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1975H33 , ' -, ORDINANCE NO. 7..5--11- 33 AN ORDINANCE PROHIBITING THE ACCUMULATION OF GARBAGE OR TRASH AND OTHER MATERIALS AS DEFINED HEREIN, PROHIBITING THE GROWING OF VEGETATION IN A MANNER INJURIOUS TO PUBLIC HEALTH, PROVIDING FOR THE ELIMINATION OF SUCH CONDITION BY THE CITY, PROVIDING A PENALTY FOR VIOLATION THEREOF, PROVIDING FOR THE CITY TO COLLECT FOR ANY EXPENSE INCURRED FOR SUCH VIOLA- TION, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Schertz, Texas, finds a need to revise existing Ordinance No. 220, and WHEREAS, the need for additional enforcement power of an ordin- ance to insure the health and safety of the citizens of this community has become necessary, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I - Stagnant Water. It shall be unlawful for any person to permit or allow the accumulation of stagnant water on any lot owned or occupied by him within the City or to permit stagnant water to remain thereon. SECTION II - Accumulation of Garbage, Trash, etc. It shall be un- lawful for any person to cause or permit to be or remain in or upon any premises under his control any garbage, trash, rubbish or animal, vegetable or mineral matter, or any composition or residue thereof, which is in an unsanitary condition or injurious to public health. SECTION III - Weeds or Other Vegetation. It shall be unlawful for any owner, tenant, lessee, agent or occupant of any lot or premises to permit any weeds, grass or other vegetation to grow or remain upon any premises owned or controlled by him, or upon any sidewalk abutting such premises, so as to become offensive or emit foul or noxious ordor, or become a breeding place for flies or insects, or to become in any way injurious to the public health. SECTION IV - Notice to Owner of Premises to Remove or Remedy. Whenever any condition described in Section I, II or III of this Ordinance is found to exist upon any lot or premises in the City, the City Manager or Health Officer shall notify the owner of such lot or premises to remove or remedy the conditions within ten (10) days after the date of such notice. Such notice shall be in writ- ing and shall be served on the owner in person or mailed to him at his latest known address. In the event personal service cannot be had and the owner's address is not known, such notice shall be published at least one time in a newspaper that has general circulation within the City of Schertz, Texas. SECTION V - Removal or Correction by City--Generally. In the event the owner tenant, lessee, agent, or occupant of any lot or premises fails to remove or remedy any condition described in Sections I, II or III within ten (10) days after notice has been given as provided in Section IV, the City may do whatever is necessary to remove or remedy the condition, or cause the same to be done, and charge the expense incurred thereby to the owner, tenant, lessee, agent or occupant of premises and such expense shall be assessed against the real estate upon which the work was done. A statement of the expense incurred will be certified by the City Secretary and sent to the violator of this ordinance. That person will' be given a period of fifteen (15) days for total reimbursement to the City. At the end of the fifteen (15) day period, the amount of such expenses, if unpaid, shall bear ten percent (10%) per annum interest from the date of certification by the City Secretary. , ' . ' . '. -,.';:. ...., ". ., SECTION VI - Restrictions. In the event no collection can be made by the City of expenses incurred in removing or remedying any conditions described in Sections I, II, or III, and before and after a lien is filed against such pro- perty, the City shall have the right to impose the following restrictions on such property, until such lien is cleared. A. If the property is an empty lot, no building permit of any type will be issued by the City. B. If the property is a lot with building improvements, no remodeling or modification or improvement permit will be issued by the City. C. A sum of $5.00 for administrative cost will be levied against the violator and another $5.00 charge will be added for the filing of a lien against the property, if a lien is filed. SECTION VII - Statement of Expenses: Lien for and Interest on Expenses: Suit to Collect Expenses. The City Manager, or Health Officer of the City shall file a statement of expenses incurred under Section V, giving the amount of such expenses and the date of which the work was done or improvements made, the amount to include aforementioned administrative and lien filing fees, with the County Cl erk and the City shall have a pri vi 1 edged 1 i en on such,lot or real estate upon which the work was done or improvement~, J~de to secure the ex- penditures so made, in accordance with the provisions of Article 4436, Revised Civil Statutes of Texas, which lien shall be second only to tax liens and liens for street improvements. For any expenditure and interest, suit may be instituted and recovery and forfeiture of such lien may be had in the name of the City and the statement of'expenses so made, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. SECTION VIII. Penalties. That any violation by any person, firm or corporation of this ordinance is declared to be unlawful and a misdemeanor, and any violation thereof shall be punished by fine not exceeding two hundred dollars ($200.00). Any person in violation of this ordinance, as stated 'in Sections VII, and' having paid a fine assessed for such violation, shall not be relieved of the expense incurred by the City in removing or remedying the condi- tions prescribed in Section I, II or III. SECTION IX. Repealing Clause. All ordinances or parts of ordin- ances conflicting herewith are hereby repealed. SECTION X. Severability of Parts of Ordinances. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment of decree of any court of competent juris- diction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION XI. The public importance of this measure constitutes and creates an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and shall take effect and be in force imme- diately upon and after its passage. PASSED, APPROVED AND ADOPTED this the Lt. -dday of j1if-:t;~x.J A3:,ff: ~.,L-J Mayor, City of Sc ertz, Texas , 1 975. ATTEST: ,... . \J ~" . r ~, k'1.Q~vV- Secretary, City of Schertz " .. THE STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ On this, the 16th day of September, 1975, at 7:00 o'clock P.M. the City Council of the City of Schertz, Texas, convened at a regular meeting at the regular meeting place in the Municipal Building of said City in the City of Schertz, Texas, whi ch meeting was at all times open to the public, and at which meeting the following members were present, to-wit: ROBERT C. BUEKER NELL G. FUNK MAYOR ALDERt~OMAN ~~~X~XXXXXXXXXXXXXXXX~~~~~~XMX WALTER F. SCHNEIDER ALDERMAN ALDERMAN ALDERWOMAN DONALD J. SEEBA ALDERMAN AND ED L. SHARPE GAIL HYATT ABSENT: JUNE G. KRAUSE DENNY L. ARNOLD CITY SECRETARY CITY MANAGER There being a quorum present, the meeting was called to order by the Mayor; and, among other proceedings had were the following: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Councilmember Hyatt moved that said ordinance be considered by the Council as an emergency mea- sure, which motion was seconded by Councilmember Schneider Whereupon said motion was fully discussed and considered. The Major put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES; Mrs. Funk, Mr. Schneider, ~1r. Sharpe and t.1rs. Hyatt. NAYS: None , . The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Council= member Hyatt and seconded by Councilmember Schneider that said ordinance be finally passed and adopted. The Mayor put the motion ,to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mrs. Funk, Mr. Schneider, t1r. Sharpe and Mrs. Hyatt. NAYS: None PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned authority, on this day personally appeared'm._____, __m____ _'mnm__'nmm_Q~_0,?:__QT_~_~h_~_~_u___m_m_um_mu'm_u_mm____u' who being duly sworn says that he (she) is fhe '__;____my1?:~~_~_~_b~Tunu_umu___'mm'_____._,u_, of .m~!:_e:_..y~}.~~y...,J:l:~~_~_..___m___' a weekly newspaper published at _um___nmm'uu___m_~_~~~_~_~_un_u_u_umunu'm_m_u'_' in said county and state and that m_m_______.'m___m_____..__m. ___m..uuu___I!.~~~_?_~m___..u____.._u..____....m ___00' a copy of which is hereto attached, was published in said newspaper on ______m,m_mm___,_._ Sept. 25, 1975 ------~&+------------------. 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