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HomeMy WebLinkAboutOrdinance 4782 ` 9 rJQ� OFFICIAL RECORD ORDINANCE NO. *�-�1[� CITY SECRETARY AN ORDINANCE AMENDING ORDINANCE NO. 4177, THE SAME FTC WORTH, Ta.BEING AN ORDINANCE REGULATING THE- HEIGHT TO WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PER- MITTED 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 PUBLIC STREETS; REQUIRING .THE OWNER OF ANY LOT OR LOTS TO KEEP THE SAME FREE .FROM .RUBBISH., BRUSH AND ANY AND ALL OTHER OBJECTIONART,E. UNSIGHTLY OR UNSANITARY MATTER OF WHATEVER NATURE;REQUIRIkG THE CUTTING AND REMOVAL OF CERTAIN WEEDS AND.GRASS; 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 VIO- LATION HEREOF; PROVIDING A SEVERABILITY� CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF ALL_QTHER ORDINANCES AFFECTING THE GROWTH OF GRASS, WEEDS OR UNCULTIVATED PLANTS; AND NAMING 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, part- nership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied ortunoccupied, improved or unimproved, 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 (12") on an average or to grow in rank profusion upon said premises. With respect to lots, tracts or parcels of land of two or more acres under single ownership, the-,provisions of this sec- tion shall not be applicable to the area in excess of one hundred feet (100') from any open public street or way, or to the area in excess of one hundred feet (100') from any adjacent property under different ownership on which habitable dwellings are located. 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 portion thereof, occupied or unoccupied, improved or unimproved, 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 in rank profusion, or other- wise, in, along, upon or across .the sidewalk or street adjacent to same in the area between the property line and the curb line or within the area ten feet (10° )beyond the property line to a height greater than twelve inches (12") on an average. SECTION 3. 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 portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Fort Worth to suffer or permit any rubbish, brush, any and all other objectionable, unsightly or unsanitary matter of what- ever nature to accumulate or be present upon any such lot, tract or parcel of land. SECTION 4. 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 portion thereof, occupied or unoccupied,im- proved or unimproved, within the corporate limits of the City of Fort Worth to cut, or cause to be cut, and remove, or cause r •Z' ,� , to be removed, if necessary, to comply with Section 3 of this ordinance, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of Sections 1, 2 and 3 of this ordinance. 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 4 of this ordinance, then the Director of the Department of Public Works may notify such owner by letter addressed to him 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 4 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 may comply with the requirements set forth in Section 4. A state- ment of the cost incurred by the City of Fort Worth to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty days of the date of the mailing thereof. In the event that said statement has not been paid within such period, the Mayor of the City of Fort Worth may file a statement with the County Clerk of Tarrant County of the expenses incurred to abate such condition on said premises, and the City of Fort worth 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 on the delinquent amount from the date such payment is due. For any such expendi- ture 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 expended in any such work performed by the City of Fort Worth. SECTION 6. Any person violating any of the provisions of this ordi- nance shall, .upon cbnviction, 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 uncon- stitutional by a court,of competent jurisdiction, such invalidity shall not affect the validity of the remaining sections, sub- sections, 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 conflicting 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 AND LEGALITY: City Attorney 'CITY OF FORT WORTH, TE� OF FORT WORTH THE SUBJECT MATTER OF THIS M.9 IC, L� d'lJ l Vd 1 id �. 'i�lAS PRESZNTED O THE CITY COUNCIL TEXAS DEC�1�2 ARD ti� El O�FICE_QF ITY ANAGE Communication to Mayor UFFICIAL RECORD ��— December 31, 196 CITY SECRETARY y Secretary FT. WORTH, TEX. Honorable Mayor and r zJ Members of the City Council Re: Amendments to and Changes in City of Fort Worth Enforcement Procedures Related to the Weed Control Ordinance Mrd. McKnight and Gentlemen: Since passage of the Weed Control Ordinance (No. 4177) on August 21, 1959, a number of problems related to the administration and enforcement of this ordinance have been experienced. The purpose of this communication is to recommend a course of action-tw'fii-ch will facilitate enforcement of this ordinance, and to provide the City Council a comparison of the program work load during the past two fiscal years. Amendments to the Weed Control Ordinance The attached copy of a proposed revised Weed Control Ordinance includes the following amendments: 1) Section I provides that the owner of a tract or adjacent vacant lots containing two acres or more will be required to cut only within one hundred feet of an open public street or way or within one hundred feet of an adjacent property on which habitable dwellings are located. At the present time, cutting of the entire tract is required. This procedure should be satisfactory to most citizens, and at the same time eliminate the high cost of 'cutting weeds and other debris from many acres of property in undeveloped areas. 