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HomeMy WebLinkAboutOrdinance 4177 r f" ORDINANCE NO. 41,171 AN ORDINANCE REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO GROW WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH UPON PRIVATE PREMISES; REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO GROW ALONG OR ADJACENT TO PUB- LIC STREETS; PROHIBITING THE OBSTRUCTION OF ANY STREET OR ALLEY; REQUIRING THE CUTTING AND REMOVAL OF CERTAIN WEEDS AND GRASS BY CERTAIN PERSONS; PRO- VIDING FOR THE CUTTING AND REMOVAL OF GRASS AND WEEDS BY THE CITY OF FORT WORTH WITH THE COST INCURRED TO CONSTITUTE A LIEN; PROVIDING A PENALTY FOR THE VIOLA- TION HEREOF; PROVIDING A SAVINGS CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING THE GROWTH OF GRASS, WEEDS OR UNCULTIVATED PLANTS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied within the corporate limits of the City of Fort Worth to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve inches on an average or to grow in rank profusion upon said premises. Section 2. It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or, control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied within the corporate limits of the City of Fort Worth to suffer or permit grass, weeds or any plant that is not cultivated to grow along the sidewalk or street adjacent to the same between the property line and the curb or if there is no curb then within ten feet outside that property line to a height greater than twelve inches on an average or to grow in rank profusion upon said premises. Section 3. It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied within the corporate limits of the City of Fort Worth to remove or cause to be cut and removed all such grass, weeds or plants as often as may be necessary to comply with Section 1 and 2 of this ordinance. Section 4. It shall be unlawful for any person to wilfully obstruct or injure or cause to be obstructed or injured or maintain an obstruction in any manner whatsoever upon any street or alley adjacent to any premises owned or controlled by said person within the corporate limits of the City of Fort Worth. Section 5. In the event that the owner of any lot, tract, parcel of land, or a portion thereof, situated within the corporate limits of the City of Fort Worth shall fail to comply with Section 3 of this ordinance, then the Director of the Department of Public Works may notify such owner by letter addressed to such owner at his post office address or by publication as many as two times within ten consecutive days in the official newspaper if personal service may not be had as aforesaid or the owner's address be not known, of said owner's failure to comply with Section 3 of this ordinance, and, at the expiration of ten days after notification, the City of Fort Worth may enter upon such premises and may do such work as necessary or cause the same to be done in order that the premises comply with the requirements set forth in Section 3. A bill for the cost incurred by the City of Fort Worth resulting from the abatement of the above described condition shall be mailed to the owner of said premises and must be satisfied within thirty days of the date of mailing of said bill. In the event that said bill has not been satisfied within the specified period, the Mayor of the City of Fort Worth may file a statement with the County Clerk of Tarrant County of the expenses incurred in the abatement of the above described condition on said premises and the City of Fort Worth shall have a privileged lien on any lot or lots upon which such expense is incurred second only to tax liens and liens for street improvements and ten per cent on the amount from the date such payment is due. For any such expenditure and interest as aforesaid suit may be instituted and recovery and foreclosure had in the name of the City of Fort Worth and the statement so made as aforesaid, or a copy thereof, shall be prima facie proof of the amount expanded in any such work performed by the City of Fort Worth. Section 6. Any person violating any of the provisions of this ordinance shall, upon conviction, be fined in any sum of money not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Each day any such violation of this ordinance shall continue shall constitute a separate offense. Section 7. If any section, subsection, clause, sentence, phrase or word of this ordinance is for any reason held void or unconstitutional by a court of com- petent jurisdiction, such invalidity shall not affect the validity of the remaining sections, subsections, clauses, sentences, phrases or words, except as the same are inseparable from and indispensable to the remaining portions of the ordinance. Section 8. This ordinance shall be cumulative of all other ordinances of the City of Fort Worth relating to the subject matter hereof except where such ordinances or parts thereof are in conflict with the provisions of this ordinance, in which event, such ordinances or parts of ordinances so con- flicting are hereby expressly repealed. Section 9. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO FORM: 3 Assistant-City torney cc - Mr. Cookingham Y OF FORT WORTH Mr. Thelin TEXAS Mr, Curlee THE SUBJECT MATTER OF THIS CIcff OF FORS' WORTHKr. Rouer M. & C. C. WAS PRESENTED ,Q &I Jy ,.C�p TEXAS THUIa �-J1 19JyUNCl19.--...... `7rri. 7 A.CT1 ❑ N 11? App ?7yCs-pi: THE CIT KAxAGNM Communication to Mayor and Council N. log_ ❑ Df5 pprOVED EL DEr �onnomb-W ���� g r a n d --------------------Memb-er.s.