4-13-99  ORDINANCE NO. 104  AN ORDINANCE PROHTBITING STAGNANT WATER, FILTH, WEEDS AND RUBBISH AND OTHER UNSIGHTLY MATTER WITHIN THE CITY OF THRALL, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY CLAUSE; AND  PROVIDING FOR PUBLICATION.  WHEREAS, the City Council of the City  determined there is a need for prohibition of Thrall, Texas, has  filth, weeds and rubbish within the  limits of stagnant water,  and  City  of Thrall, Texas; filth, weeds and Texas, will be in the  WHEREAS, the prohibition of stagnant water, rubbish within the City limits of Thrall, best interest of the public health, the citizens of Thrall, Texas.  safety, and general welfare of  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL  OF THRALL, TEXAS: SECTION 1.  OF THE CITY  All of the facts recited in the preamble to this Ordinance are hereby found by the City Council to be true and correct and are  incorporated by reference herein and expressly made a  as if copied herein verbatim.  part hereof,  SECTION 2.  PLACES WHERE WATER MAY ACCUMULATE PROHIBITED  It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Thrall, permit or allow holes or places on said lots where water Texas, to accumulate and become stagnant, or to permit same to remain. may  SECTION 3.  ACCUMULATION OF STAGNANT WATER PROHIBITED, :  It shall be unlawful for person, firm or corporation who shall own or occupy any lot or lots in the City of Thrall, Texas, to permit  or allow the accumulation of stagnant water thereon,  same to remain. SECTION 4.  or to permit  ACCUMULATION OF ANY CARRION, FILTH OR OTHER  UNWHOLESOME MATTER PROHIBITED  It shall be unlawful for any. person, firm or corporation who shall own or occupy any.house, building, establishment, lot or yard in  1    the City of Thrall, Texas, to permit or  other impure or unwholesome matter to allow any. carrion, filth or  accumulate or remain thereon.  SECTION 5.  ACCUMULATION OF WEEDS, BRUSH,  ETC., PROHIBITED  It shall be unlawful for any allow weeds, rubbish, brush or unsanitary matter to  own or occupy any lot or lots person, in firm or corporation who shall  the City of Thrall, Texas, to  or any other unsightly, objectionable accumulate or grow on said lot or lots.  SECTION 6.  OWNER TO ABATE NUISANCES WITHIN TEN  NOTIFICATION  (10) DAYS AFTER  Any owner of such lot or lots that:  a. have places thereon where stagnant water. b. have any premises or building upon which or other impure or unwholesome matter C. allow weeds, rubbish, brush or other  and/or which are not properly drained, may accumulate  carrion, filth may be and/or,  thereon objectionable or unsanitary matter to grow or unsightly, accumulate after the City gives written notice. The ten (10) days in the form of a letter addressed to notice shall be post office address or by publication the owner at his  shall abate said nuisance within  within ten (10) consecutive Williamson County.  two (2) times  days in any newspaper in  SECTION 7.  CHARGES FOR REMOVAL BY CITY TO BE ASSESSED TO OWNER  In the event owner cannot be notified nuisances after notification, then the fill or drain, remove filth, weeds, rubbish, brush, done or in making improvements  or fails to abate the City of Thrall, Texas, may  carrion, or cut down and/or remove  or any other unsightly,  unsanitary matter, or cause the same to be done. objectionable The lots or real estate shall be to remove the nuisance from the lot, or real estate upon which the assessed to the owner of the lot, lots  or  expenses incurréd by the City in doing the  charge and  work or having the work  expense was incurred.  SECTION 8.  CITY TO HAVE PRIVILEGED LIEN  The Mayor or City Health Officer of the  shall cause a statement of owner, improvements, the the work was done or  City of Thrall, Texas,  of this Ordinance to be filed any expenses incurred under Section 7.  by giving the name of the property amount of the expenses, the date on which improvements made and a legal description of  the  property, with the County Clerk of Williamson County, Texas.  2    The City of Thrall, Texas, shall have a or lots or real estate upon which the made to secure the expenditures now written or hereafter was filed. It is further statement or expenses so made  privileged lien on the lot work was done or improvements Safety Code Section 342.006, as interest from the date the statement  provisions of V.T.C.A. Health and so made, in accordance with the to tax liens and lièns for amended, which lien shall be second only shall bear ten percent (10%) street improvements, and the amount interest suit may be instituted provided that for any expenditures and lien may be had in the name of the and recovery and foreclosure of the prima facie proof of the or a certified copy thereof, shall be  City of Thrall, Texas; and the amount expended for the work or  improvements. SECTION 9.  LIABILITY OF CORPORATION  In case the owner or occupant' of the provisions of this Ordinance any shall violate any provisions of this President, Secretary, Treasurer of Ordinance, the severally liable for the penalties  lot, lots  or real estate under be a corporation, and shall the President, Vice- corporation shall be also provided in this Ordinance.  SECTION 10.  SEVERABILITY CLAUSE  The provisions of this Ordinance are  sentence, section or other part of this severable, and if any to be invalid, the invalidity shall Ordinance should be found  provisions, and the force and effect. SECTION 11.  not affect the remaining  remaining provisions shall continue in full  REPEALING CLAUSE  All other ordinances, parts of ordinances or  conflict with this Ordinance are hereby repealed resolutions in  any such conflict. SECTION 12.  to the extent of  PENALTY CLAUSE  Any person, firm or corporation violating this Ordinance shall be deemed conviction in the municipal Dollars ($500.00) fire safety,  the  any of  provisions of  guilty of a misdemeanor and, upon exceed the sum of Five Hundred  shall be subject to a fine not court to of the City of Thrall, Texas, different penalty has been established except however, where a offense the penalty shall be that fixed by state law for such  for each offense,  offense which is a violation of  by state law, and for any  any provision of law that governs  zoning, or public health and sanitation,  dumping of refuse, the penalty shall be a fine not sum of two thousand dollars ($2,000.00) for  including to exceed the  and every day said violation is continued each.offense; shall constitute and each  separate. offense.  a  3    SECTION 13.  PUBLICATION  The City Secretary is hereby authorized and directed to publish contained therein, in the manner and for the penalty length. provision of time  caption of this Ordinance, together with the  the  prescribed by law.  PASSED AND APPROVED this 134day of April, 1999, by a vote of 2 "Ayes" and / "Nos" with 3 members of Council  and voting.  present  James Dvorak Malyor ATTEST:  Jpnk  APPROVED AS TO FORM: Ted W. d City Attorney  Barbare Koln  Barbara Kelm City Secretary  CERTIFICATE  THE STATE OF TEXAS COUNTY OF WILLIAMSON  I, Barbara Kelm, being the current City Secretary of the of Thrall, Texas, do hereby certify that the attached is a true City and the City Council of the City of Thrall, Texas, on the 73Zday by of April, 1999, and such Ordinance was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Government Code  correct copy of Ordinance No. 104  passed and approved  Section 551.043.  Witness my hand and seal of office this 73-day of April,  1999.  Bak-kob Barbara. Kelm, City Secretary  4