HomeMy WebLinkAboutOrd 37 - weeds and grass
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ORDINAN CE !\fUlvIBEH 37.
AN OHDIlf~\NCE DECLARING V{EEDS AND GHAS8 UPON ANY LCY.l' OR
PARCEL OF GH01JND OH PH.EMISES Wll'l-rDt THE TEHEI'};OHIAL
LIMITS OF THE CITY OF WEST U1grVERSITY.PLACE A NUISANCE;
I\l1AKING I'l' THE Dli'IIY OF THE OWlifER, 1i.CtENT, 'J.1EHANT AND OC-
CUP ANT TF..ERE OF ',J:1 0 KEEP SAlvIE F'REE OJ? WEEDS J.!U\ID GRASS;'
IvIAKING,,"Il' THE DUl'Y O:W THE HEAUeH OFF'lCER TO CAUff.1:TI PROPER
N011ICE TO BE GllrBN TO .ABATE AND REMOVE SAID NUI8AlifCE;
PROVIDING FOn THE METHOD OF SEHVICE OF NOTICE; MAKING IT
,AN OFFENSE TO l"AIIJ TO ABATE SAID NUISANCE A CERTAIN TIME
tlF'l'ER l'HE PRESCRIBED NOTICE; PROVIDDJG fl'HAT EACH DAY OF
SUCH FAILURE CONSTITUTES A SEPARATE OFFENSE; PRESCRIBING
THE PROCEDURE IF SAID NUISANCE IS NOfl1 ABATED AIillJ:1ER PRE-
SCRIBED NOTICE IS GIVEN; PRESCRIBING THE DUTIES OF'THE
HEALTHOFFrCER WITH REFERENCE THEln~TO; PRESCRIBINGT}lli
PHOCEDURE OF 'r1JJ:;.~ BOARD OF COJVIMISSIOHERS IN rl'F.f]; REI>IIOVAL
OF SAID UUISANCE;PHOVIDING FOIt ESTIlVIATION OF COST OF
REMOVING SAID NUISllifCEAND FB~BINGS THEREON; PROVIDING
THE COST SIulLL BE Ilv1P 08ED, . LEVIED AND ASSESSED ON SAID
,.LOTS, PARCE:L OF GHOUND ANDPRE:M:ISES, HE SPE c'r IVELY, AND
COLLECTED BY TI-lli COLLECTOl1 OF CI1'Y TA)CFS AS A SPECIAL
TAX frB.EREON AND THA':P'SA"ME SHALL CONSTITUTE A LIEN TlU.-!.;RE-
0I\i; PROVIDING lJ'HAT SAID ASSESSI\llEN1'S SHALL BEAR LEGAL
IWfEHEST; PHOVIDING POR THE INSTITUTION OF' SUIT FOR
'l'I-:lE RECOVEHY rllHEHEOF IN 'l'HE NAME OPTF.f]; CITY AND TIIE
FOHECLOSUIlliOF S.6"ID LIEN; PROVIDING PENALTY Fon VIOLA-
TION OF SAID ORDIN;J~CE, ft~D PROVIDING THAT Siilllli TAl\E
EFF'ECT IliUtIEDIATELY. -
BE IT ORDAIlmD BY TFili BOARD OF COMMI~SIONERS OF TPj'E CITY
OF VliEST UNIVEH.SI'l'Y PLiWE:
Section 1.
" Permitting weeds, grass 01' either to grow and flourish
upon' 8-11.Y l,ot or parcel of ground or premises wi thin this
City, whether the Saine be vacant or occupied, being detri-
ment,s.l and dangerous to the health of the City, is hereby
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declared to be a nuisance and it is hereby made the duty
of th~ OV~ler thereof and of his agent and of the tenant,'
and occupant thereof, to keep the same free of such weeds
and grass by cutting the same close to the earth sl~face
and keeping the S8me cut.