__o_f---th C i ty Council ❑ RE Irpof Fort rth Mrs. McKnight nd Gentlemen: Transmitted herewith is a proposed new ordi.nance providing a means of con- trol for weeds growing on private property. It is felt that this new ordinance will prove more effective in controlling objectionable weed growth in the City of Fort Worth and will also provide a means whereby the City will be reimbursed for its expenditures in cutting weeds on private property. PRESENT PROCEDURES Present City ordinances provide that, for reasons of public health and fire hazards, it is illegal to have weeds over 12" tall on private property. These ordinances have proven unenforceable. The City's policy has been to have Public Works crews cut weeds on all open property, whether public or private, throughout the three and one-half month summer growing season. Weeds on private property are cut unless the area is fenced in. Several years ago a charge was made for cutting weeds on private property in those instances where owners of the property requested that the weeds be cut. Only a nominal amount was collected from this charge, however, and the practice was discontinued since the revenue gained did not justify the clerical effort required. For 1958-59, there was budgeted approximately $30,000 for weed cutting. Somewhat less than one-half of this work is on private property. The City operates 3 trucks and 4 mowers of its own during the three and one-half months weed cutting season. In addition, the City hires 10 mule-drawn mower teams to help with the weed cutting program PROPOSED WEED CUTTING ORDINANCE The new weed cutting ordinace has been drafted under the authority of H.B. #819, passed by the Legislature on May 11 , which became effective August II , 1959. This new law permits Texas cities of over 5,000 population "to require the owner of any lot or lots within such city or town to keep the same free from weeds, rubbish, brush and any and all other objection- able, unsightly or unsanitary matter of whatever nature. . . . ...." It fur- ther provides that if it is necessary to use City crews for cutting the weeds, the property owner may be billed for the cost of the work and unpaid bills may be made a lien against the property in question. The proposed ordinance incorporate these features of the sate statute, thus providing a means whereby the City can recover whatever expense it incurs in cutting M & C #109 August 21 , 1959 Page 2 weeds on private property. The ordinance further provides that persons vio- lating the provisions of the ordinance may be charged in Corporation Court and, if convicted, may be fined from $ 1 .00 to $200. Each day's violation constitutes a separate offense. The new ordinance differs from present ordinances in that, ( 1) a nuisance or health hazard does not have to be proven to obtain conviction; (2) each day's violation constitutes a separate offense; and (3) a procedure is established whereby the City may be reimbursed for any weed cutting it must do on private property. RECOMMENDED NEW PROCEDURE Upon passage of the proposed weed cutting ordinance by the City Council , the administrative staff will initiate the procedural steps set forth below in order to abate the weed nuisance. It is not anticipated these procedures will be fully established until the 1960 growing seasnon, but limited action may be possible during the present year. The objective of the City proce- dures shall " ., (1) to encourage the property owner to cut his own weeds; (2) to cut the property owner's weeds for him if this becomes necessary; and (3) to recover the City's cost if it performs the weed cutting service. It Is proposed that at the beginning of each weed cutting season the Director of Public Works shall insert prominent advertisements in the news- papers outlining the requirement that weeds be not over 12" high, that upon violation of this requirement, fines may be levied in the Corporation Court, and stating the City's authority to cut the weeds 'if necessary and to bill the property owner. The property owners would be advised that unpaid bills would become liens against the property affected. 'The purpose of this news- paper notice would be to encourage cutting by the individual property owners and make unnecessary the further measure set forth by the weed ordinance. Upon receiving complaints regarding weeds or learning of weed problems in other ways, the Public Works Department will determine proper action to be taken under the ordinance, whether it be citing the violation in Corpor- ation Court or initiation of procedures that would allow the City to cut the weeds. If legal action appears necessary, the case will be turned over to the Law Department for prosecution. If it is determined that the City should cut the weeds, then the Public Works Department shall check with'the Tax Office to determine the property ownership and shall send a form letter to the owner advising him of the City's intention to cut the weeds ten days after the notices has been sent. Notice can' also ho.,given by publication twice in the City's official newspaper. If after ten days the weeds have not been cut, Public Works crews shall perform this service and a determi- nation as to cost of the service shall be made. This information will be sent to the Accounting Department, which will bill the property owner, pro- viding for payment in 30 days. If after 30 days the bill has not been paid, a courtesy reminder will be sent. Then after a reasonable time, the Account- ing Department will prepare a statement to be filed with the County Clerk of M & C #109 August 21 , 1959 Page 3 the expenditure incurred, thus establishing a privileged lien, second only to tax liens and liens for street improvements. Necessary foreclosure suits will be handled by the Law Department. Also under study is the possibility of including liens for weed cutting and street improvements on real property tax bills. If determined feasible, such a practice could begin with the 1960 tax billings. It is felt that this combined approach will alleviate the problems the City has had in the p-ast in regard to uncut weeds, while at the same time the City's net expenditures should be reduced. The procedure has been approved by the Law Department. If this approach to the solution of the weed problem meets the approval of the Council , the accompanying ordinace should be introduced and be enacted. Respectfully submitt d, 4 LPCsih L. P. Cookingham City Manager attach.