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HomeMy WebLinkAboutORD 03-024 ORDINANCE NO. 03-024 ENTITLED AN ORDINANCE AMENDING THE REGULATIONS CONCERNING WEED CONTROL BY AMENDING NOTICE AND ENFORCEMENT REQUIREMENTS; 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(c) and 13-50(d) be and the same are hereby amended to read as follows: ARTICLE IV. WEED CONTROL Sec. 13-50. Permitting growth of weeds on lots or premises. (c) 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 one hundred dollars ($100.00) nor more than the maximum fine of five hundred dollars ($500.00) prescribed by section 1-8 of this Code for each offense. Section 1-8 states that it shall be unlawful for any person to violate or fail to comply with any provision of this Code. Where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine. (d) Upon a second conviction for a violation on the same property, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than the maximum fine prescribed by Section 1-8 of this Code for each offense. Section 2. That Chapter 13, Section 13-51 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 13-51. Enforcement and notice. (a) The designated enforcement officer shall enforce the terms and conditions of this article. (b) If the owner commits another violation by allowing weeds, grass or uncultivated plants to exist on the property in violation of this Article, within twelve months after the date of the notice provided for herein, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. (c) If a violation covered by a notice underthis subsection occurs within a twelve month period, and the city has not been informed in writing by the owner of a change in ownership then the city without notice may take any action permitted by Section 13-52. Section 3. That Chapter 13, Section 13-52 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-52. Notice to remove. (a) It shall be the duty of the enforcement officer to notify the owner and/or agent of any premises within the city not dedicated to an agricultural use which is in violation of Section 13-50 to remove such weeds within seven (7)days afer such notice shall be made as provided in this Article. (b) If the owner of property does not bring the property into compliance with this Article within seven (7) days after notice of a violation, the city may do the work or make the improvements required, pay for the work done or improvements made and charge the expenses to the owner of the property. (c) The notice required under this section shall be in writing and may be served on the owner or agent by; (1) handing it to him or her in person; (2) by certified mail addressed to the owner at the owner's address as recorded in the Jefferson County Appraisal District records; (3) or if personal service cannot be obtained, by publication at least once in the city's greatest circulated newspaper. (d) If the city mails a notice to a property owner in accordance with this section, and the United States Postal Service returns the notice as "refused" or "unclaimed", the validity of the notice is not affected, and the notice is considered as delivered. Section 4. 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: Sec. 13-53. Right of the city to cut weeds, assessment of costs. (a) 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 seven (7)days after notice, as provided in section 13-52; (1) 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, and to assess the expenses thereof to the owner, as shown on the tax roll of the real estate or lot upon which such expense is incurred. (2) The fee for cutting shall be billed to the owner of the premises at the rate of one cent ($0.01) per square foot, not less than twenty-five dollars ($25.00), plus an administrative fee of fifty dollars ($50.00) to cover all administrative costs. (3) A statement of expenses which includes administrative fees, incurred by the city for the cutting and removal of weeds, grass or uncultivated plants cut in accordance with this section shall be mailed to the property owner shown on the tax roll at the time of service. This statement of expenses shall, in addition to stating 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. (4) Payment is due and is considered delinquent if not received within thirty(30) days of the date on the statement of account from the City (5) 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 ($50.00) to the statement of expenses incurred by the city in the cutting and removal of weeds, grass or uncultivated plants under this section and to file said statement of expenses as a lien at the Jefferson county clerk's office against the premises which are in violation of this article. (6) The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of 10 percent annually on the unpaid balance due from the date of payment by the city. (7) 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 provision of Health & Safety Code, Section 342.007, which lien shall be second only to tax liens and liens for street improvements. (8) The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. (9) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this Article. (10) The remedy provided by this section is in addition to the remedy provided by Section 342.005 of the Health & Safety Code. (11) The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under Chapter 32, Tax Code. Section 5. That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 13-54 to read as follows: Sec. 13-54. Additional Authority to Abate Dangerous Weeds. (a) The city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety of any person. (b) Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by Section 342.006 of the Health & Safety Code. (c) The notice shall contain: (1) identification, which is not required to be a legal description, of the property; (2) a description of the violations of the ordinance that occurred on the property; (3) a statement that the city abated the weeds; and (4) an explanation of the property owner's right to request an administrative hearing related to the city's abatement of the weeds. (d) The Clean Community Department Director or his designee shall conduct an administrative hearing on the abatement of weeds under this section if the property owner files with the city a written request for a hearing within thirty (30) days of the date of the notice required under this section. (e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. (f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 342.007 of the Health&Safety. A lien created underthis section is subject to the same conditions as a lien created under Section 342.007 of the Health & Safety Code. (g) The authority granted a city by this section is in addition to the authority granted by Health & Safety Code, Section 342.006. Section 6. 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 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of March, 2003. ayor Evelyn M. Lord -