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Home My WebLink AboutO-38-6-62ORDINANCE NO.314 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF ALLEN, TEXAS, BY PROVIDING FOR THE FILLING UP AND DRAIN- AGE OF LOTS THAT SHALL HAVE UNWHOLESOME PLACE OR PLACES WHERE STAGNANT WATER MAY ACCUMULATE THERE- ON: THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLESOME MATTER: REQUIRING OWNERS OR OCCUPANTS OF LOTS IN THE CITY OF ALLEN, TEXAS TO KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR INSANITARY MATTER: PROVIDING FOR NOTICE TO BE GIVEN TO OWNERS OF PREMISES IN CASE OF FAIL- URE OF OWNER TO MAKE LOTS AND/OR PREMISES SANI- TARY AND SIGHTLY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF ALLEN, TEXAS; PRO- VIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT: AND DECLARING AN EMERGENCY, AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE 11HEREAS, it is deemed by the City Council of the City of Allen, Texas, that it is dangerous to the public health for lots in the City of Allen, Texas to have places thereon where stagnant water may accumulate and for filth, carrion or other impure and unwholesome matter to accumulate on lots in said city and that it is dang- erous to public health and constitutes a fire hazard to have weeds, brush, rubbish and other unsightly matter on lots in the City of Allen, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS SECTION 1. That it shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Allen, Texas, to permit or allow holes or places on said lots where water may accumulate and become stagnant, or to permit same to remain. SECTION 2. It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots.,, in the City of Allen, Texas, to permit or allow the accumulation of stagnant water thereon, or to permit same to remain. SECTION 3. It shall be unlawful for any person, firm or corporation who shall own or occupy any house, build- ing, establishment, lot or yard in the City of Allen, Texas to permit or allow any carrion, filth or other im- pure or unwholesome matter to accumulate or remain there- on. SECTION 4. It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Allen, Texas, to allow weeds, rubbish, brush or any other unsightly, objectionable or unsanitary mat- ter to accumulate or grow on said lot or lots. SECTION 5. Should any owner of such lot or lots that have places thereon where stagnant water may accumulate, and/or which are not properly drained, or the owner of any premises of building upon which carrion, filth or other impure or unwholesome matter may be fail, and/or refuse, to drain, and/or fill the said lot or lots or remove such filth, carrion or other impure or unwhole- some matter as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his post office address, or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Allen, Texas, if personal service may not be had as aforesaid, or if the owner's address be not known; then in that event, the City of Allen, Texas, may do such filling or drainage or removal of filth, carrion, etc., or any other unsightly, objectionable or unsanitary mat- ter, or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate, and if such work is done or improvements made at the expense of the City of Allen, Texas, then such expense or expenses shall be assessed on the real estate, or lots upon which such expense was incurred. SECTION 6. Should any owner of any lot or lots within the City of Texas, who shall allow weeds, rubbish, brush or any other unsightly, objectionable or unsanitary mat- ter to grow or accumulate thereon, fail and/or refuse to cut down and/or remove such weeds, rubbish, brush or ot- her unsightly, objectionable or unsanitary matter, as the case may be, within ten (10) days after notice to said owner to do so, in writing, or by letter addressed to such owner at his post office address, or within ten (10) days after notice by publication as many as two (2) times within ten (10) consecutive days in any newspaper in Allen, Texas, the City may do such cutting down and/ or removing such weeds, rubbish or other unsightly, ob- jectionable or unsanitary matter, or cause the same to be done and may pay therefor, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate; and if such work is done or improvements made at the expense of the City of Allen, Texas, then such expense or expenses shall be assessed on the real estate, or lot or lots upon which such expense was in- curred. SECTION 7. The Mayor or City Health Officer of the City of Allen, Texas shall file a statement of such expenses incurred under Section 5 or under Section 6 of this ordi- nance, as the case may be, giving the amount of such ex- penses, the date of which said work was done or improve- ments made, with the County Clerk of Collin County, Texas; and the City of Allen, Texas shall have a privileged lien on such lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made, which said lien shall be second only to tax liens and liens for street improvements; and said amount shall be second only to tax liens and liens for street improve- ments; and Said amount shall bear ten per cent (10%) in- terest from the date said statement was filed. It is further provided that for any such expenditures, and in- terest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City of Allen, Texas; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. SECTION 8. Any person, firm or individual who shall vio- late any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two Hundred Dollars ($200), and each and every day's violation shall constitute a separate and distinct offense, in case the owner or occu- pant of any lot or lots or premises under the provisions of this ordinance shall be a corporation, and shall vio- late any provisions of this ordinance, the president, vice-president, secretary, treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided. SECTION 9. That if any part of this ordinance is, or should be held invalid for any reason, then that fact shall not invalidate the entire ordinance, but the bal- ance thereof shall remain in full force and effect. SECTION 10. All other ordinances or part of ordinances in conflict with this ordinance are hereby repealed. SECTION 11. The fact that the City of Allen has no ordi- nance regulating the prevention of stagnant water, filth, carrion or other impure and unwholesome matter, and weeds, brush, rubbish from accumulating on lots in the City of Allen and such conditions are dangerous to the public health and constitute a fire hazard creates an emergency and, dire public necessity, the caption of this ordinance is to be published one time in a newspaper having general circulation in the City of Allen and shall become effect- ive immediately upon its passage and publication. Passed and approved this the 2day of, 1962. en ry ri Jongo, mayor CORRECTLY RECORDED: CITY Secretavy APPROVED: `ED�,%��r/% Alex M. Orr City Attorney