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HomeMy WebLinkAboutOrdinance 2310 ORDINANCE NO. 2310 WHEREAS, the growth of grass, weeds or uncultivated plants in excess of ten (10) inches in height upon lots and tracts of land within the City limits constitutes a nuisance and a hazard to the health and safety of the City and its inhabitants. NOW THEREFORE, 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 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. Provided, however, 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. Provided, however, that an exception is made for the owner of a written permit to exhibit wild flowers. Such permit will be issued by the inspection department, without charge, upon application made 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. In the event 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 Building Official of the City or his designated representative may cause such property owner to be notified of such fact by certified or 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, or authorized representative, may enter upon such premises and may do such work as necessary or cause the same to be done in order that the 1 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. "Such work as necessary" is not limited to mowing but shall include removal of stumps or other obstacles which inhibit, to any extent, the mowing and clearing of the premises. The fact that grass and weeds in excess of 10 inches in height constitute a continuing fire hazard makes it imperative that the Building Official gain entry to offending property for the purpose of abating the fire hazard. Therefore, the building official is given such legal power of entry for these purposes after the notice called for in Section 3 is given. 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 facie proof of the charges and the reasonableness thereof as well as the validity of the lien. 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. Allowing property to violate Section 1 of this ordinance shall constitute a misdemeanor on the part of the owner or person in control of the property and a fine of not in excess of $200.00 shall be imposed for the violation. Each day of violation shall be a separate offense. 2 SECTION 7. 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 8. 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. Ordinance No. 1392 is repealed and replaced by this Ordinance. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication of its caption. PASSED AND APPROVED this 27th day of July, 1998. c~f¿ ¿;~- ATTEST: ~aørdæ~ q:icia Hutson, City Secretary R APPROVED AS TO CONTENT: B73~, kj3~~nspections 3 Star~elegram FED. 1.0. NO. 22-3148254 400 W. SEVENTH STREET. FORT WORTH, TEXAS 76102 AD ORDER NO. 13480453 ACCOUNT NO. CIT13 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: AMOUNT ORDINANCE NO. 23 1358 08/07 2x 40L 80 .36 28.80 L_wÞ', ~~~~ SlP~~Co~ntC;:S5i"o'~WORN TO BEFORE ME, THIS THE 10thDAY OF . AUGUST ,1998 . tI.~1'7~icJ::"oUt~'=:; \ _--..~'~\\, ...."..".."1 ~.-I\ µ¿ I ~ 151 Charles scoma, Mayor Þ.~~;Þ·""··~~;-.111 RHONOA R. GOKE ~Notary Publl'c . . ß~. ~ Attest: 151 p/ItrICia Hutson. - ,. , . .. ~::ro~~r:~~ Form Bnd Le- ~\~.......$J COMMISSION EXPIRES $ It~Mc. Entire, # ¡;rr.~'''''''i.o/ SEPTEMBER 8, 1999 , TARRANT COUNTY, TEXAS CI~~«~ #~~~,~,~.."....,..,# PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ~ TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ~