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O-438-5-83I ORDINANCE NO. 438-5-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF ALLEN BY REPEALING CITY ORDINANCE NO. 38; BY DECLARING IT UNLAWFUL TO ALLOW WEEDS AND GRASS TO GROW TO A HEIGHT IN EXCESS OF 12" WITHIN THE CITY; BY DECLARING IT UNLAWFUL TO PERMIT THE ACCUMULATION OF OBJECTIONABLE, UNSANITARY OR UNSIGHTLY MATERIAL ON ANY REAL PROPERTY; PROVIDING FOR CERTAIN AGRICULTURAL EXEMPTIONS FROM HEIGHT RESTRICTIONS; PROVIDING FOR THE ABATEMENT OF VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF. WHEREAS, it is in the interest of the safety and welfare of the citizens of the City of Allen that property within the City be kept free and clear from high vegetation, objectionable, unsanitary and unslightly matter and other debris; and, WHEREAS, the City of Allen, as an exercise of its police power, is authorized by Article 4436 of the Texas Revised Civil Statutes to require that property be maintained free from objectionable, unsanitary and unsightly materials; and, WHEREAS, it is recommended by the City Staff that changes be made in the regulation of objectionable, unsanitary and unsightly materials and in the enforcement of these regulations. 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 owning, claiming, occupying or having supervision or control of any real property to permit weeds, grass, brush or any unsightly vegetation to grow to a greater height than twelve (12) inches upon any such real property or to permit the accumulation of any other objectionable, unsanitary or unsightly matter including, but not limited to, dead grass, tree limbs, u Ordinance No. 438-5-83 - Page 1 a stumps, waste paper, scrap wood or lumber, scrap metal, rags, rubber tires, bottles, appliances, furniture, dismantled or disassembled vehicle parts, discarded or abandoned construction material and exposed or uncovered fill materials. It shall be further provided that vegetation not regularly cultivated which exceeds twelve (12) inches in height shall be presumed to be objectionable, unsanitary and unsightly; and all wood, metal, concrete, asphalt, equipment and appliances shall be presumed to be discarded and abandoned after remaining as such for ten (10) days after first notice of non- compliance within the provisions of this Ordinance. SECTION 2. That it shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the City to keep the area adjacent to his property line, including the front or side parkway between the property line or sidewalk and the curb and the rear or side parkway between the property line and the alley pavement or traveled way, or if there is no curb then within ten (10) feet outside such property line, free and clear of the matter referred to in Section 1. It is further provided that where the alleyway is not open to traffic that the parkway in such cases shall be deemed to be between the property line and the center line of the alleyway. SECTION 3. It shall be further provided that the agricultural use of real property for the purpose of growing and harvesting vegetation for the purpose of animal feed (hay) shall be exempt from the height restriction of Section 1 of this Ordinance, providing (1) such property is 100' from any building or dwelling; (2) the height of such vegetation does not interfere with visibility at any intersection of public thoroughfares; (3) the property is mowed and baled a minimum of once each forty-five (45) days; and, (4) a permit is obtained from the Fire Marshal's Office prior to growth in excess of the normal twelve inch (1211) limit. SECTION 4. That in the event any person, firm or corporation owning, claiming, occupying or having supervision or control of any real property fails to comply with the provisions of this Ordinance, the Fire Marshal or his representative is authorized and directed to issue a notice to such person, firm or corporation describing the location and type of violation and directing the abatement of violations of this Ordinance No. 438-5-83 - Page 2 Ordinance within a ten (10) day period. Following the expiration of such notice, the Fire Marshal or his representative shall reinspect such property and may issue a summons for remaining violations of this Ordinance. SECTION 5. That in the event any person, firm or corporation owning, claiming, occupying or having supervision or control of any real property fails to comply with the provisions of this Ordinance, and in the event such person, firm or corporation has been previously issued the ten (10) day notice described herein within the calendar year, then the Fire Marshal or his representative may issue a summons without additional notice. SECTION 6. That in the event any person, firm or corporation owning, claiming, occupying or having supervision or control of any real property fails to comply with the provisions of this Ordinance following proper notice and the issuance of summons, or in the event the owner's address is unknown and personal service may not be had as aforesaid, the Fire Marshal or his representative shall serve notice by publication two (2) times within ten (10) days in the official newspaper of the City of the violation and the City's intent to abate same. Following the expiration of the ten (10) day notice, the City is authorized to abate all violations of this Ordinance and shall charge the expenses incurred to the owner of such property. In the