1975H33
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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.
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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:
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~" . r ~, k'1.Q~vV-
Secretary, City of Schertz
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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
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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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Subscribed and sworn to before me this the u__m_m_'u.?~_t0._____.._,___,________u__u,_ day of
__'_u__um______m~gp_t.._'m__..__m' 190001.5_.
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"_____~ _ _ __ _ _u__ _~':-d__ _ ~_Q__.\_____.._ ___._....~
Notary Public in and for
_u,u~j!_lJ9,9,gJ_l..g~~__m_m_..uu'm,_ County, Texas
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