2) A new Section III is added to prohibit the leaving on any lot of refuse or rubbish or any other objectionable or unsanitary material which would cause unpleasant or noxious odors or which might become a breeding place for insects or vermin. 3) The old Section IV, which prohibits the willful obstruction of a street or alley, is eliminated from the ordinance. This-7matter is covered in Chapter 32, Section 33 of the City Code. 4) The language of Section IV (old Section III) has been changed to require the removal of weed cuttings from a lot only when such cuttings are objectionable, unsightly, or unsanitary. This will make it unnecessary to remove weed cuttings when such devices as rotary mowers - which reduce cuttings to small particles - are used. This will reduce the cost of weed cutting in some cases, and will expedite weed cutting work by City crews. � • 3 F T r.&C c- 401 EFOR:TH, ECORD December 31, 1962 Page 2 EfpRY TEX. Ticketing Procedure At the present time, the Street Division of the Public Works Department is charged with the responsibility of cutting weeds on all properties where owners have been notified by the Public Works Department of the growth of weeds and grass on their property butt have not corrected the ordinance violation in the prescribed time. Street Division equipment and personnel have not been sufficient to promptly discharge this responsibility in all cases. Section VI of the Weed Control Ordinance states that "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). Each day any such violation of this ordinance shall continue shall constitute a separate offense." It is recommended that this ticketing procedure be applied in enforcement of the Weed Control Ordinance in lieu of having the Street Division cut the weeds, in the following instances: 1) Where a tract contains two acres or more. 2) Where a lot is filled with junk and debris. It is often impossible to cut these lots with mowers, and the 'City does not have sufficient personnel to cut them by hand. 3) Where a lot is fenced so that it is inaccessible to a City mower. Again, it is uneconomical for a mower to set idle while a mower operator and helper cut by hand, 4) Where a tract is located in a wooded area. Owners often complain about the City cutting trees from tracts, and have an occasions i filed claims for damages. It is hoped that the ticketing process will speed the correction of viola- tions by encouraging property owners to voluntarily correct .weed growth violations. Progress Report on Weed Control Program Due to abnormally heavy rainfall and growing citizen awareness of the weed problem, the workload of this activity increased a great deal in the past year as compared to prior years. This is indicated by the following statistics, which pertain both to the Weed Control activity in the Engineer- ing Division, which processes weed complaints, and to the Weed Cutting activity in the Street Division: M&C G-401 December 31, 1962 OFFICIAL RECOM Page 3 CITY SECRETARY Unit of Work 1960-61 9 - QRTH, TEX. Telephone Calls Received regard- ing Weed Violations NA 4,401 Violation Notices Mailed 2,481 3,000 (est.) City Parkways Cut (Blocks) 11,375 22,370 Alleys Cut (Blocks) 1,557 1,62� Lots Cut 378 990 Tracts Cut - 34 The City collected $2,982 in revenue for weed cutting done by City forces during the 1961-62 fiscal year, as compared to $536 in 1960-61. The rate of receipt of revenue continues to increase. For October and November, 1962, $1,008 has been collected against $603.20 collected during the same period in 1961. Complete Analysis of Program Being Made The administrative staff is making a study of the weed control program procedures at the present time, including the clerical work, the inspec- tion process, and the cutting of weeds. This analysis is aimed at effect- ing means of making this service as effective and efficient as possible. One major proplem is that of speeding up the process of correcting weed complaints which are made by citizens. The study will streamline pro- cedures to .the limit allowed by State law, and will pinpoint the amount of ,equipment and personnel required to provide a satisfactory level of service Summary of Recommendations In order to provide assistance in enforcement of the Weed Control Ordinance it is recommended that the City Council take the following action: 1) Adopt the revised weed control ordinance, which incorporates the four amendments outlined in the first part of this communication. 2) Authorize increased issuance of tickets to enforce compliance with the ordinance in situations where it is difficult for Street Division equipment to cut the lot or tract, as described in this communication. Street Division forces would cut such tracts and lots only in unusual circumstances. This procedure will reduce the cost of enforcement and perhaps will induce reluctant property owners to conform to ordinance provisions. ' OFFIS'Ll M&C G-401 December 31, 1962 CITY SECRE U RY Page 4 FT. WORTH, TEA. The steps outlined herein will not solve all problems related to enforce- ment of the Weed Control Ordinance, but they will improve this important City opethtion. If further studies indicate additional Council action is needed, recommendations will be forthcoming at a later date. Respectfully submitted, l LPC:ih L. P. Cookingham City Manager attachment