Ordinance 1968-03
~
ORDINANCE NO. 68 - WYLIE
Al~ ORDINAl'lCE TO PI~OTECT THE PUBLIC HEALTH AND PROHOTE
ThE. PUBLIC~'JELF ARE OF THE CITY OF ~~YLIE, TEXAS, BY PRO-
VIDING FOR THE fILLIl~G UP AND DRAINAGE OF LOTS THAT SHALL
HAVE UmmOLESOHE PLACE OR PLACES VJHLRL STAGNANT \'JATER HAY
ACCUHULATE THEREON; THE CLEANING OF ANY BUILDING OR PREHISES
Of FI LTH, CARRION OR OTHER HIPURE AND UlhJHOLESOl1E MATTER;
REQUIRIUG OvJNLRS OR OCCUPAirTS OF LOTS IN THE CITY OF WYLIE,
TEXAS TO KEEP SAID LOTS FREE FlWH \'JEEDS, RUBBISH, BRUSH AND
OTHER UNSIGHTLY OR INSANITARY HATTER; PROVIDING FOR iWTICE
TO BE GIVEN TO OWNERS OF PREMISES IN CASE OF FAILURE OF
O.'JNER TO HAKE LOTS AND/OR PREI1ISES SANITARY AND SIGHTLY
Tdi\T THE SAME MAY BE DOUE AT THE EXPENSE OF THE CITY OF
WYLIE, TEXAS; PROVIDING FOR THE FIXING OF A LIEN AGAINST
SUCH LOTS FOR SUCH IMPROVEMENTS; PROVIDING FOR PUBLICATION
Aim :LFFLCTIVE DATEOF THIS ORDINANCE.
ItJHEREAS, it is deemed by the City Council of the
City of Wylie, Texas, that it is dangerous to the pub-
lic health for lots in the City of Wylie, Texas to have
places thereon where stagnant water may accumulate and for
filth, carrion or other impure and unwholesome matter to
accumulate on lots in said City and that it is dangerous
to public health and constitutes a fire hazard to have
weeds, brusn, rubbish and other unsightly and unsanitary
matter on lots in the City of Wylie, Texas; and
~VliU\EAS, it is expressly provided by the provisions
of Article 4436, Revised Civil Statutes of Texas, as
amended that any incorporated city, town, or village shall
have the power to correct the evils hereinbefore recited
and the City of Wylie, Texas is a duly incorporated city.
NOW THLRLfORE, BE IT .ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ~~YLIE, TEXAS:
SECTION 1. That it shall be unlawful for any person, firm
or corporation who shall own or occupy any lot or lots in
the City of Wylie, Texas, to permit or allow holes or places
on said lots where water may accumulate and become stagnant,
or to permit same to remain.
SECTION 2. It shall be unlawful for any person, firm or
corporation wno shall own or occupy any lot or lots in tne
City of Wylie, Texas, to permit or allow the accumulation of
stagnant water thereon, or to permit same to remaln.
SECTION 3. It shall be unlawful for any person, firm or
corporation who shall own or occupy any house, building,
establishment, lot or yard in the City of Wylie, Texas
to permit or allow any carrion, filth or other impure or
unwholesome matter to accumulate or remain thereon.
SECTIOi,J 4. It shall be unlawful for any person, firm or
corporation who snall own or occupy any lot or lots in
the City of Wylie, Texas, to allow weeds, rubbish, brush,
or any other unsightly, objectionable or insanitary matter
to accumulate or grow on saia lot or lots.
SECTION 5. Snould any owner of such lot or lots that have
places thereon where stagnant 'water may accumulate and/or
which are not properly drained, or the owner of any premises
or building upon which carrion, filth or other impure or
unwholesome matter may be, fail and/or refuse to drain and/or
fill the said lot or lots, or remove such filth, carrion or
other impure or unwholesome matter as the case may be,
witnin ten days after notice to said owner to do so, in wrl-
ting, or by letter addressed to such owner at his post office
aadress or within ten days in any newspaper in Wylie, Texas,
if personal service may not be had as aforesaid, or if the
owner,Is address not known; then in that event, the City of
Wylie, Texas, may do such filling or drainage or removal of
filth, carrion, etc., or any other unsightly, objectionaDle
or unsanitary matter, or cause the same to De done and may
pay therefor and charge expenses incurred in doing such work
or having such work done or improvements made to tne owner
of SUCh lot or lots or real estate, and if such work lS
done or improvements made at the expense of the City of Wylie,
Texas, then such expense or expenses shall be assessed on the
real estate, or lots upon which such expense was incurred.
S~CTION 6. Should any owner of any lot or lots within the
City ofvJylie, Texas, who shall allow weeds, rUbbi:h, brush, or
any other unsightly, objectionable or insanitary matter to grow
or accumulate thereon, fail and/or refuse to cut down and/or
remove such weeds, rubbish, brush or other unsightly, objec-
tionaole or insanitary matter, as the case may be, within ten
days after notice to said owner to do so, in writing , or by
letter addressed to such owner at his post office address,
or within ten days after notice by publication as many as two
times within ten consecutive days in any newspaper in ~ylie,
Texas, the City may do such cutting down and/or removing such
weeds, rubbish or other unsightly, objectionable or insanitary
ma~ter, or cause the same to be done and may pay therefor, and
Charge the expenses incurred ln doing such work or having such
work done or improvements made to the owner of such lot or lots
or real estate; ana if such work is done or improvements made
at the expense of the City of Wylie, Texas, then such expense
or expenses shall be assessed on the real estate, or lot or
lots upon which such expense was incurred.
SI.;CTION 7.
The Mayor or City Health Officer of the City of
Wylie, Texas shall file a statement of such expenses incurred
under Section 6 of this ordinance, as the case may be, giving
the amount of such expenses, the date of which said work was
aone or improvements made, with tne County Clerk of Collin
County, Texas; and the City of Wylie, Texas shall have a priv-
ileged lien on SUCh lot or lots or real estate upon which said
work was done or improvements made to secure the expenditures
so made, ln accordance with the provisions of said Article 4436,
Revised Civil Statutes of Texas, as amended, which said lien
shall be second only to tax liens and liens for street improve-
ments; and saia amount shall bear ten per cent interest from
tne date said statement was filed.
It is further provided
tnat for any such expenditures, and interest, as aforesaid,
suit may be insti~uted and recovery and foreclosure of said
lien may De had in the name of the City of Wylie, Texas; and
the statement of exvenses so made as aforesaid, or a certi-
~ ,
fied copy thereof, shall be prima facie proof of the amount
expended for such work or improvements.
SECTION 8. Any person, firm or individual who shall violate
any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon conviction, shall be fined ln any sum
not exceeaing Two hundred Dollars ($20U.00), and each and every
day's violation shall constitute a separate and distinct offense,
in case the owner or occupant of any lot or lots or premlses
under the OrOV1Slons of this ordinance shall be a corporation,
and shall violate any provisions of this ordinance, the pres-
ident, vice-president, secretary, treasurer of such corporation,
or any manager, agent or employee of such corporation shall 0e
also severally liable for the oenalties herein provided.
SECTION 9. That if any part of this ordinance is, or should
be hela invalid for any reason, then that fact shall not inval-
idate the entire ordinance, out tile balance thereof shall remaln
in full force and effect.
SECTION 10. All other ordinances or parts of ordinances ln
conflict with this ordinance are hereby repealed.
SLCTION 11. The caption of this ordinance to be published one
time in a newspaper having general circulation in the City of
~Jylie, and to become effective immediately upon its passage
and publication.
PASSED AND ADOPTED this 9th
A. D. 1968.
i
tfti'L.,~. ~
. L , MAY 0 R
1<.
i\11!fES(f:
~ L4f~/
CT1. .JLCl ETARY .
APPROVED AS TO FORM:
CI'l'Y ATTORNEY
ORDINANCE NO. 68-3 -
WYLIE
AN ORDINANCE TO PRO-
TECT THE PUBLIC
HEAL TH AND PROMOTE
THE PUBLIC WELFARE
OF THE CITY OF WYLIE,
TEXAS, BY PROVIDING
FOR THE FILLING UP
AND DRAINAGE OF LOTS
THAT SHALL HAVE UN-
WHOLESOME PLACE OR
PLACES WHERE STAG-
NANY WATER MAY
ACCUMULATE THERE-
ON: THE CLEANING OF
ANY BUILDING OR PRE-
MISES OF FILTH, CAR-
RION OR OTHER IMPURE
AND UNWHOLESOME
MATTER; REQUIRING
OWNERS OR OCCU-
PANTS OF LOTS IN THE
CITY OF WYLIE. TEXAS
TO KEEP SAID LOTS
FREE FROM WEEDS,
RUBBISH, 'BRUSH AND
OTHER UNSIGHTLY OR
INSANITARY MATTER;
PROVIDING FOR NOTICE
TO BE GIVEN TO
OWNER TO MAKE LOTS
AND/OR PREMISES
SANIT AR Y...AND SIGHTL Y
THA T THi; SAME MAY
BE DONE AT THE
EXPENSE OF THE
CITY OF WYLIE, TEXAS;
PROVIDING FOR THE
FIXING OF A LIEN
AGAINST SUCH LOTS
FOR SUCH IMPROVE-
MENTS; PROVIDING FOR
PUB L IC A TION AND
EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, it is deemed
by the City Council of the
City of Wylie. Texas, that
it is dangerous to the
public health for lots in
the City of Wylie, Texas
to have places thereon
where stagnant water may
accumulate and for filth,
carrion or other impure
and unwholesome matter
to accumulate on lots in
said City and that it is
dangerous to public health
and constitutes a fire
hazard to have weeds,
brush, rubbish and other
unsightly and unsanitary
matter on lots in the City
of Wylie, Texas; and
WHE REAS, it is expressly
provided by the provisions
of Article 4436, Revised
Civil Statutes of Texas, as
amended that any incor-
porated city, town, or
village shall have the
power to correct the evils
hereinbefore recited and
the City of Wylie, Texas
is a duly incorporated
city.
NOW THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SE CTION 1: That it shall
be unla wfui for any per-
son, firm or corporation
who shall own or occupy
any lot or lots in the City
of Wylie, Texas. to permit
or allow holes or places
on said lots where water
may accumulate and
become stagnant, or to
permit same to remain.
SECTION 2: It shall be
unlawful for 'any person,
firm or corporation who
shall own or occupy any
lot or lots in the city
LEGAL NOTICE
weeds, rubbish, brush,
or any other unsightly,
objectionable or insam-
tary matter to accumulate
or grow on said lot or
lots.
SECTION 5: Should any
owner of such lot or lots
that have places thereon
where stagnant water may
accumulate and/or which
are not properly drained,
or the owner of any pre-
mises or buildIng upon
which carrion, filth or
other imp'Jre or unwhole-
some matter as the case
may be, within ten days
after notice to said owner
to do so, in writing, or
by letter addressed to
such owner at his post
office address or within
ten days in any newspaper
in Wylie, Texas; if
personal service may not
be had as aforesaid, or
if the owner's address
not known; then in that
event, the City of WyUe,
Texas, may do such fill-
ing or drainage or.
removai of filth, carrion,
etc., or any other
unsightly, objectionable
or unsanitary matter, or
cause the same to be done
and may pay therefor and
charge expenses incurred
in doing suchworkorhav-
ing such work done or
improvements made to the
owner of such lot or lots
or real estate, and if such
work is done or improve-
ments made at the expense
of the City of Wylie,
Texas. then such expense
or expenses shall be
assessed on the real
estate, or lots upon which
such expense was
incurred.
SECTION 6: Should any
owner of any lot or lots
within the CIty of
Wylie, Texas, who shall
allow weeds, rubbish,
brush, or any other
unsightly. objectionable
or unsanitary matter to
grow or accumulate
thereon, fail and/or refuse
to cut down and/or remove
such weeds, rubbish,
brush or other unsightly
objectionable or unsani-
tary matter, as the case
may be, within ten days
after notice to said owner
to do so, in writing, or by
letter addressed to such
owner at his post office
address, or within ten
days after notice by publi-
cation as many as two
times within ten consecu-
ti ve days in any newspaper
in Wylie, Texas, the City
may do such cutting down
and/or removing such
weeds, rubbish or other
unsightly, objectionable
or insanitary matter, or
cause the same to be done
and may pay therefor, and
c h a r g e the expenses
incurred in doing such
work or having such work
done or improvements
made to the owner of such
lot or lots or real estate;
and if such work is done
or improvements made
at the expense of the City
of Wylie. Texas, then such
expense or expenses shall
be assessed on the real
estate. or lot or lots upon
which such expense was
incurred.
Statutes of Texas, as
amended, which said lien
shall be second only to
tax liens and liens for
street improvements; and
said amount shall bear ten
per cent interest from
the date said statement
was filed. It is further
provided that for any such
expenditures, and inter-
est, as aforesaid, suit mav
be instituted and recovery
and foreclosure of said
lien may be had in the
name of the City of Wylie
Texas; and the statement
of expenses so made, as
aforesaid, or a certified
coPy thereof, shali be
pnma facie proof of the
amount expended for such
work or imp-ovements.
SECTION 8: Any person,
firm or individual who
shali violate any of the
pro vis ion s of this
ordinance shali be guilty
of a misdemeanor, and
upon conviction, shall be
fined in any sum not
exceeding Two Hundred
Dollars ($200.00). and
each and every day's vio-
lation shall constitute a
separate and distinct
offense, in case the
owner 0 r occupant of any
lot .or lots or premises
under the provlsions of
this ordinance shall be a
corporation, and shall
violate any provisions of
this ordinance, the presi-
dent, vice - presldent,
secretary. treasurer of
such corporation. or any
manager, agent or
e m p 1 0 Y e e of s u c h
corporation shall be also
severally liable for. the
penalties herein provided:
SECTION 9: That if any
part of this ordinance is,
or should be held invalid
for any reason, then that
fact shall not invalidate
the entire ordinance, but
the balance thereof shall
remain in full force and
effect.
SECTION 10: All other
ordinances or parts of
ordinances in conflict
with this ordinance are
hereby repealed.
SECTION 11: The caption
of this ordinance to be
published one time in a
newspaper having general
circulation in the City of
Wylie, and to become
effective i m m e d i ate 1 y
upon its passage and
publication.
PASSED AND ADOPTED
this 9th day of July, A.D.
1968.
ROY HALL, MAYOR
ATTEST:
ONEIDA GALLAGHER
CITY SECRETARY
