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HomeMy WebLinkAbout98-3198NUISANCE AMENDMENT ORDINANCE NO. 98-3198 AN ORDINANCE AMENDING THE CITY OF PLAINVIEW CODE OF ORDINANCES, CHAPTER 16, NUISANCE CODE AND AMENDING SECTIONS OF THE NUISANCE CODE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAU SE; AND EFFECTIVE DATE. WHEREAS, The City Council of the City of Plainview has reviewed Chapter 16 of the City of Plainview Code of Ordinances, Nuisance and; WHEREAS, the Texas Health and Safety Code 342.004 provides municipalities with the power to require the owner of a lot within the municipality to keep the lot free from weeds, rubbish, brush and other objectionable, unsightly, or unsanitary matter; and WHEREAS, for the health, safety and welfare of the citizens of Plainview, the City Council desires to amend the provisions of Chapter 16 Sec. 16-4, 16-5, 16-6 and 16-8, in the Nuisance Chapter of the City of Plainview Code of Ordinances; and WHEREAS, the Texas Legislature has amended the Health and Safety Code {}342.006 to provide municipalities with the power to inform the owner by certified mail, return receipt requested, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality without further notice may correct the violation at the owners expense and assess the expense against the property; NOW, THE CITY OF PLAINVIEW HEREBY ORDAINS that the following article to the Nuisance Code is hereby amended: SECTION I. Sec. 16-4, Notice and Order to Abate. a. In the event that any owner or any person(s) having supervision or control of the property violates the provisions of the Code, the Director of Community Development, or his designee, shall give notice to the aforementioned persons setting forth noncompliance and ordering these persons to abate or remove the violation described in such notice, within such time as may be specified in the order. b. The City, in the notice of a violation shall inform the aforementioned persons by certified mail, return receipt requested, that if another violation of the same kind or nature that pose a danger to the public health and safety occurs on or before the first anniversary of the date of the notice, the City without further notice, will correct the violation at the owner's expense and assess the expenses Page 1 of 3 against the property. If a violation covered by a notice under this provision occurs within the one- year period and the City has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted and assess its expenses. Sec. 16-5, Abatement by the City. a. If such owner or person(s) having supervision or control of the property in questions fails or refuses to comply with the demand for compliance in the notice within (10) days of such notice or publication, the city may do such work or cause the work to be done to bring the real property into compliance with City Code. The costs, charges, and expenses incurred in doing or having such work done or improvements made to the real property shall be a charge to and be the personal liability of such person. b. A statement of the costs incurred by the City shall be mailed to the owner or any person(s) having supervision or control of the premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that the statement has not been paid within the thirty (30) day period of time provided, the City has the right to exhaust the remedies available to the City. Sec. 16-6, Administrative Fee. In addition to collection of the costs and expenses incurred by correcting the violations of the City Code, upon abatement by the City, the City shall charge the sum of One Hundred Seventy Five Dollars ($175.00) per occurrence which sum is hereby found to be the cost to the City of administering the terms of this policy. The administrative fee will be charged per lot, tract, parcel of land, or across the adjacent sidewalk, parkway or alley, which is hereby found to be the cost to the City of administering the terms of this provision. The fee can be adjusted upon annual review to correspond to the actual cost of providing the applicable services. Sec. 16-8, Penalties and Liens. a. If a notice is provided to the owner or any person(s) having supervision or control of such real property, the failure or refusal to comply with the demand for compliance within the applicable time period shall be deemed to be maintaining a public nuisance and the Director of Community Development or his designee may issue a citation in Municipal Court and/or file a lien upon and against such real property to include all costs, filing fees, charges and expenses, in addition to a charge to and be the personal liability to the owner. b. Notwithstanding any provisions of this policy to the contrary, the Director of Community Development, or his designee has the authority to issue immediate citations to persons violating any provision of this policy in the presence of said official. c. To obtain a lien against the property, the mayor or municipal official designated by the mayor must file a statement of the expenses incurred to correct the violation on the premises with the county clerk. The lien statement must state the name or the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. SECTION II Page 2 of 3 Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION III All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. SECTION V This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this the 10th day of November, 1998. ~gnn tzastro, ~-r-ector ot~ommunity Services APPROVED AS TO FORM: Wally Hatcl~, City Aitorney Page 3 of 3