event the owner fails or refuses to pay such expenses within thirty (30) days after the first day of the month following the month in which the work was done, there shall be filed with the County Clerk a statement of the expenses incurred in correcting the condition of the property. When such statement is filed, the City shall have a prior lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the expenses so incurred. Such amount shall bear interest at the rate of twelve percent (12%) per annum from the date the City incurs the expense. For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the City. The statement of expense filed with the County Clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work as improvement or correction of the property, all as more particularly specified in Article 4436, Vernon's Annotated Texas Civil Statutes. SECTION 7. That City of Allen Ordinance No. 38 is hereby repealed in its entirety. Ordinance No. 438-5-83 - Page 3 SECTION 8. That any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdeameanor, and upon conviction thereof shall be fined in the sum of not more than Two Hundred Dollars ($200.00). Each day such violation continues shall constitute a separate offense. SECTION 9. 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 or section of this Ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 10. That this Ordinance shall become effective from and after the date of its passage and the publication of the caption as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19th DAY OF MAY , 1983. APPROVED: zv�'9L�� Pierson, Mayor ATTEST: fy� ak� ';� Marty Hendrix, City ecretary Ordinance No. 438-5-83 - Page 4 / AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre. quently than once a week, having a general circulation in said county, and having been published regularly and con. tinuously for more than twelve months prior to publishing QeD; Nancy Na , Ds -5-93 t ©rd', vaniee No 4—of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on L?2 by of Collin County, Texas. A printed copy of said publication is attachedinto. a AZZ SUBSCRIBED AND SWORN to before me this `A Publisher's Fee $ 5 -;?3-�3 PUBLIC'NOTICE The folidwing ,or- dinances were adopted by the Allen City CoUncil in a regular session held on May 19,1983 (Titles and Penalty Clauses on- .ly.) OrdinanceNo. 438.583: An Ordinance of the City of Allen, Col- lin County, Texas, to Pro- tect the Public Health, Safety, and Welfare of the Citizens of Allen by Repedling' City Or- dinance No. 38; By Declaring It Unlawful to Allow Weed§ and Grass to Grow to a Height in Excess of 12" Within the (City; By Declaring, It Unlawful to Permit the Accumulation of 041ec- tionable, Unsanitary' or Unsightly Material on any Real Property; Oro- viding • for--:Ce*ttain. Agricultural-6e-Aptions 'from Heigh tj, Sestijc-( tions; Providing for 'the Abatement of Violations of this Ordinance; Pro viding for an Effectiv Date; and Providing;fo Publication of -the Cap tion Hereof. . That any person, firrr or corporation violatin any of the provisions o this Ordinance` sliall 4 deemed guilty of misdeameanor, and upon' conviction thereof shall be fined i6,the sum of/ not more than Two Hundred Dollars ($200.00). Each day such violation continues shall constitute a separate of- fense. "_' Ordinancel� No. 439.4.83: An, Ordinance of the City of Allen, Col-' lin County, Texas, Amen-� ding, Section 5, Paragraph A (1), of Or- dinance No. 306 of the City -of Allen, Texas; and Providing for an`Effec- -tive Date. . j ,, Copies 'of these or- dinances may be read or purchased in the office of the City Secretary, Allen Municipal Annex, 1 Butler Circle,', Allen, Texas. Marty Hendrix, City Secretary (Published in The Allen American .on Monday, IMay 23; 1983 and Thurs- X% aa8 in and for Collin County, 5-a6-93 CITY OF ALLEN PUBLIC NOTICE - I The following or- dinances were adopfed by the Allen City Council_ in a regular session held on May 19, 1983 (Titles and Penalty Clauses on- ly.) Ordinance' No. 438.5.83: An Ordinance of the City of Allen, Col- lin County, Texas, to Pro- tect the Public Health, Safety, and Welfare of the Citizens of Allen by Repealing City Or- dinance No. 38; By Declaring It Unlawful'to Allow Weeds and Grass to Grow to a Height in Excess of 12" With; `the City; By Declar;n ' It Unlawful to Permit43he Accumulation of Objec- tionable, Unsanitary, or Unsightly Material, on any Real Property; Pro- viding for .Certain Agricultural Exemptions from,,Height kestric- tions; Providing for the Abatement of Violations of this' Ordinance; Pro- viding for an Effective Date; and Providing for Publication of the Cap- tion Hereof. That .any person, firm or corporation violating, any of,the provisions of this Ordinance shall be deemed' guilty of a misdeameanor, and upon conviction thereof shall be fined in the sum of not more than Two Hundred Dollars ($200.60). Each day such violation continues shall constitute a separate of- fense. Ordinance No. 439.4.83: An Ordinance of the City of Allen, Col. lin County, Texas, Amen- ding Section 5, Paragraph A (1), of Or. dinance No. 306 of the City of Allen, Texas; and° Providing for an Effec- ive Date. Copies of these or- dinances -may be read or purchased in the office of the City !Secretary, Allen Municipal Annex, 1 Butler Circle, Allen, Texas. Marty Hendrix, City Secretary - (Ptiblished in The Allen American on Monday, May 23, 1983 and Thurs.