HomeMy WebLinkAboutORD 95-12 ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING AN ACCUMULATION OF
UNSIGHTLY TRASH, DEBRIS, WRECKAGE, WEEDS, RUBBISH,
BRUSH AND OTHER OBJECTIONABLE AND UNSIGHTLY OR
UNSANITARY MATTER ON PROPERTY OCCUPIED OR OWNED BY
CHARLES BENNETT; ORDERING MR. BENNETT TO CLEAN THE
LOT; AUTHORIZING THE CITY TO CLEAN THE LOT OF MR.
BENNETT IF HE DOES NOT COMPLY WITH THIS ORDER; AND
AUTHORIZING UNPAID COSTS TO BE ATTACHED AS A LIEN ON
THE REAL PROPERTY; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Mr. Charles Bennett is the occupant of three lots in the Beaumont area
and the owner/occupant of another lot adjoining such lots upon which their exists junk motor
vehicles, appliance carcasses, scrap metal, weeds,brush, debris, objectionable, unsightly and
unsanitary matter; and,
WHEREAS, Mr. Bennett has received many notices to abate these conditions; and,
WHEREAS, the existence of this condition allows the City of Beaumont to enact by
Ordinance certain orders in accordance with Section 342 of the Health and Safety Code of
the State of Texas; and,
WHEREAS, Mr. Bennett should be ordered to clean this property within ten (10)
days of notice of this Ordinance; and,
WHEREAS, if Mr. Bennett fails or refuses to clean the property as ordered, the City
should be authorized to do same, bill Mr. Bennett for such costs and, if such costs are not
paid, affix such costs as a lien on Mr. Bennett's property;
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NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
THAT in a hearing before the City Council of the City of Beaumont evidence was presented
to the City Council of the City of Beaumont concerning the existence upon the property
described as Lots 2, 3, 4, 5 and Lot 6 of Block 1, Clay Morris Addition to the City of
Beaumont, Texas of an accumulation of unsightly trash, debris, weeds, rubbish, brush, junk
motor vehicles, appliance carcasses, scrap metal and other objectionable, unsightly and
unsanitary matter. Mr. Bennett was given notice of such hearing and an opportunity to
present any information or evidence to the City Council that he desired. The City Council
hereby finds that the property described above contains an accumulation of unsightly trash,
debris, weeds, rubbish, brush, junk motor vehicles, appliance carcasses, scrap metal and
other objectionable, unsightly and unsanitary matter.
Section 2.
The Council finds that Mr. Charles Bennett is the occupier of three (3) of the above
described lots and owner/occupant of one (1) and hereby orders and requires him to clean
the lots and keep the lots free from trash, debris,weeds, rubbish,brush,junk motor vehicles,
appliance carcasses, scrap metal and other objectionable, unsightly and unsanitary matter.
Such action shall be completed within ten (10) of receipt of notice. It is directed that notice
of this Ordinance be given to Charles Bennett in accordance with Section 342.006 of the
Health and Safety Code of the State of Texas.
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Section 3.
If Charles Bennett does not comply with this Order within ten (10) days of notice of
this Order the staff of the City of Beaumont is hereby authorized to bring the lots within
compliance with the terms of this order by whatever means necessary, pay for the work done
or the improvements made and charge the expenses to Mr. Charles Bennett.
Section 4.
If Mr. Charles Bennett fails or refuses to pay the costs and expenses incurred in
cleaning the property described herein a lien is hereby assessed against the property owned
by Mr. Bennett for the expenses incurred in such clean-up work. Such lien shall act as
security for the expenditures made and interest shall accrue at the rate of 10% on the
amount due from date of payment of such costs by the Municipality.
Section 5.
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the l day
of _, 1995.
- Mayor -
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