and drained by means of ditches, drains, or culverts leading to the street where same is paved or to gutter or -ditch where unpaved. t'Section 1&-21. Obstructing ditches. It shall be unlawful for any person to throw or deposit in any ditch in the city anything that will in any way obstruct the free flow of water through the same. "Section 16-22. Permitting growth of weeds 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 to a 'greater height than twelve (12) inches on an average, or in rank profusion. "Section 16-23. Permitting growth of weeds 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 to a greater height than twelve (12) inches on an average, or in rank pro«» fusion on: 1. The sidewalks, parkways and ditches which abut such lot or premises; �4� 2. That portion of alleys and streets, abutting such.lot or premises which lies between.the-centerlineof such alley or street and the property line of such lot or .premises . A ttSection 16.-2'¢. 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,punish,ed 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, or any' manager of such ;corp.oration shall be guilty of a misdemeanor and,upon conviction shall.be.punished as provided.in.Sec-. tion "8 of this Code.. Each day.that,any violation of'any provision of this article shall continue shall-constitute'a separate offense. ttSection 16�25 Right` of city to .fill or drain lots,. assess» went of costs. Should the owner .,of .any lot" .or premises. within the -city that.has'places.thereon where stagnant water'accumulates or which is not properly drained, fail'., or refuse., t.o ' drain .or fill such lot within ten. (10) days afternotice to, such .owner to do so, in. writing or by letter addressed to such owner at his postoffice address, or within ten (10) days after notice by publication as many as two.(2) times within ten.(10) donsecutive days in any newspaper in the city, - if personal se.rviee may'not be had as -aforesaid., or if the ownerts address be not.known, the'City`Council may by,resolution.cause such filling:or draining to be done at the expense of.the city on account of'the owner and.ass.ess the expense thereof on the real estate or lot upon which such .expense is, incurred.. ttSection 16--26 . 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 down and remove such weeds, grass or uncultivated plants within ten (10) days after notice in writ- ing or by letter addressed to such owner at his postoffice address, or by publication -as many.as.two (2) times within ten (10) consecutive days,in.any newspaper in the -city, if personal notice may not be had as aforesaid or the owner's address be not known, the City Council may by resolution cause such weeds, grass or plants to be cut down and removed at the expense of the city, on account of the said owner, and assess the expense thereof on the real estate or lot upon which such expense is incurred.. "Section 16-27. Perfection.of lien for costs. The mayor or city.health officer shall file. a.statement of expenses incurred under Section.16•-25 and Section 16-26 of this code with the county clerk, giving the amount of such expenses, the date on which such work was done, and the description of the lot or premises upon which such work was.done or improvements made. The city shall have a privilege lien on such lot or real estate upon which such work was done or improve- ments made to secure the expenditure so made, in accordance with the 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 expenditures and interest as afore. said, suit may be instituted .and recovery and 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 proof of the amount expended for such work or improvements.'T II. That Subsection ( 7 ) of Section 22.-2 of The Code of W dinances of Beaumont, Texas, be, and the same is hereby, repealed. 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 invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end various portions and provisions of this ordinance are declared to be severable. IV. That this ordinance shall be cumulative of all prbvisions of all ordinances of The City of Beaumont, except in those instances wherein the provisions of this ordinance are in direct conflict with such other ordinances, in which instances said conflicting provisions of other ordinances are hereby repealed. 196o. I PASSED by the City Council this -'�% day of November, A.D. - Mayor --