1999H05-HEALTHORDINANCE NO. ~ ~';- ~/-~/- ~
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE
CITY OF SCHERTZ, TEXAS, CHAPTER 10, MISCELLANEOUS
OFFENSES AND PROVISIONS, ARTICLE II, IJNSANITARY,
UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES,
BE AMENDED BY REVISING SECTION 10-19, NOTICE TO
OWNER TO REMOVE OR REMEDY, AND SECTION 10-20,
REMOVAL OR CORRECTION BY CITY; AND PROVIDING A
REPEALING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION
THAT, Section 10-19 of the Code of Ordinances, City of Schertz, Texas
be amended as follows:
"Section 10-19 Notice to owner to remove or remedy
(a) When any condition described in Sec. 10-16, 10-17 or Sec. 10-18 is found to
exist upon any lot, parcel or premises in the City, the City Manager or his
designated representative shall notify the owner, agent or occupant of such
lot, parcel or premises to remove or remedy the conditions within ten (10)
days after the date of such notice. Such notice shall be in writing and shall
be served on the owner, agent or occupant in person or mailed via the United
States Postal Service to the latest known address.
(b)
The notice of violation must be given personally to the owner, agent or
occupant in writing or by letter addressed to the owner, agent or occupant at
such person's post office address v',ia the United States Postal Service. If
personal service cannot be obtained o,- the owner, agent or occupant's post
office address is unknown, notice must be given (i) by publication at least
twice within ten (10) consecutive days, (i',i) by posting the notice on or near
the front door of each building on the prop~?.rty to which the violation relates,
or (iii) by posting the notice on a placard att~:ched to a stake driven into the
ground on the property to which the violation r,91ates if the property contains
no building.
(c)
The City in the notice of a violation may inform th,e owner by certified mail,
return receipt requested, that if the owner commit.-'~ another violation of the
same kind or nature that poses a danger to public health and safety on or
before the first anniversary of the date of the notice, the City, without further
notice, may correct the violation at the owner's ex~)ense and assess the
expense against the property. If a violation covered by a notice under this
Section occurs within the one-year period, and the? City has not been
informed in writing by the owner of an ownership cflange, then the City
without notice may take any action permitted by Sec. 1~0-20, and assess its
expense as provided in Sec. 10-21 and Sec. 10-22, or SeC. 10-23.
SECTION
THAT, Section 10-20 of the Code of Ordinances, City, of Schertz, Texas
be amended as follows:
Section 10-20 - Removal or correction by City
In the event the owner, tenant, lessee, agent or occupant of any lot, parcel or
premises fails to remove or remedy any condition described in Sec. 10-16, Sec.
10-17 or Sec. 10-18 within ten (10) days after the notice ha~S been given as
provided in Sec. 10-19, unless notice is not required pursuant !(o Sec. 10-19 (c),
the City may do whatever is deemed necessary to remov(~- or remedy the
condition, or cause the same to be done, and charge the ¢;xpense incurred
thereby to the owner, tenant, agent, lessee or occupant of t',he lot, parcel or
premises, and such expenses shall be assessed against the r'eal estate upon
which the work is done. A statement of the expense incurred wi~ ~1 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. Upon the
expiration of this fifteen (15) day period, the amount of such unpaid expenses
shall bear ten percent (10%) per annum interest from the date certified by the
City Secretary."
SECTION
THAT, all ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed.
First reading approved the//g;~7# day of _~. ~ t,~ ,~ '-,¢, 1999.
PASSED, APPROVED AND ADOPTED this the/~Z/day of
1999.
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz
(SEAL OF CITY)
_¢
PUBLISHER'S AFFIDAVIT
TH E STATE O F TEXAS,
County of GuadaIupe
Before me, the undersigned autho¢/, on this date personally appeared
to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of
'Fne Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
going AD was published in said newspaper' 2 times before the return day named therein,
such publications being on the following dates:
FiEBitUAt~¥ 1~, 1999
FEBRUARY 25, 1999
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Sworn to and subsc,dbed before me, this z 6 t h
SARAH MEDRANO
Notary Pubtic, Stat~; of Te~ms
My Commissio~ Expires 07-22-2001
_ day of
FEBRUARY
A.D., 19 ~9 -
Notary Public, Guadalupe County, Texas
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of GuadaIupe
Before me, the undersigned ~-uthorft/, on this date personally appeared t .A. REYNOT. I)S
kI"lOWrl
to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
going Az) was published in said newspaper ' 2 times before the return day named therein,
such publicadcns being on the fcllc,Mng dates:
FEBRUARY 19, 1999
FEBRUARY 2b, 1999
and a newspaper copy of which is hereto attached.
Swcm to and subsc,dbed before me, this z 6 t h
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_ day of FEBRUARY
A.D., 19 99 '
Notary Public, Guadalupe County, Texas