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HomeMy WebLinkAbout05-3447 ord3 5 2 ORDINANCE AMENDMENT- ORDINANCE NO. 05-3447 AN ORDINANCE AMENDING CHAPTER 16, NUISANCES, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE, AND EFFECTIVE DATE. WHEREAS, Chapter 16, sets forth the criteria for addressing nuisances within the city limits; and WHEREAS, from time to time it is advisable to review the ordinances that regulate all nuisances within the City of Plainview; and WHEREAS, the City Council of the City of Plainview finds that it would not be detrimental or injurious to the public health, safety or general welfare of the citizens of the City of Plainview: NOW, THEREFORE, The City of Plainview Hereby Ordains That: SECTION I Chapter 16, Nuisances, is amended as follows: Sec. 16-2. Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or "emab ......... k~.' ...... "*" "~ any '"~ m,-, to be or remain on any public property specifically, an adjoining alley, easement, or other public way, any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: a) k,~v; ......... ,~o .~,,,~ ,,,h ..... ~. ..... *-~*",-r~ Objectionable sightly grass, weeds or plants not cultivated to grow in rank profusion; Sec. 16-4. Notice and Order to Abate. Ordinance No. 05-3447 Weed Ordinance Amendment Page 1 of 7 353 (a) Upon notice to the Director of Community Development of any property not meeting the standards set forth in tlhis article, the director, or his/her designee, shall notify the property owner of the violation. (b) Unless specified otherwise, the city's notice of violation under this article shall contain the following: (1) An identification, which is not required to be a legal description~ of the property in violation of this article; (2) A description of the Code violations that occurred on the property; (3) The time period of ten (10) days after the notice date to comply with the provisions of this notice and abate the nuisance; and (4) A statement that upon the owner's failure to abate the nuisance within the time period specified the city may cause the correction and abatement work be done on its own, charging the owner for [he expense involved as set out in this article; (5) A notice that upon the owner's failure to pay the city such expense, a lien may fix on the property for the expense involved. (c) The City in the notice of a violation shall inform the owner 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 notice date, the city without further notice may correct the violation at the owner's expense and assess the expenses against the property. If a violation covered by a notice under this subsection 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 by this article to abate the violation and may assess expenses against the property owner. (d) Unless specified otherwise, the notification under this article sha, be given by using one of the following methods: (1) Personally delivering written notice; (2) Certified mail, return receipt requested; (3) If personal service cannot be obtained or the owner's post office address is unknown: (A) Publication in a newspaper of general circulation at least once; Ordinance No. 05-3447 Weed Ordinance Amendment Page 2 of 7 3:5 (e) (B) Posting the notice on or near the front door of each building on the property to which the violation relates; or (C) Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. Notices mailed to the property owner shall be addressed to the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located. If the city mails a notice in accordance with this subsection and subsection (d), and the United States Postal Service returns the notice as "refused" or "unclaimed," the notice's validity is not affected, and the notice is considered as delivered, When the known owner is a corporation, notice shall be served or addressed for delivery to the president, vice-president, or registered agent of the corporation. When the corporation shall fail to appoint or maintain a registered agent, or when its officers or registered agent cannot with reasonable diligence be found at the registered office, duplicate copies of the notice may be served on the Secretary of State by sending said duplicate copies by certified mail, return receipt requested. ,...~..., 'In"" *~,..,,.. f=i!ure ..,"'c mo.,,., person ........ ~,,..,, ,.i,..,:,.,., ko., k ........ ,4 ........ nt 'to ,.;, ............ ,4 ,,...ko,. such -' '; ....... ,4 o~,..,, ........ ..........,,..,,.'*'.*o,',.o,.* .-,c ,...,, incurred ,",. ,,~.,~';,-,n., Co;l., ,'~r fcC,,.,.., t',-, ~nmnh~ ~,;fh fh. ,4.m~n,4 C,'~r ,,-,.