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ORD 387 11/25/1986 ORDINANCE NO. 387 AN ORDINANCE REGULATING THE CONTROL OF WEEDS OR OTHER VEGETATION, STAGNANT WATER, AND THE ACCUMULATION OF GARBAGE, TRASH, AND OTHER REFUSE: PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS PER DAY FOR EACH VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE COLLECTION OF PENALTIES IM- POSED AND PROVIDING FOR THE COLLECTION OF THE COST TO REMEDY VIOLATION IN EMERGENCY SITUATIONS; MANDATING THE MAINTENANCE AND MOWING OF GRASS BY PRO- PERTY OWNER AND PROVIDING FOR A PENALTY FOR FAILURE TO COMPLY; AND REPEAL- ING ORDINANCE NUMBER THREE HUNDRED AND FIVE AND THREE HUNDRED SEVENTY EIG-E' AND THREE HUNDRED_.EIGHTY THREE AND ANY AMENDMENTS. THEREOF. _(305, 378, 383) -- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: • SECTION 1 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. SECTION 2 ACCUMULATION OF GARBAGE, TRASH, OR OTHER REFUSE -- It shall be unlawful for any person to cause or permit to be or remain in or upon any premises under his control any garbage, trash, rubbish, or other refuse, or animal excretion, or animal, vegetable or mineral matter, or any composition or residue there- of, which is in an unsanitary condition or injurious to public health. SECTION 3 WEEDS OR OTHER VEGETATION -- It shall be unlawful for any owner, tenant, lessee, agent or occupant of any lot or premises to permit any weeds, grass or other vegetation to grow or reran upon any premises, so as to become offensive or emit foul or noxious odor, or to become a breeding place for flies or insects or to become in any way unsanitary or injurious to the public health. SECTION 4 NOTICE TO OWNER, TENANT, LESSEE, AGENT OR OCCUPANT OF PREMISES TO REMOVE OR REMEDY-- Whenever any condition described in section one, two or three of this ordi- nance is found to exist upon any lot or premises in the City, the Police Department, City Administrator, or Guadalupe County Health Officer shall no- notify the owner, tenant, lessee, agent, of occupant of such lot or prtirisx to remove or remedy the conditions within ten (10) days after the date of such notice. Such notice shall be in writing and shall be served on the owner, tenant, lessee, agent, or occupant in person or mailed to him or her at the latest known address. In the event personal service cannot be made and an address is not known, such notice shall be published at least one time in a newspaper that has general circulation within the City of Cibolo, Texas. Further, in the event no response, removal or remedy of any condition existing in section one, two or three of this ordinance and said 10 day notice goes un- answered, the City of Cibolo shall issue or cause to be issued a citation re- quiring appearance of said owner, tenant, lessee, agent or occupant of premises before the Municipal Court of Cibolo. SECTION 5 REMOVAL OR CORRECTION BY THE CITY GENERALLY -- In the event the owner, tenant, lessee, i •t r agent or occupant of any lot or premises cannot be located and/or notified, the City may elect to provide service ( in house or contracted) to remove or remedy the condition and charge the expense incurred thereby to the owner, tenant, lessee, agent or occupant of the premises, and such expense shall first be added to the water, sewer and garbage statement, if such service is provided. Second, if owner, tenant, lessee, agent or occupant cannot be located, then the expense shall be assessed against the real estate upon which the work was done. A statement of the expense incurred will be certified by the City Secretary and sent to the violator of this section of this ordinance. The owner, tenant, lessee, agent or occupant will be given a period of fifteen (15) days for total reimbursement to the City. At the end of the fifteen (15) day period, the amount of such expenses, if unpaid, shall bear fifteen (15) percent annum interest from the date of certification by the City Secretary. SECTION 6 RESTRICTIONS IMPOSED UPON PROPERTY UNTIL LIEN IS CLEARED -- In the event no collection can be made by the City for the expenses incurred by removing or remedying any of the conditions described in sections one, two or three of this ordinance and before and after a lien is filed against such property, the City shall have the right to impose the following conditions on such property, until such lien is cleared: a. If the property is an e►pty lot, no building permit of any type will be issued by the City. b. If the property is a lot with building improvements, no remodeling or modification or improvement permit will be issued by the City and no water, sewer, or garbage service will be provided. c. A sum of Thirty ($30) Dollars for administrative cost will be levied against the violator, and another Thirty ($30) Dollar charge will be added for filing of a lien against the property, if a lien is filed. In addition, any other administrative costs incurred by the City in administering the conditions of this ordinance will be duly charged to the violator as well. SECTION 7 STATEMENT OF EXPENSES; LIEN FOR AN INTEREST ON EXPENSES; SUIT TO COLLECT EXPENSES -- The City Secretary shall file with the County Clerk a statement of expenses in- curred under Section Five of this ordinance, giving the amount of such expenses and the date on which the work was done or improvements made, the amount to include aforementioned administrative and lien filing fees and City shall have a priviledged 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. For any expenditure 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, or a certified copy thereof, shall be prima facia proof of the amount expended for such work or improvements. SECTION 8 PENALTIES -- Any violation by any person, firm, or corporation of this ordinance is 4 I. declared to be unlawful and a misdemeanor and any violation thereof shall be fined not to exceed Two Hundred ( $200.00) Dollars per day. Any person in violation of this article, as stated in Section Seven of this ordinance, and having paid a fine assessed for such violation, shall not be relieved of the expense incurred by the City for removing or remedying the conditions prescribed in sections one, two, or three of this ordinance. SECTION 9 PENALTY FOR FAILURE TO MAINTAIN -- Property owners failing to maintain their lawns, lots, and easements will be subject to a penalty not to exceed $200.00 per day -for each day said condition of lack of maintenance exists as a violation of this ordinance. SECTION 10 APPLICATION OF PROVISIONS -- The provisions of this ordinance will apply to all property other than land that is undeveloped or used for agricultural purposes. SECTION 11 REPEAL OF ORDINANCE - - Ordinance Number 305 of the City of Cibolo, having been adopted on January 20, 1983 and Ordinance Number 378 of the City of Cibolo, having been adopted on July 1, 1986, and Number 383 of the City of Cibolo having been adopted October 7, 1986 are hereby repealed. PASSED, APPROVED AND ADOPTED THIS 25th DAY OF November , 1986. BILL LITTLE, MAYOR ATTEST: CI SECRETARY )14-