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10-02-1989 (City Council) Agenda Packet DATE POSTED 9-29-89 TIME POSTED 9:00 A.M. AGENDA CALLED CITY COUNCIL WORK SESSION CITY OF WYLIE, TEXAS MONDAY, OCTOBER 2, 1989 7 :00 P. M. COUNCIL CONFERENCE ROOM MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION ORDER OF BUSINESS BUSINESS 1 Discussion on Weedy Lot Ordinance and time frame for being in compliance 2 Recess work session 3 Convene Council into Executive Session under the authority of Article 6252-17 V. A. C. S . , Section 2 paragraph "g" Personnel Matters - interview audit firms for fiscal year 1988-89 audit 4 Reconvene Council into open session 5 Adjourn NOTICE OF A CALLED MEETING Notice is hereby given that the governing body of the City of Wylie will meet for a called session on the C'1 day of !)edliat't , 198 , in the City Council ' s Conference Room in the Municipal Complex of Wylie at 2000 Highway 78 North, Wylie, Texas for the purpose of considering the above Agenda . 6)7 Carolyn JCgs , C:// Secretary -ILAPosted this the -�fJ day of 198 9 , at M.A M. Of HEALTH-PUBLIC Art. 4436a-1 wherein such towns and cities are situated, consecutive days. if personal service may not ricer Removed may co-operate with each other in making such be had as aforesaid, or the owner's address be 1 the State Board of improvements connected with said towns, cities not known, such city, town, or village may do h authority, said Cityand counties as said authorities and courts such work or may cause the same to be done times be governed b may deem necessary to improve the public and may pay therefor and charge the expenses -d, and failure or re health and to promote efficient sanitary regu- incurred in doing or having such work done or city health officer to rations; and, by mutual arrangement, they may improvements made, to the owner of such prop- ties of his office provide for the construction of said improve- erty as herein provided: and to punish any shall constitute mar ments and the payment therefor. owner or occupant violating the provisions of hall subject said City [Acts 1925, S.B. 84.1 any ordinance so passed, as aforesaid; and from office at the r the governing body of such city, town, or vil- rd of Health. Said Art. 4433. In Unincorporated Towns lage shall also, in addition to the foregoing district court of the The commissioners court of any county in remedy, have the power to cause any of the im- ty health officer re. which an unincorporated town or village may provements above-mentioned to be done at the be situated, shall have power to designate the expense of the city, town, or village on account lines of such town or village, and may appoint of the owners, and cause the expense thereof to a board of health for it, consisting of three be assessed on the real estate, or lot or lots nst City Health Offi. persons. two or more of whom shall be regular upon which such expense is incurred. On fil- practicing physicians. Said court when such ing with the county clerk of the county in per fails or refuses to appointments are made shall at once notify the which the city, town, or village is situated, a sties of his office, the State Health Officer.' Said board shall elect statement by the mayor or city health officer shall file charge, one of their members as presiding officer; and of such city, town or village of such expenses. officer with the goy. such presiding officer, if the premises of any such city, town, or village shall have a privi- r town or city, which citizen residing within the prescribed limits of leged lien thereon, second only to tax liens and particulars said cit, said town or village are in an unclean or un- liens for street improvements to secure the ex- in respect to the di;- healthy condition, shall notify him of the fact, penditure so made and ten per cent (10%) in- id shall at the same and that he must proceed at once to clean the terest on the amount from the date of such :he city secretary and same. payment. For any such expenditures. and in- payment to said cit', [Acts 1925. S.B. 84.1 terest, as aforesaid, suit may be instituted and fees, salary or allow- i Office of State Health Officer abolished and office foreclosure had in the name of the corpora- of Commissioner of Health created by Acts 197;3. 54th t.ion; and the statement so made, as aforesaid, i charges and protest, Leg., p. tit. eh. 195, 3 1. See art. 141M-1. or allowance shall be or a certified copy thereof, shall be prima facie officer, unless such proof of the amount expended in any such untrue and not sus- Art. 4136. Health Control in Cities, Towns,and Villages work or improvements. notice in writing to I Acts 1925, S.D. s4; Arts 1959, 56th Leg., p. 972, ch. the charges shall be The governing body of any incorporated city, 453. § 1; gets 196.5, 59th Leg., p. 975. eh. 470, 6 1.1 and governing body of town, or village, whether organized under the said city health offi• general laws, the home rule provisions of the Art. 4436a-1. City-County Health Units in ch hearing the State Constitution, or by special legislative Act shall Counties Containing Incorporated City represented, and ei- have the power to require the filling up, drain- Cooperation by Commissioners Court and City Council :er or the State Board age, and regulating of any lot or lots, grounds Sec. 1. In any county containing an in- right of appeal to the or yards, or any other places in the city, town, corporated city the Commissioners Court and ty in which the city or or village which shall be unwholesome or have the city council of such county and city by a I charges be sustained, stagnant water therein, or from any other suitable order of each of said bodies duly en- shall be adjudged to cause be in such condition as to be liable to tered on the minutes of the Commissioners and forfeit all salary, produce disease; to cause all premises to be Court and city council may co-operate