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 -
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