O-1182-6-93ORDINANCE NO. 118 2 - 6 - 9 3
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 438-5-83 AND ARTICLE II, CHAPTER 6, OF THE
ALLEN CODE OF ORDINANCES; DECLARING IT UNLAWFUL TO ALLOW
WEEDS AND GRASS TO GROW TO AN AVERAGE HEIGHT IN EXCESS OF 12"
WITHIN THE CITY, DECLARING IT UNLAWFUL TO PERMIT THE
ACCUMULATION OF OBJECTIONABLE, UNSANITARY OR UNSIGHTLY
MATERIAL ON ANY REAL PROPERTY; PROVIDING FOR CERTAIN
AGRICULTURALEXEMPTTONS FROM HEIGHT RESTRICTIONS; PROVIDING
FOR ABATEMENT OF VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR
SPECIAL EXPENSE FEES TO DEFER ALL COSTS OF CORRECTING THE
CONDITION OF PROPERTIES IN VIOLATION OF THIS ORDINANCE;
PROVIDING FOR A PENALTY CLAUSE; AUTHORIZING SUITS FOR
INJUNCTIVEFR_ .TIFF; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
VIEWI EAS, it is in the best 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
unsightly matter and other debris; and,
WHEREAS, the City of Allen, as an exercise of its police power, is authorized by Section 342.004 of
the Texas Health and Safety Code 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, THAT.
SECTION 1: Repeal of previous ordinance.
From and after the effective date of this ordinance, Ordinance No. 438-5-83 and Article II, "Property
Maintenance," Chapter 6, "Health and Environment," of the Allen Code of Ordinances are hereby
repealed.
SECTION 2: Growth to certain height prohibited; offenses.
A person commits an offense if he is an owner, occupant, or person who claims, supervises or controls
occupied or unoccupied real property within the city and permits weeds, grass, brush or any unsightly
vegetation to grow to an average height greater than twelve inches (12") upon "any such real property
or permits the accumulation of any other objectionable, unsanitary or unsightly matter, including, but
not limited to, dead grass, tree limbs, 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 inches (12") 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 abandoned after remaining as such for ten (10) days after first notice
of non-compliance within the provisions of this ordinance. Allegations and evidence of a culpable
mental state is not required for the proof of an offense defined by this section.
SECTION 3: Duty of owner, occupant or person in control of real property.
It shall be the duty of any person owning, occupying, claiming or having supervision or control of any
occupied or unoccupied real property 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 feet (10') outside such property line, free and clear of the matter referred to in Section
2. Where the alleyway is not open to traffic, the parkway in such cases shall be deemed to be between
the property line and the center line of the alleyway.
SECTION 4: Height exemption for agricultural uses; defenses to prosecution.
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 2 of this ordinance,
providing such property is 100 feet from any building or dwelling, the height of such vegetation does not
interfere with visibility at any intersection of public thoroughfares, the property is mowed and baled a
minimum of once each forty-five (45) days, and a permit is obtained from the City prior to growth in
excess of the normal twelve -inch (12") limit. It shall be a defense to prosecution under Section 2 of this
ordinance if the real property is being agriculturally used for the purpose of growing and harvesting
vegetation for the purpose of animal feedhay). It shall be a further defense to prosecution under
Section 2 of this ordinance if the weeds ans grass on the real property are maintained at or below a
height of twelve inches (12") at all points within one hundred feet (100') of it's perimeters provided that
the remaining portions of the property do not present a fire hazard.
SECTION 5: Enforcement.
For purposes of this ordinance, enforcement officer means the director of the department designated by
the City Manager to enforce and administer this ordinance or the director's duly authorized
representative. The enforcement officer shall enforce the provisions of this ordinance.
SECTION 6: Notice to Remove.
In the event any person owning, occupying, claiming or having supervision or control of any occupied
or unoccupied real property fails to comply with the provisions of this ordinance, it shall be the duty of
the enforcement officer 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 within a ten (10) day period.
This notice shall be in writing and may be served on the owner, and may be served on the occupant or
agent, by: handing it to him in person; or, by regular mail addressed to such owner, occupant or agent
at his post office address as shown on the tax roll or other official record of the city or county; or, if
personal service cannot be obtained or the post office address is unknown, by publication two (2) times
within ten (10) days in the official newspaper of the City of Allen, or by posting the notice on or near
the front door of each building on the property to which the violation relates, or by posting the notice
on a placard attached to a stake driven into the ground on the property to which the violation relates
if the property contains no buildings. In the event any person owning, occupying, claiming or having
supervision or control of any occupied or unoccupied real property fails to comply with the provisions
of this ordinance, and in the event such person has been previously issued the ten (10) day notice
described herein within the calendar year, then the enforcement officer may issue a citation without
additional notice.
SECTION 7: Right of City to cure violation; assessment of costs; special expense fees.
