HomeMy WebLinkAboutPO 6180: AMENDING ARTICLE III, CHAPTER 34, SECTION 81, OF CODE OF ORDINANCES PERTAINING TO WEEDS AND WILD EXCESSIVE GROWTH OF VEGETATION, AND ARTICLE VIII HOUSING CODE 1
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MEMORANDUM
Va.t/ Mayor, City Council, and City Manager
From: Valecia R. Tizeno, City Attorney
Date: October 10, 2011
Subject: P. O. No. 6180; Council Meeting October 18, 2011
Attached is P. O. No. 6180 amending Article III, Chapter 34,
of the Code of Ordinances, as it pertains to weeds and wild
excessive growth of vegetation, and Article VIII (Housing Code),
Section 18 -382, as it pertains to amendments to the Code.
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Attachment
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P.O. No. 6180
10/10/2011 is
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE III, CHAPTER
34, SECTION 81, OF THE CODE OF ORDINANCES,
AS IT PERTAINS TO WEEDS AND WILD EXCESSIVE
GROWTH OF VEGETATION, AND ARTICLE VIII
(HOUSING CODE), SECTION 18 -382, AS IT
PERTAINS TO AMENDMENTS TO CODE
WHEREAS, Section 81, Article III, Chapter 34 of the Code of
Ordinances has been amended only twice since codification in
1961; and
WHEREAS, on April 17, 2001, per Ordinance No. 01 -14,
Section 34 -88 as it pertained to the Economic Incentive Program
was amended and on November 25, 2003, per Ordinance No. 03 -055,
Section 34 -81 as it pertained to the permitting of growth of
weeds and lots on premises; and
WHEREAS, the responsibility of overseeing and
implementation of the Environmental Health Division, Section 34,
Subsections 81 -88 of the Code has been transferred from the
Director of Community Services to the Director of the Health
Department; and
WHEREAS, the City has instituted a Collections Department
to be maintained by the Legal Department; and
WHEREAS, it is deemed in the best interests of the citizens
to amend Chapter 34, Article III, of the Code of Ordinances,
III
Subsections 81 -88, and Chapter 18, Article VIII (Housing Code),
Section 382, Subsection 107.2(6) and Subsection 110.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That Sections 34 -81 through 88, Article III,
Chapter 34 of the Code of Ordinances as it pertains to Weeds and
Wild Excessive Growth of Vegetation are hereby amended as
follows:
"Section 34 -81. Permitting growth of weeds on lots or
premises.
(a) It shall be unlawful and constitute an offense and
creation and maintenance of a public nuisance for any
person who shall own or occupy any lot or premises to
suffer or permit weeds, grass or uncultivated plants
other than trees to grow upon such lot or premises
within 100 feet of the property line of developed
property, residential or commercial structure, or any
developed street right -of -way, to a greater height
than twelve inches (12 ") on an average.
(b) It shall be unlawful, and constitute an offense and
creation and maintenance of a public nuisance, for any
person who shall own or occupy any lot or premises to
suffer or permit weeds, grass or uncultivated plants
other than trees to grow to a greater height than
twelve inches (12 ") on that portion of street or alley
right -of -way which abuts such lot or premises between
the centerline of such right -of -way and the property
line of such lot or premises.
(c) It shall be unlawful, and constitute an offense and
creation and maintenance of a public nuisance, for any
person who shall own or occupy any lot or premises to:
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(1) suffer or permit weeds, grass, uncultivated
plants or trees to grow in roadside ditches such
that the flow of storm water is impeded;
(2) suffer or permit same to block the entrances to
driveway culverts, sidewalk culverts or throats
of catch basins; or
(3) fail to keep ditches and culverts free of debris
or any other obstacle that will prevent the free
flow of water.