in form- -tied subsequent to the inspected and to impose fines on the owners of ing a City-County Health Unit and combine rges and protest origi- houses under which stagnant water may be health units of each political subdivision for due him on account of found, or upon whose premises such stagnant such water may be found, and to pass such ordi- purpose and appropriate such funds by b nances as they may deem necessary for the each of said governing bodies as may be agreed upon by the two said governing bodies to the purposes stated above, and for making, filling combined health unit in such proportion as rence up, altering, or repairing of all sinks, and priv- may be agreed upon between said Commission- e of county and city ies, and directing the mode and material for ers Court and said city council. Where any State shall be held at constructing them in the future, and for clean- City-County Health Unit has been heretofore s the State Board of ing and disinfecting the same; and forclean- established and the population of the city par- .t which conference the sing of any house, building, establishment, lot, titillating in said health unit has exceeded one ier of said State board yard or ground from filth, carrion, or any oth- hundred and twenty thousand (120,000) ac- ral counties, towns and er impure or unwholesome matter of any kind; cording to the 1950 federal census• the joint and pay the necessary to require the owner of any lot or lots within operation of such health unit between the date health officer or city such city, town, or village to keep the same of the 1950 census and the effective date of ance upon said confer- free from weeds, rubbish, brush, and any other this Act is hereby validated. objectionable, unsightly, or unsanitary matter of whatever nature, and if such owner fails or City-County Board of Health; Appointment: Qualifica- refuses to do so, within ten (10) days after no- tions; Term of Office tice in writing, or by letter addressed to such Sec. 2. Said Health Unit shall be under the ities of towns and cit- owner at his post office address, or by publica- direction and supervision of the City-County courts of the counties tion as many as two (2) times within ten (10) Board of Health, which shall consist of seven ORDINANCE NO. re AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 79-16 AS AMENDED BY ORDINANCE 85-59 BY AMENDING SECTION 1, TO LOWER THE PERMITTED LEVEL OF GRASS AND WEEDS TO 12 INCHES AND AMENDING SECTION 4, SO THAT THE TIME FOR COMPLIANCE IS REDUCED TO SEVEN DAYS. PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has determined that the height and time requirements of ordinance 79-16 are not consistent with the Councils desire to provide a safe and healthful environment for the citizens of the City of Wylie, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 79-16 as amended by Ordinance 85-59 is hereby amended so that Section 1 reads as follows: SECTION 1. WEEDS, BRUSH, ETC. , OVER 12 INCHES HIGH. It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real plated 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 twelve ( 12) inches upon any such plated real property. 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 twelve ( 12) inches in height shall be presumed to be objectionable and unsightly matter. SECTION c. Ordinance 79-16 is further amended by rewarding Section 4 so that the amended section on reads as follows: 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 seven (7) days notice in writing to such person violating the terms of this ordinance, or by letter, certified, ret urn receipt requested addressed to i such person at his last known address. if such letter is undeliverable and the whereabouts of the owner cannot be determined, the notice ice 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 provision of Sections 1, 2, and 3, within seven (7) days after date of notification in writing or by letter, or date of second publication of not ice in the City' s official newspaper, 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. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of its capt ion, as the law in such cases provides. DULY PASSED by the City Cc'un i 1 of the City of Wylie, Texas, this the J day of , 1987. SEA s Chuck. Trimble, Mayor ATTEST: hq�i, LIE. �n 0���`\`\ jeto Carc Brie=, i t y Secretary ` . ORDINANCE NO . `^ � AN AMENDMENT TO SECTION 4 OF ORDINANCE NO. 79-16, AN ORDINANCE OF THE CITY OF WYLIE, TEXAS MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PERMIT WEEDS, BRUSH, OR ANY OBJECTIONABLE OR UNSIGHTLY MATTER TO GROWN TO A HEIGHT GREATER THAN EIGHTEEN ( 18) INCHES OR TO BE A PART OF THE PROPERTY WITHIN ONE HUNDRED ( 100) FEET OF ANY PROPERTY LINE; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR PENALTY CLAUSE; AND PROVIDING AN EMERGENCY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 4. NOTICE TO OWNER TO REMOVE, ETC. ; REMOVAL BY CITY UPON FAILURE TO 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 of Wylie fails to comply with the provisions of Section l , 2 and 3, it shall be the duty of the Code Enforcement Officers 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 1 , 2, and 3, within ten ( 10) days after date of notification in writing or by letter, or date of second publications 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 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 eminant 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. SECTION 9. SEVERABILITY CLAUSE Should any work, phrase, sentence, clause or paragraph or section of this ordinance be declared or held to be illegal or unconstitutional , the same shall not affect the remaining words, phrases, sentences, clauses, paragraphs or sections of this ordinance, which shall remain in full force and effect. SECTION 10 PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and , upon conviction, shall be assessed a penalty not to