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HomeMy WebLinkAboutOrdinance 1392 ORDINANCE NO. 1392 AN ORDINANCE ESTABLISHING REGULATIONS FOR CONTROLLING GRASS, WEEDS, OR UNCULTIVATED PLANTS AND PROVIDING FOR THE CUTTING AND REMOVAL OF GRASS, WEEDS AND UNCULTIVATED PLANTS BY THE CITY OF NORTH RICHLAND HILLS WITH A COST INCURRED TO CONSTITUTE A LIEN, ESTABLISHING A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Be it Ordained by the City Council of the City of North Richland Hills, Texas, that: SECTION 1. It shall be unlawful for any person, firm or corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or a portion thereof, occupied or unoccupied within the corporate limits of the City of North Richland Hills to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve (12) inches on an average or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb or if there is no curb then the property shall be maintained to the travelled portion of the street. Provided, however, in the case of agricultural tracts of five acres or larger, this ordinance will be satisfied if the hay or grass is kept mowed to a height no greater than 12 inches for a distance of 100 feet around the entire perimeter of the tract. SECTION 2. It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied within the corporate City of North Richland Hills to remove or cause to be cut and removed all such grass, weeds or plants as often as may be necessary to comply with Section (1) of this ordinance. SECTION 3. In the event that the owner of any lot, tract, parcel of land, or a portion thereof, situated within the corporate limits of North Richland Hills shall fail to comply with Section (1) of this ordinance then the City Manager or his designated representative may cause such property owner to be notified of such fact by registered letter addressed to the owner's last known post office address as shown on the City tax rolls. The City of North Richland Hills shall have complied with this requirement by advising such owners of their responsibilities under this ordinance once during any given calendar year. Following the expiration of not less than ten (10) days from the date of the notice, the City of North Richland Hills may enter '.,". T' ..,,:._-."'....,'......,.. .-.'-- .~._,-. ..~ ;." .,-......, upon such premises and may do such work as necessary or cause the same to be done in order that the premises comply with the requirements set forth in Section (1) of this ordinance. The City of North Richland Hills may enter onto such premises and may do such work as necessary, or cause the same to be done, as often as violations exist without further notification to the property owner during the calendar year that the written notice was given. SECTION 4. In the event that a violation exists and the City gives notice of violation an administrative fee of $75.00 shall be charged against the owner of the land in question which shall become a charge against the land if not paid within 30 days of billing by the City. In the event that the land owner fails to abate the violation after notice, and the City enters upon the premises and does mowing or other work to bring the property in compliance, a charge will be made for mowing and cleaning the lot which shall be a charge against the owner and if not paid within 30 days of billing by the City, will become a charge against the property. The City charge for mowing and cleaning of acreage shall be $75.00 per acre. The charge for mowing platted lots shall be $60.00 per lot for mowing, plus actual cost of cleanup for vacant lots, and for lots with any type of building or structure the charge shall be $75.00 per lot for mowing, plus actual cost of cleanup. If the charge is not paid to the City within 30 days after billing, the City may file a lien upon the premises for all administrative fees and costs of abatement. Such lien shall be signed by the Mayor and shall contain a statement of charges and a total. The lien shall be filed in the Deed Records of Tarrant County, Texas. The charges shown in the lien shall bear interest at the rate of 8% per annum from due date until paid. Suit may be filed for foreclosure of such lien and a certified copy of the lien filed in the Deed Records shall be prima facie proof of the charges and the reasonableness thereof. SECTION 5. Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of this ordinance shall be satisfied. In addition the property will be inspected to ascertain that Section 1 hereof is not violated at the time of application. SECTION 6. If any article, section, subsection or paragraph of this ordinance is found to be unconstitutional, the effect of such holding by a court of competent jurisdiction shall in no way affect the validity or enforceability of any and all other remaining articles, sections, subsections, paragraphs. It is the purpose and intent that each paragraph, subsection, section and article of this ordinance be severable and independent one from another. SECTION 7. This ordinance shall be cumulative of all other ordinances of the City of North Richland Hills relating to the subject matter hereof except where such ordinances or parts hereof are in conflict with the provisions of this ordinance, in which event, such ordinances so conflicting are hereby expressly repealed. PASSED AND APPROVED this 11th day of August, 1986. ~. r;Jþ Mayor ATTEST: 9:~rY~) Attorney .' ." . , ~.¡ LEGAL AFFIDAVIT tiCE møtmHtÑ GIWJS. WEeDS.R UL TIVATEDPLANTS I)ING'FOR THE CU AND REMOVAL OF EDS AND UNCULTIVATED PLANTS BY THE CITY RICHLAND HILLS.. TEXAS. WITH A COST IN. "f0 CONSTITUTE A LIEN, ESTABLISHING A PENAL- AND AN EFFECTIVE DATE. . . Pf-S$IØ.AND Af>PROVEQ THIS 11th DAy OF AUGUST. 1986. Nt ~e Rewis ~E REWIS-CITY SECRETARY. Isl Dan EChols i . DAN ECH"OLS-MAYOR . .kDAS TO FORM AND LJ'GAþlTY: Nt. 'McE,...,. . ~ REX ..NTI...."'oruttY 'UP THE STATE OF TEXAS: COUNTY OF TARRANT . !M'MØ>N *..~ ,# Before me, the undersigned authority on this day per80nally ap- peancI Virginia Rankin known to me to be a credible perlOn, who fU'lt bein¡ Iworn. deposed and upon her oath said: That the ÍI the C . A . D 'Of the Mid...Ci ties Dai~¡ newlpa- per wmob b.. been re¡u.larlyand continuously publiahed and 01 ¡enera! circu1ation in the Citytrown of Hurst . for a period of moN than one year next preceding the firat publication of the attached Legal and that he eauaed laid notice to be publithed in uid DlWlpaper on the following date(ø). 8/l!i/86 . . '. That the attached is a true and correct copy of laid notice .. publiahed on laid date(a) in laid ~::, g~ Sworn to and subscribed before me. thia the -L day of ~t; 18 86 .. " ~. Notal'Y Public, COLLIN COUDty, Texa.