HomeMy WebLinkAbout1985-O-08 - Amending Chapter 16, Article 1 of the Code of OrdinancesORDINANCE NO. 1985-8
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE I, OF THE CODE OF
ORDINANCES OF THE CITY OF STEPHENVILLE, TEXAS, SETTING OUT
SECTION 16-1 (a), (b), (c), LITTERING, CLOGGING OR FILLING
GUTTERS, SIDEWALKS, STREETS AND ALLEYS; PROVIDING FOR NOTICE
TO PROPERTY OWNERS AND CHARGE FOR CLEANUP BY CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE
ARTICLE 16-1 OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY
OF STEPHENVILLE IS HEREBY AMENDED TO READ AS FOLLOWS:
SECTION 16-1. LITTERING, CLOGGING OR FILLING GUTTERS, SIDEWALKS,
STREETS, AND ALLEYS.
(a). It shall be unlawful and shall constitute a nuisance for any
owner, lessee, tenant or occupant of any building or premi-
ses within the city to allow the gutters, sidewalks,
streets, and alleys adjacent to such building or premises to
become littered, clogged, or filled with any offensive
substance, liquid or solid, or any dirt, mud, or similar
matter, rubbish, water, bottles, broken glass, crockery
ware, iron, tin, wire or stones, or any other thing
dangerous to health, life or limb of any person or animal.
It shall be the duty of the owner of the property from
whence the matter has come to clean the gutters,
sidewalks, streets and alleys of the deposited matter.
(b). Upon discovery of such a deposit upon any gutter, sidewalk,
street or alley it shall be the duty of the Director of
Public Works or his authorized representative to notify the
owner of the property. In the event the owner of any pro-
perty in the city on which a nuisance exists as provided in
Section 16-1 (a) fails or refuses to abate or correct such
condition within ten (10) days after notice to do so, in
writing or by letter addressed to such owner at his post
office address, or within ten (10) days after notice by
publication as many as two (2) times within ten (10) con-
secutive days in any newspaper in the city if personal ser-
vice may not be had as aforesaid or if the owner's address
is not known, the city may abate or correct such condition,
or cause the same to be done, and such expense shall be
assessed on the real estate or lot upon which it was
incurred.
(c). The mayor shall file a statement of such expenses incurred
pursuant to Section 16-1,giving the amount thereof and the
date on which the work was done or improvements made, with
the County Clerk of Erath County, Texas, and the city shall
have a privileged lien on the lot or real estate upon which
such work was done or improvements made to secure the expen-
ditures so made in accordance with the provisions of article
4436, Revised Civil Statutes of Texas, which lien shall be
second only to tax liens and liens for street improvements,
and the amount shall bear ten (10) per cent interest from
the date the statement was filed. For any such expenditures
and interest, suit may be instituted and recovery and
foreclosure of said lien may be had in the name of the city,
and the statement of such expenses, or a certified copy
thereof, shall be prima facie proof of the amount expended
for such work or improvements.
PASSED AND APPROVED this the 2 day of July , 1985.
ATTEST:
ty, ecretary
David Clayton yor
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