exceed the limit established by the Szate Law of Texas. Each day upon which violations of this ordinance continue shall be considered as a separate offense. ` ' SECTION 11 EMERGENCY CLAUSE The fact that adequately controlling or providing for the cutting and removal of weeds, brush or objectionable or unsightly matter, and the removal of stagnant water, rubbish, trash, carrion or other impure or unwholesome matter, creates an urgency and an emergency and in the preservation of the public health, safety and welfare, requires that this ordinance shall take effect immediately after its passage as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE 10TH DAY OF SEPTEMBER, 1985. john W. Aking Mayor ATTEST: ^' 7.'jhV;kp\ ���_________ Carol o z `' Secretary ORDINANCE NO. 79,/4; AN ORDINANCE OF THE CITY OF WYLIE, TEXAS MAKING IT UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO PERMIT WEEDS, BRUSH, OR ANY OBJECTIONABLE OR UNSIGHTLY MATTER TO GROW TO A HEIGHT GREATER THAN EIGHTEEN (18) INCHES WITHIN ONE HUNDRED (100) FEET OF ANY PRO- PERTY LINE; MAKING IT THE DUTY OF ANY PERSON TO CUT AND REMOVE ALL SUCH WEEDS, ET CETERA; PROVIDING THAT THE CUTTING AND REMOVING OF THE WEEDS, ET CETERA, EVERY THIRTY (30) DAYS CONSTITUTE COMPLI- ANCE WITH THIS ORDINANCE; MAKING IT UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO ALLOW THE ACCUMULATION OF STAGNANT WATER, RUB- BISH, TRASH, CARRION AND FILTH; DEFINING RUBBISH TO INCLUDE DEBRIS LEFT ON PROPERTIES AFTER FIRE OR CALAMITY AND DEBRIS LEFT AFTER STRUCTURES OR BUILDINGS HAVE BEEN WRECKED OR MOVED FROM SUCH PRO- PERTIES; PROVIDING FOR NOTICES TO OWNERS OR OTHER PERSONS VIOLAT- ING THE TERMS OF THIS ORDINANCE ; AUTHORIZING THE CITY TO CUT AND REMOVE SUCH WEEDS AND BRUSH, AND TO REMOVE STAGNANT WATER, RUBBISH, TRASH, CARRION AND FILTH; PROVIDING FOR A CHARGE TO BE LEVIED AND COLLECTED IF SUCH WORK IS DONE BY THE CITY AND CHARGE THE COST TO THE OWNERS OF SUCH PROPERTY, PROVIDING THAT THE CHARGES SHALL BE- COME A LIEN TO BE LEVIED AND COLLECTED BY THE CITY TAX COLLECTOR AND ASSESSOR; REPEALING ORDINANCE #68- 3 ; PROVIDING A SEVERABILITY CLAUSE ; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200 . 00) FOR EACH OFFENSE ; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF W'YLIE, TEXAS: SECTION 1. WEEDS, BRUSH, ETC . , OVER 4 INCHES HIGH. It shall be unlawful for any person owning , claiming , occupy- ing 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 CO) 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 MATTER. It shall be the duty of any person owning , claiming , occupying or having supervision or control of any such real property, as pro- vided 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 re- moving 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 UN- WHOLESOME MATTER. It shall be the duty of any person owning , claiming , occupy- ing 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, car- rion 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 un- wholesome matter of any kind. "Rubbish" , as that term is used in the ordinance , shall include but not be limited to the debris left upon properties after any building or other structures on such properties have been : (a) Destroyed by fire or other calamity and the same not restored to its original or better condition or removed from the property within 90 days from the date of such destruction ; (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 un- occupied 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 1 , 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 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. 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 mis- demeanor 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 abate- ment 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 lev- ied 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 ex- ceed 44 , 000 square feet. On tracts and lots of land exceed 44 , 000 square feet , an additional -charge of $37 . 50 shall be levied, assessed and collected for each addition- al 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 lev- ied, 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 set- ting 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 with ten percent (10%) interest from the date such payment was due. For any such expenditures and interest , as aforesaid, suit may be instituted and forclosure 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 . SECTION 8. REPEALING CLAUSE Ordinance #68- 3 is hereby repealed. SECTION 9 . SEVER4BILITY CLAUSE. - Should any word, phrase , sentence , clause or paragraph or section of this ordinance be declared or held to be illegal or unconstitutional , the same shall not affect the remaining words , phrases , sentences , clauses , paragraphs or sections of this or- dinance , which shall remain in full force and effect . SECTION 10 . PENALTY CLAUSE. Any person , firm or corporation violating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction , shall be fined not to exceed the sum of Two Hundred Dollars ($200 . 00) for each offense , and each and every day such offense is continued shall constitute a new and separate offense. SECTION 11 . EMERGENCY CLAUSE. The fact that there is not an ordinance of the City of Wylie , Texas , adequately controlling or providing for the cutting and removal of weeds , brush or objectionable or unsightly matter, and the removal of stagnant water , rubbish, trash , carrion or other impure or unwholesome matter , creates an urgency and an emergency and in the preservation of the public health , safety and welfare , requires that this ordinance shall take effect immediately after its passage as the law in such cases provides . DULY PP�A�SSED by e Ci y Council of the City of Wylie, Texas , this �0` day of , 1979 . ATTEST : APPROVED: 4t4A/ arch A. Con;lelly o n W. A in City Secretary Mayor APPROVED AS TO FORM: Theodore R. Kent City Attorney