HomeMy WebLinkAboutOrdinance 2528
ORDINANCE NO. 2528
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
PROVIDING FOR A NUISANCE FOR HIGH GRASS, WEEDS OR UNCULTIVATED
PLANTS; PROVIDING FOR AN ABATEMENT PROCESS; PROVIDING FOR
COMPLIANCE BEFORE PROCESSING DEVELOPMENT APPLICATIONS; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENAL TV OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS:
SECTION 1. It shall be unlawful for any person, firm or corporation owning or in
control of any lot, tract or parcel of land, 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 ten (10) 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 traveled portion of the street. In the case of agricultural tracts of five
(5) acres or larger, this ordinance will be satisfied if the hay or grass is kept mowed to a
height no greater than ten (10) inches for a distance of 100 feet around the entire perimeter
of the tract.
EXCEPTION: The owner of a property may make a written application for a permit
to exhibit wild flowers. Such permit will be issued by the Building Official, without charge
provided the written application is submitted not later than March 31, of each calendar
year. The permit shall be limited to the blooming season of the specific wildflower named
in the permit.
SECTION 2. It shall be the duty of any person, firm or corporation owning or in
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. Whenever it is determined that a violation of this Ordinance exists the
Building Official shall give notice of such violation or alleged violation to the person or
persons responsible for such violation as follows:
1. The owner of a property shall be notified of violations of this Ordinance as follows:
A. The notice shall be given personally to the owner in writing; or
B. The notice shall be addressed to the owner at the owner's address as
recorded in the appraisal district records of Tarrant County; or
C. If the personal service cannot be obtained,
1) by publication at least once;
2) by posting the notice on or near the front door of each building on the
property to which the violation relates; or
3) by 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.
2. Any notice that is mailed to a property owner in accordance with this Ordinance, and
the United States Postal service returns the notice as "refused" or "unclaimed," the
validity of the notice is not affected and the notice is considered as delivered.
3. In a notice provided in this Ordinance, the enforcement officer may inform the owner
by regular mail and a posting on the property, that if the owner commits another
violation of the same kind or nature that poses a danger to the public health or
safety on or before the first anniversary of the date of the notice, the City without
further notice may correct the violation at the owner's expense and access the
expense against the property. If a violation covered by a notice under this
Ordinance occurs within a one-year period, and the municipality has not been
informed in writing by the owner of any ownership change, then the City may without
notice take any action and assess charges as permitted by SECTION 4.
4. The notice described in this section shall require compliance within seven (7) days
of the notice of violation.
SECTION 4. 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 clearing 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. Said charge shall include an administrative fee of $105.00
which shall be charged against the owner of the land in question and shall become a
charge against the land if not paid within 30 days of billing by the City.
The City's charge for mowing and clearing of acreage shall be $75.00 per acre. The
charge for mowing a platted lot shall be $60.00 per lot, 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. A certified copy of the lien filed in the Deed Records shall be prima
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facie proof of the charges and the reasonableness thereof as well as the validity of the lien.
SECTION 5. To enforce any requirement of this ordinance, the building official may:
1. Do the work or make the improvements required, and
2. Pay for the work done or improvements made and charge the expenses to
the owner of the property.
3. Cause appropriate action to be instituted a court of competent jurisdiction.
SECTION 6. Additional Authority to Abate Dangerous Weeds
1. City may abate, without notice, weeds that have grown higher than forty-eight (48)
inches and are an immediate danger to the health, life or safety of any person.
2. Not later than the 10th day after the date the City abates weeds under this section;
the City shall give notice as described in Section 7. The notice shall contain:
A. an identification, which is not required to be a legal description, of the property;
B. a description of the violations that occurred on the property;
C. a statement that the City abated the weeds; and
D. a statement that the property owner has the right to request an administrative
hearing concerning the abatement.
3. The City shall conduct an administrative hearing on the abatement of weeds if the
property owner files with the City a written request for a hearing no later than the
30th day after the abatement of the weeds.
4. A hearing conducted under this paragraph shall be conducted not later than the 20th
day after the date a request for a hearing is filed. The owner may testify or present
any witnesses or written information relating to the abatement of the weeds.
5. The City may assess expenses and create liens as outlined in Section 4.
SECTION 7. Before any application for change of zoning, platting or replatting
may be processed, any and all liens and charges arising under the terms of this
ordinance shall be satisfied. In addition the property will be inspected to verify that
the property is not in violation of this ordinance.
SECTION 8. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full
force and effect.
SECTION 9. Ordinance number 2310 is hereby repealed in its entirety.
SECTION 10. That any person, firm or corporation violating any of the provisions
of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed
guilty of a misdemeanor and, upon conviction in the municipal court of the City of North
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Richland Hills, Texas, shall be subject to a fine not to exceed the sum of Two Hundred
($200.00) Dollars for each offense, and each and every day said violation is continued
shall constitute a separate offense.
SECTION 11. This ordinance shall take effect immediately after its passage as the
law and charter provides in such cases.
DULY PASSED by the City Council of North Richland Hills, Texas, on the 13th day
of November, 2000.
APPROVED:
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APPROVED AS TO CONTENT:
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INVOICE
5tar- Telegram
400 w. 7th Street
?ORT WORTH, TX 76102
'~17) 390-7761
,= ederal Tax ID 22-3148254
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn: ACCOUNTS . PAYABLE
Tha!l.k You For Your Payment
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,.... \ CHRISTY L. HOLLAND
./ MY COMMISSION EXPIRES
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Customer ID:
Invoice Number:
CIT13
184737971
12/16/00
Net due in 21 days
12/31/00
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 18473797
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates: 12/15/00 -12/16/00
70
LINE
$5.80
$811.60
70
($761.20)
Net Amount:
$50.40
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