HomeMy WebLinkAboutORD 92-48 ORDINANCE NO. -9,2- �
ENTITLED AN ORDINANCE AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT WITH
REFERENCE TO WEED CONTROL TO
PROVIDE FOR A DESIGNATED
ENFORCEMENT OFFICER; PROVIDE FOR
NOTICE BY REGULAR MAIL;REDUCING THE
ADMINISTRATIVE COSTS TO BE ASSESSED;
AND AMENDING THE PENALTY PROVISION;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 13, Sections 13-50(c)(d)(e); 13-51; 13-52; 13-53 be, and the same are hereby
amended to read as follows:
Section 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 fifty ($50.00) nor more
than the maximum fine prescribed by Section 1-8 of this Code for each offense.
(d) Upon a second conviction for a violation of this section, the defendant shall be
punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum
fine prescribed by Section 1-8 of this Code for each offense.
(e) In addition to the fines and penalties provided for in this section, if a person,
firm, or corporation owning any lot or premises in violation of this section fails or refuses,
after notice, to cut such weeds, grass or uncultivated plants, the designated enforcement officer
may cause such weeds, grass or uncultivated plants to be cut in accordance with section 13-
53 of this article.
Section 13-51. Enforcement.
The designated enforcement officer shall enforce the terms and conditions of this article.
Section 13-52. Notice to remove.
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, and which is in violation of
section 13-50 to remove such weeds within ten (10) days. This notice shall be in writing and
may be served on the owner or agent by handing it to him in person, by regular mail,
addressed to such owner or agent at his post office address as shown on the tax roll of the city
or by publication as many as two (2) times within ten (10) consecutive days.
Section 13-53. Right of the 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 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, 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. The expenses assessed to the owner shall be actual removal expenses, not less
than twenty-five dollars ($25), plus an administrative fee of fifty dollars ($50) to cover all
administrative costs. 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 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 (30) 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 cutting and removal
of weeds, grass or uncultivated plants 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 such work was done or improvements made to secure the expenditure
so made, in accordance with provision of Article 4436, Vernon's Annotated Civil Statutes,
which lien shall be second only to tax liens 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the—&5 -.day
of Qa� 1992.
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