ORD 40 09/15/1971 ,lam1 • 41011 • 114
No . 40
AN ORDINANCE REGULATING THE CONTROL OF WEEDS AND
OTHER VEGETATION OR STAGNANT WATER WITHIN THE
CITY LIMITS OF THE CITY OF CIBOLO, TEXAS, PROVIDING
FOR COLLECTION OF EXPENSES INCURRED IN THE CONTROL
ACTION.
BE IT ORDAINED by THE CITY COUNCIL OF THE
CITY OF CIBOLO, TEXAS:
SECTION 1 - UNHEALTHY, INSANITARY, OBJECTION-
ABLE, ETC. , CONDITIONS--STAGNANT
WATER.
It shall be unlawful for any person to permit
or allow the accumulation of stagnant water on any
lot owned or occupied by him within the city or to
permit stagnant water to remain thereon. It shall
likewise be unlawful for any person to permit or
allow holes or places on such lots where water may
accumulate and become stagnant or to permit the
same to remain thereon.
SECTION 2 - WEEDS OR OTHER VEGETATION.
It shall be unlawful for any owner, tenant,
lessee, agent or occupant of any premises to per-
mit any weeds, grass or other vegetation to grow
or remain upon any premises owned or controlled
by him, or upon any sidewalk abutting such premises,
so as to become offensive or emit foul or noxious
odor, or become a breeding place for flies or in-
sects, or to become in any way injurious to the
public health.
SECTION 3 - NOTICE TO OWNER OF PREMISES TO
REMOVE OR REMEDY.
Whenever any contition described in sections
1 or 2 is found to exist upon any lot or premises in
the city, the mayor shall notify the owner of such
lot or premises to remove or remedy the conditions
SI
within ten (10) days after the date of such notice .
Such notice shall be in writing and shall be served
on the owner in person or mailed to him at his latest
known address . In the event personal service can-
not be had and the owner' s address is not known,
such notice shall be given by publication in a news-
paper published in the city at least twice within ten
(10) consecutive days.
SECTION 4 - REMOVAL OR CORRECTION BY CITY-
. GENERALLY.
In the event the owner of any lot or premises
fails to remove or remedy any condition described in
sections 1 or 2 within ten (10) days after notice has
been given as provided in section 3, the city may do
whatever is necessary to remove or remedy the condi-
tion, or cause the same to be done, and charge the
expense incurred thereby to the owner of such lot or
premises and such expense shall be assessed against
the real estate upon which the ork was done. The
doing of such work and the charging and assessing of
the expenses thereof against the owner shall not re-
lieve the owner or occupant of any prosecution for
violation of such sections .
SECTION 5 - STATEMENT OF EXPENSES; LIEN FOR AND
INTEREST ON EXPENSES; SUIT TO COL-
LECT EXPENSES.
The mayor of the city shall file a statement
of expenses incurred under section 4, giving the
amount of such expenses and the date on which the
work was done or improvements made, with the county
clerk and the city shall have a privileged lien on
such lot or real estate upon which the work was done
or improvements made to secure the expenditures 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 . The amount of such expenses shall bear
ten per cent(10%) interest from the date such state-
ment is filed. For any such expenditures and interest,
suit may be instituted and recovery and forfeiture
of such lien may be had in the name of the city and
the statement of expenses so made , of a certified copy
thereof, shall be prima facie proof of the amount ex-
pended for such work or improvements.
,A 0° • II)
• „ III
PASSED AND APPROVED, this /54 day of 53pkih,6z,- ,1971.
. 1 /1
{a or
ATTEST:
fittAatpi
City Secret ry