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85-H-12 GROWING VEGETATION ORDINANCE NO. 8'5- M - J'J.., AN ORDINANCE PROHIBITING THE GROWING OR MAINTAINING OF VEGETATION OR RUBBISH IN A MANNER THAT IS CONSIDERED A PUBLIC NUISANCE OR A THREAT TO PUBLIC SAFETY; 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 VIOLATION. WHEREAS, the City Council of the City of Schertz, Texas, declares that there is a need to control the growing or maintaining of vegetation or rubbish to abate a public nuisance and threat to public safety; and WHEREAS, the uncontrolled growth or maintenance of vegetation or rubbish is a public nuisance and a threat to public safety; and WHEREAS, the health, safety and welfare of all the citizens of Schertz is a concern; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I In all developed areas of the City of Schertz, whenever and wherever uncontrolled vegetation or rubbish shall exist, covering or partially cover ing the surface of any lot or parcel, such condition is declared to be a public nuisance and/or a threat to public safety, the prompt abatement of which is a public necessity. All property within a developed area within the City shall be kept completely free and clean of uncontrolled vegetation and rubbish. SECTION II In other areas of the City, that portion of any lot or parcel of land within fifty feet of any open street or road or which is within seventy-five feet of any building shall be kept completely free and clear of uncontrolled vegetation or rubbish. Whenever and wherever uncontrolled vegetation or rubbish shall exist, covering or partially covering this portion of any lot or parcel, which is not a developed area, such condition is hereby declared to be a public nuisance and/or a threat to public safety, the prompt abatement of which is a public necessity. SECTION III It is the duty and responsibility of the owner, tenant, lessee, agent or accupant of any lot or parcel of proerty within the City to keep and maintain their properties in compliance with the above standards. SECTION IV The word "lot" or "parcel" for the purpose of this ordinance is defined and considered as: "Lot/parcel shall have their ordinary meaning but shall include, in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curb line of adjacent streets and, where no curb exists, to the existing street surface. The word "lot" or "parcel" shall also include all land lying between the property line of any lot or parcel and the center of adjacent alleys." SECTION V Whenever any condition described in Sections I, II, III or IV of this ordinance is found to exist upon any lot, parcel, or premises in the City, the City Manager or hls designated representative shall notify the owner, agent or accupant of such lot, parcel or premises to remove or remedy the conditions within ten (lO) 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 to the latest known address. In the event personal service cannot be had and the address is not known, such notice shall be published no less then one time in a newspaper that has general circulation within the City of Schertz, Texas. SECTION VI 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 Sections I, II, III, or IV within ten (IO) days after notice has been given as provided in Section V, 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, agent, lessee, or occupant of the lot, parcel, or premises and such expense shall be assessed against the real estate upon which the work is 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. Upon the expiration of this fifteen (l5) day period, the amount of such expenses if unpaid, shall bear ten percent (IO%) per annum interest from the date certified by the City Secretary. SECTION VII In the event no collection can be made by the City of expenses incurred in removing or remedying any of the conditions described in sections I, II, III or IV of this ordinance, and before and after a lien is filed against such property, the City shall have the right to impose the following restrictions on such property until such lien is cleared. a. No building permit of any type will be issued by the City to include building improvement, remodel- ing or modification. b. A $25 fee will be levied against the violator as an administrative fee to cover the costs of filing a lien against the property. SECTION VIII The City Manager or the designated representative of the City shall file a statement of expenses incurred under Section VI, stating the amount of such expenses and the date of which the work was accomplished or improvements made, the amount to include the administrative costs of filing the lien with the County Clerk, and the City shall have a privileged lien on such lot or real estate upon which the work is done or improvement made to secure the expenditures so made, in accordance with the provisions of Article 4435, VACS, which lien shall be second only to tax liens and liens for street improvements. For any expenditure and interest, suit may be instituted for recovery and forfeiture of such lien may be had in the name of the City; and the statements of expenses so made, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. SECTION IX 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 a fine of not less than forty dollars ($40) or more than one thousand dollars ($1000). Any person in violation of this ordinance, 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 condition prescribed in Sections I, II, III or IV. SECTION X ReFealing Clause. All ordinances or parts of ordinances conflicting herewith are hereby repealed. SECTION XI Severability of Parts of Ordinance. It is hereby declared to be the intention of the City Council that 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 judgement or degree of any Court of Competent jurisdiction, 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. APPROVED on first reading the_ tkday of ~"Ll-rJ- , 1985. PASSED, APPROVED AND ADOPTED this the 1D day of 1985. , ATTEST: