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Ordinance 1979-16 ORDINANCE NO. 79-16 SECTION 1. WEEDS, BRUSH, ETC., OVER EIGHTEEN tNCHES HIGH. It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real platted property occupied, within the corporate limits of the City, to permit weeds, brush or any objectionable or unsightly matter to grow to a greater height than eighteen (18) inches upon any such platted real property within one hundred (100) feet of any property line. This ordinance does not apply to street or thoroughfare R.O.W. All vegetation, not regularly cultivated (and excluding farmer's crops and rancher's grass or forage) which exceeds eighteen (18) inches in height, shall be presumed to be objectionable and unsightly matter. SECTION 2. DUTY OF PROPERTY OWNER TO CUT AND REMOVE WEEDS, BRUSH, AND UNSIGHTLY MA~TER. It shall be the duty of any person owning, claiming, occupying or having supervision or control of any such real property, as provided for herein, to cut and remove all such weeds, brush and other objectionable or unsightly matter as often as may be necessary to comply with the next preceding section; provided, that the removing and cutting same at least once every thirty (30) days shall be deemed a compliance with this ordinance. SECTION 3. DUTY OF PROPERTY OWNER TO REMOVE STAGNANT WATER, RUBBISH, TRASH, CARRION OR OTHER IMPURE OR UNWHOLESOME MATTER. It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the City, to keep such property free from stagnant water, rubbish, trash, filth, carrion or other impure or unwholesome matter of any kind, and to keep the sidewalks in front of this property free and clear of the same, and to fill up, drain or regrade any lots, ground or yards which shall be unwholesome or have stagnant water therein, and to cleanse and disinfect any house, building, establishment, lot, yard, or ground from rubbish, trash, filth, carrion or other impure or unwholesome matter of any kind. "Rubbish", as that term is used in the include but not be limited to the properties after any building or other properties have been: ordinance, shall debris left upon structures on such a. Destroyed by fire or other not restored to its original or removed from the property within of such destruction; calamity and the same better condition or 90 days from the date b. Intentionally wrecked or demolished by the owner; c. Moved from such property to another location; d. Vacated by a prior owner or tenant. SECTION 4. NOTICE TO OWNER TO REMOVE, ETC.; REMOVAL BY CITY UPON FAILURE OF OWNER TO DO SO. In the event that any person owning, claiming, occupying or having supervision or control of any real property occupied or unoccupied within the corporate limits of the City fails to comply with the provisions of Sections 1, 2 and 3, it shall be the duty of the Building Inspector's Office to give ten (10) days notice in writing to such person violating the terms of this ordinance, or by letter, certified, return receipt requested addressed to such person at his last known address. If such letter is undeliverable and the whereabouts of the owner cannot be determined, the notice will be published at least two times within ten consecutive days in the City's official newspaper. If such person fails or refuses to comply with the provisions of Sections l, 2 and 3, within ten (10) days after date of notification in writing or by letter, or date of second publication of notice in the City's official newspaper, the City may go upon such property and do or cause to be done the work necessary, the City may go upon such property and do or cause to be done the work necessary to obtain compliance with this ordinance, and may charge the expenses incurred in doing or in having same done, to the owners of such property as provided hereafter in compliance with Article 4436, Revised Civil Statutes of Texas, as amended. In the event that unusual circumstances occur which, in the best judgement of the code enforcement officer, cause a clear and eminent danger to public health, safety or welfare to exist the requirement for written notification shall not apply and correctional action shall be performed at once upon oral demand of the code enforcement officer or his duly appointed representative. (amendment 85-59, 9-10-85) SECTION 5. FAILURE TO COMPLY WITH REMOVAL NOTICE. Any person violating the provisions of this ordinance, who continues to be in violation of the same after notice is given as set forth in Section 4, above, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not to exceed the sum of $200.00 for each offense. Each and every day such offense is continued shall constitute a separate offense. This section shall be in addition to and cumulative of the provisions for the abatement of the said nuisance and charging the cost of same against the owner of the premises by the City. SECTION 6. CHARGE TO BE LEVIED AND COLLECTED IF WORK DONE BY CITY. The expense incurred by the City of Wylie, pursuant to the correcting of conditions as set forth in this ordinance, shall be charged to and become a lien on the platted real estate or lot or lots upon which such expense is incurred. Such charges to be levied shall be as follows: a. A charge of $37.50 plus the City's cost per hour of mowing on per lot basis for each cutting of said weeds and brush shall be levied, assessed and collected against such property each time such cutting of said weeds shall be performed where the area does not exceed 44,000 square feet. On tracts and lots of land that exceed 44,000 square feet, an additional charge of $37.50 shall be levied, assessed and collected for each additional 44,000 square feet or the major portion thereof. In the event that there are obstructions such as rocks, trees, shrubs, bushes, excavations, foundations of demolished structures or other impediments, an additional charge can be levied, assessed and collected from such premises for the actual cost resulting from the additional expenses incurred therefrom; b. In the event that it becomes necessary for the City of Wylie, Texas to go upon property and do or cause to be done the work necessary to seek compliance with Section 3, above, the actual expenses incurred shall be charged, levied, assessed and collected against such property. SECTION 7. CHARGES TO BECOME A LIEN TO BE LEVIED AND COLLECTED BY THE CITY TAX ASSESSOR AND COLLECTOR. The charges provided for in this ordinance shall be levied, assessed and collected by the Tax Assessor & Collector of the City of Wylie, Texas. In the event the owner of said premises upon which work was done and charges incurred fails or refuses to pay such charges and expenses within thirty (30) days after the first day of the month following the one in which the work was done, the Tax Assessor & Collector shall file with the County Clerk of Collin County a statement by the Mayor of the City setting out the expenses that the City has incurred pursuant to the provisions of this ordinance, and the City of Wylie shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expenses incurred, together wi th ten percent (10%) interest from the date such payment was due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the City of Wylie; and the Statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. ""--"--,~._-,-"