HomeMy WebLinkAboutORD 778 - ORD Duty of Owner withing CityFree Unwholesome, Stagnant Water
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ORDINANCE NO. 778
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AN ORDINANCE MAKING IT THE DUTY OF EACH OWNER OF PROPERTY WITHIN
THE Crry OF WEST illifIVERSITY PLACE, TEXAS, TO KEEP THE SAME FREE
FROM UNWHOLESOME MATTER, STAGNANr WATER, ANY CONDITION LIABLE TO
PRODUCE DISEASE, FILTH, CARRION, IMPURE MATI'ER, WEEDS, RUBBISH,
BRUSH, TRASH, OBJECTIONABLEMATI'ER, UN'SIGHTLY MATTER, AND illif-
SANrrARY MATTER: AUTHORIZING THE CrrYHEALTH OFFICER OR HIS
REPRESENTATIVE TO INSPECT ANY SUCH~O~RTY; MAKING THE FAILURE
OF ANY SUCH OWNER TO REMEDY ANY SUCH cdNbrrIoN AFTER TEN (10)
DAYS NOTICE IN WRrrING, OR BY PUBLI-CATION OF NOTICE, IF I
PERSONAL NOTICE CANNOT BE HAD, A MISDE~OR PUNISHABLE BY
FINE OF. UP TO $200. 00 FOR EACH DAY' S VIOLATION; AUTHORIZING
THE CITY TO CAUSE THE CONDITION TO BE . CORRECTED, TO PAY
THEREFOR, TO CHARGE THE EXPENSE THEREOF TO THE OWNER O~ SUCH
PROPERTY AND TO .BE ASSESSED AGAINST THE SAME, BY FILING vHTH
THE COUNTY CLERK OF HARRIS. COUNTY A STATEMENT BY THE MAYOR
OR CrrYHEALTH OFFICER OF SUCH ExPENsEs ,mUCH' ENTITLES THE
CITY TO A PRIVILEDGED LIEN UPON SUCH PROPERTY SECOND ONLY TO
TAX LIENS AND LIENS FOR STREET IMPROVEMENTS TO SECURE THE
EXPENDITURE SO MADE AND 100/0 INTEREST ON THE AMOUNT FROM THE
DATE THE CITY PAYS SUCH EXPENSES;. AUTHORIZING THE INSTITUTION
OF SUIT AND THE RECOVERY OF SUCH CHARGES AND THE FORECLOSURE
OF SUCH LIEN IN ANY COMPETENT JURISD;I:c:'r,:r,ON; AND PROVIDING
THAT THE STATEMENT SO FILED WITH THE COUNTY CLERK SHALL BE
PRIMA FACIE PROOF OF THE AMOUNT EXPENDED IN ANY SUCH WORK.
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BE IT ORDAINED BY THE Crry COillifCIL OF THE CITY OF WEST illifIVERSITY
, PLACE, TEXAS:
1. It shall be the duty of every owner of any lot or lots, grounds, or
yards or any other places in the City of West University Place, Texas, to keep
the same free from: unwholesome matter, stagnant water, any condition liable to
produce disease, filth, carrion, trash,. weeds, rubbish, brush,impure matter,
objectionable matter, unsigh~ly matter or unsanitary matter of whatever nature.
The City Health Officer,or his representative, subject to Art. 782b of Vernon's
Annotated Penal Code is authorized to inspect any property at any reasonable
time.
2. If any owner of property as described in Section 1 hereof fails to remedy
the conditions, described in Section 1 hereof, and to correct any such con -
dition theretofore existing within ten (10) days after notice in writing
sent to such owner by letter addressed to such mmer at such owner's post
office address, or notice by publication in the official newspaper for two (2)
times within ten (10) consecutive days, if personal notice by letter may not
be had, or such owner's address be not known, then such owner shall be guilty
of a misdemeanor and may, upon conviction thereof, be fined in any sum not
exceeding $200.00 and each day such condition shall be permitted to exist or
matter be not removed from such property after the expiration of such ten days'
notice shall constitute,a separate offense.
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remedy such condition or remove such matter from such owner's premises at
the City's expense and to charge the same to the account of the owners of
such property and to assess the same against the real estate or lot or lots
upon which such expense is incurred. On filing with the County Clerk of 0
Harris County a statement by the Mayor or City Health Officer of such ex-
penses, the City of West University Place shall have a privileged lien upon I
said real estate or lot or lots second only to tax liens and liens for
street improvements to secure the expenditure so made by the City of West
University Place. Such city may institute suit'and recover such expenses
and foreclose such lien in any court of competent jurisdiction and the
statement so filed with the County Clerk or a certified copy thereof shall
be prima facie proof of the amount expended in any such work or improvements
to remedy such condition or remove any such matter.
4. This ordinance is cumulative of all~ other ordinances on the same sub-
ject and none of the same are repealed except insofar as the same are in
direct conflict with the provisions hereof.
5. The City Council of the City of West University Place, Texas, hereby
declares and finds that it would have passed the remainder of this ordinance
should any portion thereof or its application to any person or circumstances
be for any reason adjudged invalid or held unconstitutional and any such ad-
justment by a court of competent jurisdiction shall not affect this ordinance
as a whole or any part or provision thereof other than the part so decided
to be invalid or unconstitutional.
PASSED AND APPROVED THIS 9th DAY OF MAY, 1960.
COMMISSIONERS VOTING AYE
All
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COMMISSIONERS VOTING NO None
1;,4<.. ~
Mayor Pro-tem
City of West University Place, Texas
ATTEST:
L~
Assistant City Secretary
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