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