Loading...
HomeMy WebLinkAboutOrdinance 7367 0000, ORDINANCE NO. AN ORDINANCE AMENDING SECTION 38 OF CHAPTER 27 OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BEING AN ORDINANCE PROVIDING FOR THE TRANSFER OF DELEGATED AUTHORITY FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO THE DIRECTOR OF THE PARK AND RECREATION DEPART- MENT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH; REPEALING ALL ORDINANCES OR PROVISIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 38 of Chapter 27 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended to read as follows: "In the event that the owner of any lot. tract, parcel of land or a portion thereof situated with- in the city shall fail to comply with section 27-37, then the Director of the Park and Recreation Department may notify such owner by letter address- ed to him at his post office address, or by publica- tion as many as two (2) times within ten (10) con- secutive days in the official newspaper, if personal service may not be had as aforesaid, or the owner's address be not known, of such owner 's failure to comply with section 27-37, and at the expiration of ten (10) days after notification, the city may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth in section 27-37. A statement of the cost incurred by the city to abate such condition shall be mailed to the owner of such premises which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that such abatement has not been paid within such period, the mayor may file a statement with the county clerk of Tarrant County of the expenses incurred to abate such condi- tion on the premises, and the city shall have a privileged lien on any lot, tract or parcel of land upon which such expense is incurred second only to tax liens and liens for street improvements, together with ten per cent (10/) on the delinquent amount from the date such payment is due. For any such ex- penditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city, and the statement so made, as aforesaid, or a copy thereof shall be prima facie proof of the amount expended in any such work performed by the city." SECTION 2. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council with- out the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. That this ordinance shall be and is hereby declared to be cumulative of all ordinances and all provisions of the Code of the City of Fort Worth, and any amendments thereto as authoriz- ed by Article 4436, Revised Civil Statutes of Texas, regulating the height to which grass, weeds, or uncultivated plants shall be permitted to grow upon private premises or along or adjacent to public streets or ways within the corporate limits of the City of Fort Worth, except in those instances where the provisions of this ordinance are in direct conflict with such ordinances, pro- visions of such Code, and amendments thereto, in which instances said conflicting ordinances, provisions of such Code and amend- ments thereto are hereby repealed. -2- SECTION 4. That all pending litigation and existing violations, both civil and criminal, whether pending in court or not, under Section 38 of Chapter 27 of the Code of the City of Fort Worth and amendments thereto superseded by this ordinance shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That any person, firm, association of persons, com- pany or corporation, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) , and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such, all as provided for in Section 1-5 of Chapter 1, of the Code of the City of Fort Worth (1964) , as amended. SECTION 6. That this ordinance shall become effective and be in full force and effect from and after its passage and publica- tion as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: dw1k, City Attorney -3- +� City of Fort Worth, Texas .mayor and Council Communication sAiuFr ORNIAM DATE REFERENCE SUBJECT: Proposed Amendment to Section 38 PAGE C^mNUMBER of Chapter 27 of the Code of the City PSEu. 6/14/76 G-3079 of Fort Worth - Weed Control for On October 1, 1975 the Weed Control Section of the Public Works Department was transferred to the Park and Recreation Department, but the ordinance was not changed to reflect this transfer. The attached ordinance implements the departmental reassignment for this activity. Recommendation It is recommended that the City Council approve the attached ordinance amending Section 38 of Chapter 27 of the Code of the City of Fort Worth. 3MT:vm Attachment SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY APPROVED ❑ OTHER (DESCRIBE) a dA CITY SECRETARY DATE CITY MANAGER 4O — 1 J4- _'r6