(d) Rights -of -way meeting any of the following shall not
be the responsibility of the abutting owner or
occupants:
(1) Ditches exceeding a depth of four feet (4') or
ditches that would create an undue hardship on
the property owners as determined by the city
manager or his designee;
(2) Rights -of -way which governmental entities have a
contractual or legal obligation to maintain;
(3) Major arterial streets as determined by the city
manager or his designee;
(4) Unpaved dedicated street rights -of -way;
(5) Street medians;
(6) Property owned in fee by the city.
(e) If it is shown that a person has violated this
section, the defendant, upon conviction, shall be
punished by a fine of not less than $50.00, nor more
than $500.00 for each offense.
(f) Upon a second conviction for a violation of this
section, the defendant shall be punished by a fine of
not less than $100.00, nor more than $500.00 for each
offense.
(g) In addition to the fines and penalties provided for in
this section, if a person owning any lot or premises
in violation of this section fails or refuses, after
notice, to cut such weeds, grass or uncultivated
plants, the designated enforcement officer may cause
such weeds, grass or uncultivated plants to be cut,
and the defendant shall be billed accordingly as
delineated in section 34 -87.
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(h) In any prosecution charging a violation of this
section, proof that the person whose name is listed on
the tax rolls of the city as being the owner of the
lot or premises found to be in violation shall
constitute in evidence a prima facie presumption that
such person is the owner of such lot or premises;
provided, however, that such presumption may be
rebutted by the person charged with violating this
section with evidence to the contrary; and provided
further that the presumption established in this
subsection shall have the evidentiary consequences
enumerated in V.T.C.A., Penal Code §2.01 et seq.
Sec. 34 -82. - Inspection to determine height.
The director of • - - the health
department or his /her designee shall have the duty of
inspecting all premises, including lots, blocks, tracts of
land or portions within the city to determine whether grass
or weeds growing on such lands exceeds 12 inches (12 ") in
height.
Sec. 34 -83. - Notice to cut.
(a) If at any time the director of eeilimun4y ccrviccs the
health department or his /her designee discovers any
premises, including lots, blocks, tracts of land or
portions on which grass or weeds exceeds 12 inches
(12 ") in height, the director or his designee shall
give written notice to the owner of the land.
(b) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's
post office address; or
(3) If personal service cannot be obtained or the
owner's post office address is unknown:
a. By publication at least twice within ten
(10) consecutive days;
b. By posting the notice on or near the front
door of each building on the property to
which the violation relates; or
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c. 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.
(c) If the notice is mailed to the property owner in
accordance with this section 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.
If the notice is given by mail, the date of notice is
the date of delivery. If the date of delivery is not
known, then notice given by mails is deemed to be
delivered three (3) days after the date mailed. If
notice is made by publication, the publication shall
be in a newspaper of general circulation in the
community.
(d) The director of -=----' • - • ' - - the health
department or his /her designee in the notice of a
violation may 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 city without further notice may correct
the violation at the owner's expense and assess the
expense 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 assess its expenses.
Sec. 34 -84. - Weeds over 48 inches (48 ").
If weeds have grown higher than 48 inches (48 ") and
are an immediate danger to health, life and safety of any
person, the city may, without notice, abate the weeds,
assess expenses and create liens. Not later than the tenth
day after the date the city abates weeds under this
section, the director of - _•- --' • - •' --- the health
department or his /her designee shall give notice to the
property owner in the manner required by section 34 -83. The
notice shall contain:
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(1) An identification, which is not required to be a
legal description of the property;
(2) A description of the violations of the ordinance
that occurred on the property;
(3) A statement that the city abated the weeds; and
(4) An explanation of the property owner's right to
request an administrative hearing about the
city's abatement of the weeds.
State law reference — Abate dangerous weeds, V.T.C.A., Health and
Safety Code § 342.008.
Sec. 34 -85. - Administrative hearings.
The director of -=----' . - .' -- the health
department shall conduct an administrative hearing on the
abatement of weeds under this article if, not later than
the 30th day after the date of the abatement of the weeds,
the property owner files with the director of community
scrvicc the health department a written request for a
hearing. An administrative hearing conducted under this
section 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 city's abatement of the weeds. A
municipality may assess expenses and create liens under
this section.