In order to effect the abate-
ment B.nd removal of such weeds and grass, or either, it
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160.
is hereby made the duty of the Health Offi-cer 'whenever the
condition of any lot, or parcel of ground or any pre~tses,
or any part ther'eof' as to the grovrch of' grass and weeds
. thereon, is such in his opinion, as to be detrimental to
the public health, to cause a notice to be given to the
O\~Ler,- agent, tenant or OCCUprolt thereof to forthwith
abate and remove the same by cutting the same close to the
earth surface and burning or removing the same after being
cut. I~ the person vd~o P~s been so served with such notice
shall fail to abate and remove the same witl1in five days
from the service of such notice, he shall be deemed
guilty of a misdemeanor and each and every day th0t such
failure shall continue thereafter, shall be a sepal"'ate
offense. If such service c.8.11.l1ot be made on the person
of the O\:vner, agent, tenant or occupant of such premises
upon which such nuisance may exist, ,for the reason that
such person cannot be.~fou.11.d in Harris County (of such fact
the return of arr.r police officer on the notice shall be
conclusive evidence) then such notice shall be published
in any-newspaper published and having a general circula-
tion in said Harris County for a period of five days,' 8..."1d
if after the expiration of said five days said weeds and
grass nuisance is not abated and removed, then the Com-
rrd.ssion of said City may order the sarile removed llllder the
supervision of the Health Of'ficer, and cause the said lot,
parcel of ground, or premises to be kept free and clear of
such weeds and grass nuisance as long as the ovmer, agent
or tenant or occupant tllereof 'fails or refuses so to do.
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161..
The Commission 1'01"' the. purpose of acquiring information
and data as to the cost of removing illLd abating such
nuisance shall cause the City. Health Officer to make fI..n
estiltla.te of the cost of abating and removinG' such weeds
and grass and keeping the smne removed for the current
year or during' such portion of year as such weeds and
gl~ass are lik61~-to grow and flourish. ~rhe Health Officer
shall make a report of said probB~le cost ~~d report a
full list of all lots and preInises upon which vfeeds and
grass are allowed to ,grow, together v,;j.ththe Harne of the
owner, agent, ten'~Lt or occupant, of each lot or premises
embraced in said list, if knovm, end such other ir~orma-
tion as the COmTaission may require, and if the OViller of
any. lot or pI-emises is not kn,ow, .the same shall be
entered on said list as unlmovill. There shall be entered
on such list opposite each name or lot or prel,dses the
estimated cost of such work for the same for such period~
The COIMlission shall examine, correct and ~lter the same
_i,
and mB_Y hear~~~y person or persons lllterested therein
.
and when satisfied that the smae is correct_and i? reason-
~ble, proper and necessary, shall accept and approve the
s~e and shall order that said nuisance be abated and re-
moved and that" the amo"Lu"1.ts so found as the cost. thereof
.
shall be imposed, levied and assessed on said lots,
parcel of grounds and premises respectiv~ly~ and shall
be collected by. the Collector,.of City t;axes ~ as special
, ...
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t<ix thereon, and the sarne shalJ. he. al1.' ~onsUi\1..1.te'~ lien
~~on the said IGts, p&~8el of'grolulds and ~>emises r08-
Peer'v""l-'.T' unt41 D'~~ d
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Said assessment shall be'ar i.n-
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torest from the date such w01:k is performed -until paid
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162.
at the rate of six (6) percentum per e.nrium; and the Com-
mission may cause suit to be brought and recovery had
'thel~efor in the name of the City in any cOl,lrtof competent
jurisdiction" and the repOl.,t of the cost of said wOl~k to-
gether with the proceec1ings of the CommIssion in making
said l-evy and assessment or certified copy tb.ereof, shall
be satisfactory 13vid~nce for the recovery of a personal.
judgm.ent against the person properly chargeable' therewith
and for foreclosure of the'lien herein provided for.
Sect:'Lon 2.. "
Any person violating any of the provis:).onsor re-
quirements of this' ordinance shall be guilty of an offense,
and on conviction thereof shall be punished by a fine of
not less than One Dollar (fr~l.OO) or more than One Hund..red
Dollal"s (~~lOO~OO) for each o:ffense..
_ i
Section 3.
This ordinance shall take effect irrfinediately upon
its
passage, approval and' publication as required b~- law.
PASSED and approved this the~ day of July,
D~ 1929. -T
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