~mnl;on,,'.o ;n fl~. n,"~H~',. ont; m~ro~n/o~ ho~;nn o~ ~noml;o;nn nr nnnfrnl nf ~ho nrom;ooo ~,h;nh ~fof~m~n~ oholl hn 4 ~ O~ Sec. 16-5. Owner's riqht to appear and show cause. When a notice to abate or remove any nuisance that may exist upon any property is received, the owner shall have the right, within the time period designated in the abatement order, to appear and meet with the Director of Community Development or his/her designee to show cause why such order should not or cannot be complied with, and the Director of Community Development may, at his/her discretion, give such Ordinance No. 05-3447 Weed Ordinance Amendment Page 3 of 7 · 3 5 time extension for the abatement or removal of such nuisance as may be necessary as long as no immediate public health danger exists. nuis3nc~~..,~.~-~;o*~d, ,.,h;~h .~. oho,, Sec. 16-6. Abatement by city. (a) If the owner fails to request a hearing, and if abatement to City Code standards does not occur within the time period provided in this article, the city may enter upon such premises and may do such work as necessary or cause the work necessary to abate the violation to be done at the owner's expense. 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 personal liability of such person. This remedy shall be in addition to the remedy provided for in section 16- 8. (b) A statement of the costs incurred by the city to bring the property into compliance shall be mailed to the owner or any person(s) having supervision or control of such premises, if the owner or such person in control of the premises has a known mailing address, and, if not known, may be published in a newspaper of general circulation in the city. The statement shall demand payment within thirty (30) days from the date of receipt or publication. (c) If such statement has not been paid within such period, the mayor, the city heath authority, or other official designated by the mayor may file a statement of expenses incurred with the county clerk of the county stating the owner's name, if known, and the legal description ,of the lot or parcel. The statement of expenses or a certified copy of the statement shall be prima facie proof of the expenses incurred. Such statement shall be and the city shall have a privileged lien for expenditures incurred, and this lien shall be second only to tax liens and liens for street improvements, together with ten (10) percent on the delinquent amount from the date such payment is due. The city may foreclose such liens in a proceeding brought in accordance with applicable Ordinance No. 05-3447 Weed Ordinance Amendment Page 4 of 7 356 (d) law. The remedy allowed in this subsection shall not be the city's sole remedy. The city may assess to the owner of such property a charge for all work done or improvements made as is needed to bring any property into compliance with this City Code, including an administrative expense of one hundred seventy-five dollars ($175.00) per occurrence. The administrative fee will be charged per lot, tract, parcel of land, or across the adjacent sidewalk, parkway or alley, which is the city's cost in 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. ~ 4 R_~ D~n~lfi~e ~nrl li~ne ~v~ ~,~ ~h~,~ ~ll~r~ /~ ~ ~. ~n~ ~h ~, ~,,r;~ t~,h;~h o,~h ~;~l~;~n ~nn,,.n~nt n~ ant, I~f I~f~ ~r ' ~ If ~ nnfln~ ie nrn~i~ fn ~h~ n~n~r nr ~n~ n~rennle~ he~inn e~n~n~ielnn nr ~mnl;~n~ t~,;fh;n ~h~ ~ml;~l~ ~;m~ m~r;~ ~h~ll ~ ~m~ ~ ~ m~;nt~;n;n~ ~ n,,~l;~ ~ ....*" and bo the Sec, 16-8, Unlawful noncom lianc_e' fi_nes? (a) It shall be unlawful for the owner or tenant of any land within the city to knowingly, recklessly, or with criminal negligence fail to have any grass, Ordinance No. 05-3447 Weed Ordinance Amendment Page 5 of 7 3 5 7 (b) weeds, or brush mowed, cut, removed, or ,otherwise bring property into compliance with the standards set forth in section 16-2 above. Upon conviction for violation hereof, the owner shall be fined an amount no less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) provided, however, in the event a defendant has once previously been convicted under this article, the defendant shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense. SECTION II 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 III Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, subsection, sentence, provision., clause, phrase or word severable therefrom and the same shall be deemed severable for this purpose. SECTION IV This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 12th (Jay of July, 2005. PASSED AND APPROVED on second reading this 26th day of July, 2005. Joh~~ ATTEST: Belinda Hinojosa, City OVET,./~NTENT~.' j o h n C~tr~rC/e/~ct(~y~ rvices Ordinance No. 05-3447 Weed Ordinance Amendment Page 6 of 7 APPROVED AS TO FORM: -- 'e"Spear F~e--ar~e~-(~itY"~t~tOr~ey Ordinance No. 05-3447 Weed Ordinance Amendment Page 7 of 7