Sec. 34 -86. - Performance of work by the city.
If the recipient of any such notices as provided in
this article fails, neglects or refuses to comply with the
requirements of such notice within the period of seven
days, the city, by virtue of the power conferred on it by
its Charter and the provisions of V.T.C.A., Health and
Safety Code §342.004 et seq., by and through the director
of -_ - the health department, or his /her
designee, shall enter in and upon such premises and perform
all work, acts or things necessary to be done in compliance
with the requirements of the notice, and incur all
necessary expenses in connection therewith. The director of
community scrv4eee the health department, or his /her
designee, shall cause any recurrence of such violations as
set forth in the original notice to be corrected for a
period of twelve (12) months thereafter, without the
necessity of further notice. All such work and expenses,
incurred in connection therewith, shall be done on the
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account of and at the cost of the owner, agent or occupants
of any such premises, and is declared to be a personal
charge against any such owner, agent or occupant, and a
lien upon such property as provided in this article.
Sec. 34 -87. - Billing owners or occupants, perfecting lien
and prosecuting violators.
(a) Bill the occupants or owner. Whenever the city shall
have performed the work and paid all necessary
expenses in connection therewith as provided in this
article, the director of -_ - -' • - -- the health
department or his /her designee shall bill the owner
and occupant for all necessary expenses. Necessary
expenses include, but are not limited to, the actual
cost for mowing grass and weeds and administrative
expenses incurred by the city. The city shall charge
the actual cost for mowing grass and weeds, except
that a minimum cost of $25.00 shall be charged for
mowing such grass and weeds, plus an administrative
fee of $100.00 to reimburse the city for staff costs
and expenses.
(b) Liens to be filed. If an owner or occupant does not
promptly pay the bill within thirty (30) days, the
director of -_ • - •' -- the health department,
his /her designee or such other official as designated
by the mayor provide written notice of said
violation(s) and bill to the City Attorney and the
City Attorney shall prepare and file for record in the
office of the county clerk an itemized statement of
expenses (lien) of all the work performed, all costs
and expenses incurred, and paid by the city, including
the administrative fee in connection therewith, in the
form of an affidavit duly sworn to. The affidavit, or
duly certified copy, after having been recorded, shall
be prima facie proof of the work done and performed
and the amounts paid therefore. Such affidavit, among
other things and provisions, shall contain the
following:
(1) Name and address of the owner of the property, if
known.
(2) Legal description of property sufficient to
identify the property, and where the property has
been subdivided, a description by lot and block
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number of any particular subdivision shall be
sufficient.
(3) Statement of the particular violation of this
article.
(4) Statement that notice of violation was given to
owner as to failure to comply therewith.
(5) Itemized statement of the work done and
performed, together with costs and administrative
charges, opposite each item.
(6) Statement that such affidavit is made for the
purpose of fixing a lien upon the property
therein described in accordance with the
provision of V.T.C.A., Health and Safety Code
§342.007 et seq., with ten percent (10 %) interest
on the amount due.
(c) Prosecution in municipal court. The director of
- _ - - - -' • - •' -- the health department, in
coordination with the city prosecutor, may also file
complaints in municipal court for the failure of an
owner or occupant to maintain his property and keep
his grass below twelve inches (12 ").
(d) For any such expenditures and interest, as aforesaid,
suit may be instituted by the City Attorney and
recovery and foreclosure had in the name of the city;
the statement so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the amount
expended in any such work or improvements. Upon
payment of the full charges assessed against any
property, pursuant to the procedure hereinabove set
forth, the City Attorney's office shall be authorized
to execute, for and on behalf of the city, a written
release of the lien heretofore mentioned, such written
release to be on a form prepared and approved in each
case by the Legal Department.
Sec. 34 -88. - Remedies cumulative; civil enforcement; other
action not limited
The procedures set forth in this article are
cumulative of all other remedies available to the city
relating to the subject matter hereof. Specifically, the
City Attorney may institute any legal action to enforce this
ordinance or enjoin or otherwise cause the abatement of any
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condition described in this article, as well as for the
recovery of all expenses incurred in connection therewith,
including without limitation administrative and legal
expenses, attorneys fees and costs, and for civil penalties
as provided by law.
