ORDINANCE 220
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ORDINANCE NO.
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PROHIBITING COLLECTION OF GARBAGE OR TRASH AND OTHER MATERIALS
AS DEFINED THEREIN AND PROHIBITING THE GROWING OF VEGETATION
IN A MANNER IN.:;rURLOUSTO PUBLIC HEALTH AND PROVIDING'FOR THE
ELIMINATION OF SUCH CONDITION BY THE CITY AND PROVIDING A
PENALTY FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:-
I.
Unhealthy, Insanitary, Objectionable, etc., Conditions--
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. It shall likewise be unlawful for any person to per-
mit or allow holes or places on such lots where water may
accumulate and become stagnant or to permit the same to re-
main thereon.
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II.
Same--Accumulations of Garbage, Trash, etc.
It shall be unlawful 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 mat-
ter, or any composition or residue thereof, which is in an
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insanitary condition or injurious to public health.
III.
Same--Weeds or Other Vegetation.
It.shall be unlawful for any owner, tenant, lessee, agent
or occupant of any premises to permit any weeas, grass or other
vegetation to grow or remain upon any premises owned or con-
trolled by hi~, or upon any sidewalk abutting such premises,
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amount of such expenses and the date on which the work was
done or improvements made, with the county clerk and the city
shall have a privileged lien on such lot or real estate upon
which the work was done or improvements made to secure the
expenditures 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 improve-
ments. The amount of such expenses shall bear ten per cent
(10%) interest from the date such statement is filed. 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 there-
of, shall be prima facie proof of the amount expended for such
work or improvements.
VII.
Penalties.
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$).
VIII.
Repealing Clause.
All ordinances or parts of ordinance conflicting herewith
are herewith appealed.
IX.
Sev~E~Eility of Parts of Ordinances.
It is hereby declared to be the intention of the city
council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable and, if any phrase,
clause, sentence, paragraph or section of this Ordinance shall
be declared unconstitutional by the valid judgment of decree
of any court of competent jurisdiction, such unconstitutionality
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amount of such expenses and the date on which the work was
done or improvements made, with the county clerk and the city
shall have a privileged lien on such lot or real estate upon
which the work was done or improvements made to secure the
expenditures so made, in accordance with the provisions of
Article 4436, Revised Civil Statutes of Texas, which lien
shall be second only to tax liens and liens for street improve-
ments. The amount of such expenses shall bear ten per cent
(10%) interest from the date such statement is filed. For any
expenditure and interest, suit may be instituted and recovery
and forfeiture of such lien may be had in the name of the city
and the statement of expenses .so made, or a certified copy there-
of, shall be prima facie proo~ of the amount expended for such
work or improvements.
VII.
Penalties.
Any violation by any person, firm or corporation of this
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ordinance is declared to be unlawful and a misdemeanor, and
any violation thereof shall be punished by fine not exceeding
two hundred dollars (200$).
VIII.
Repealing Clause.
All ordinances or parts of ordinance conflicting herewith
are herewith appealed.
IX.
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 jurisdiction, such unconstitutionality
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shall not affect any of the remaining phrases, clauses, sen-
tences, 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.
x.
E~ecutive Date.
This Ordinance shall become effective upon passage approval
and publication in manner provided by. law.
Approved this .3 c:I day of September, 1970.
APPROVED
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Mayo
ATTEST
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City Secretary
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