Sec. 34 -89. - Economic incentive program.
(a) The city manager is authorized to waive demolition
liens and labor liens in an amount not to exceed
$5,000.00 on any lot in the city if a property owner
builds or enlarges a residence or adds a garage where:
(1) The projected increase of the appraised value
exceeds $25,000.00; or
(2) The cost of construction exceeds $25,000.00. The
waiver will be done after the construction has
been completed, has passed inspection by the
city, and a certificate of occupancy has been
issued.
(b) For liens in excess of $5,000.00 per lot, the liens
can be waived at the discretion of city council on a
showing that the new constructions value or cost of
construction will be at least three (3) times the
value of the liens.
(c) This economic incentive program is only for the
Enterprise Zone, CDBG target areas or in other areas
that will accommodate the construction or enlargement
of low to moderate income housing.
(d) Applicants for the program will need to pre - qualify
for the program. The request must be in writing and
show the following:
(1) Name, address and phone number of applicant;
(2) Description of the lot;
(3) Description of liens on the property;
(4) Description of the house or structure to be built
or enlarged, i.e., expected size and cost;
(5) Timetable for construction;
(6) Expected occupant of house;
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(7) Expected income of occupant as to show that he or
she is low or moderate income;
(8) Taxes must be current or will be paid as part of
the application; and
(9) Liens, accrued taxes and interest must exceed
value of lot.
(e) The city manager can waive the lien in advance if
required by third party financing.
(f) The construction will need to be completed and
successfully passed inspection within one (1) year
after being pre - qualified.
(g) The city manager can also modify, waive or compromise
the interest on liens of $1,000.00 or less on
properties wherein the liens and interest exceed fifty
percent (50 %) of the taxable value of the property if
it will promote the sale of a lot to a purchaser who
will maintain the lot and promises to build a home
thereon once funding is available.
(h) The city manager can also modify, waive, or compromise
liens of $5,000.00 or less if it will promote the sale
of a lot to an adjacent landowner who will maintain
the lot and cause the city not to expend funds
therefore."
Section 3. That Section 18 -382, Subsection 107 and 110,
Amendments to Code are herein amended as follows:
"Section 107. Notice and orders.
107.2. Form. Such notice prescribed in Section 107.1
shall be in accordance with all of the following:
1. Be in writing.
2. Include a legal and physical description of
the real estate sufficient for
identification
3. Include a statement of the violation or
violations and why the notice is being
issued.
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4. Include a correction order allowing a
minimum of thirty (30) days to correct the
violation or violations and bring the
structure into compliance with the
provisions of the code.
5. Inform the property owner of the right to
appeal.
6. Include a statement of the right to file a
lien in accordance with Section 106.3 of the
Property Maintenance Code. Said lien will
be filed by the City Attorney.
Section 110. Demolition
110.3. Failure to comply.
If the owner(s) of a premise(s) fails to
comply with a demolition order within the
time prescribed, the Code Official shall
cause the structure to be demolished and
removed, either through an available public
agency or by contract or by arrangement with
private persons, and the cost of such
demolition and removal shall be charged
against the real estate upon which the
structure is located. Consequently, the
Code Official shall provide notice to the
City Attorney in order to file a lien upon
such real estate."
Section 4. That a copy of the caption of this
Resolution be spread upon the Minutes of the City Council.
Section 5. That the ordinance shall be effective
immediately.
READ, ADOPTED AND APPROVED on this day of
A.D., 2011, at a Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
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NOES:
MAYOR:
Deloris "Bobbie" Prince
ATTEST:
Sherri Bellard, City Secretary
APPR VED AS .. FORM:
Valecia Wrizeno,ety Attorney
APPROVED AS TO ADMINISTRATION:
Step -' itzgi.bons, City Manager
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