In the event any person owning, occupying, claiming or having supervision or control of any occupied
or unoccupied real property fails to comply with the provisions of this ordinance within ten (10) days
after proper notice or issuance of citation, as provided in Section 6, the City, or its duly authorized
representative, may do the work or make the improvements required and pay for the work done or
improvements made and charge the expenses to the owner of the property pursuant to Section 342.006
of the Texas Health and Safety Code. The expenses assessed to the owner shall be actual removal
Ordinance No. 1182-6-93 page 2
expenses of not less than twenty-five dollars ($25.00), plus a special expense fee of fifty dollars ($50.00)
to cover administrative costs. A statement of expenses which includes administrative fees shall be mailed
to the property owner shown on the tax roll at the time of service. This statement of expenses shall, in
addition to giving the amount of such expense, provide the date upon which work was done and a
description of the lot or premises upon which such work was done. Payment is due and is considered
delinquent if not received by the City within thirty (30) days. In the event the owner fails or refuses to
pay such expenses within thirty (30) days, the City is authorized to add a lien assessment fee of fifty
dollars ($50.00) to the statement of expenses and to file said expenses with the Collin County Clerk's
office as a lien against the real property in violation of this ordinance. The City shall have a privileged
lien against such lot or real estate upon which such work was done or improvements made to secure the
expenditures so made, pursuant to Section 342.007 of the Texas Health and Safety Code, and such lien
shall be inferior only to tax liens and liens for street improvements. The lien shall bear interest at the
rate of ten percent (10%) per annum from the date the City incurs the expense. The City may bring
a suit for foreclosure to recover the expenditures and interest due, and the statement of expenses or a
certified copy of the statement is prima facie proof of the expenses incurred by the City in doing the
work or making the improvements.
SECTION 8: Authorizing suits for injunctive relief.
Notwithstanding any penal provision of this ordinance, the City Attorney is authorized to file suit on
behalf of the City of Allen, the enforcement officer or both for injunctive relief as may be necessary to
enforce the provisions of this ordinance.
SECTION 9: Code of ordinances.
It is intended and hereby ordained that the provisions of this ordinance shall become as part of Chapter
6 of the Allen Code of Ordinances; and to that end, Chapter 6 of the Allen Code of Ordinances and
portions hereof may be renumbered and titles added at the discretion of the codifiers.
SECTION 10: Severance clause.
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 11: Penalty clause.
Any person, firm, partnership, corporation or association violating any of the provisions of this ordinance
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more
than two thousand dollars ($2,000.00) for each offense; and each day such violation continues shall
constitute a separate and distinct offense. Upon a first conviction, the fine shall not be less than fifty
dollars ($50.00). The minimum fine established in this section shall be doubled for the second
conviction of the same offense within any twenty-four (24) month period and trebled for the third and
subsequent convictions of the same offense within any twenty-four (24) month period. At no time shall
the minimum fine exceed the maximum fine established in this section.
SECTION 12: Publication and effective date.
The present grass and weeds ordinance of the City of Allen is in immediate need of change and, in order
to protect the public health, safety and welfare of the City of Allen, creates an urgency and an
emergency for the preservation of the public health, safety and welfare, and requires that this ordinance
shall take effect immediately from and after its passage and publication of the caption of said ordinance
as the law in such cases provides.
Ordinance No. 1182-6-93 Page 3
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 17 tYDAY OF JUNE , 1993.
APPROVED:
F
e Farmer, MAYOR
ATTEST:
Ordinance No. 118 2-6-9 3 Page 4
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published it-
-.--COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation! CITY OF ALLEN
1 PUBLIC NOTICE
said county, and having been published regularly and continously for more than twelve (12) Notice is -hereby -given that the Allen City
months prior to publishing Council adopted the following ordinance at
their r "' I
Ordinance #1182-6-9
egu ar meeting held on Thursday,
June 17, 1993 (Title and Penalty Clause
only):
Ordmarice No. 1182-6-93. An Ordinance
of'the City of Allen, Collin County, Texas,
Repealing Ordinance No. 438-5-83 and
Article,ll, Chapter 6, of the AI!en Code of
Ordinances; Declaring it Unlawful to Allow
of which the attached is a true and written copy, and which was published in THE ALLEN Weeds and Grass to Grow to an Average
AMERICAN on Height in Excess of 12" Within the City;
Declaring it Unlawful to Permit the Accu-
mulation of Objectionable, Unsanitary or
Wednesday, June 23, 1993 & Sunday June 27, 1993 3 Unsightly Material on any Real Property;
r Providing for Certain Agricultural Exemp-
( ttons from Height Restrictions; Providing
far -Abatement of Violations of this Ordi-
and which was issued on June 23, 19 9 3 , r)Ance; Providing for Special Expense
I Fees to Defer all Costs of Correcting the
by City of Allen of COLLIN COUNTY, TEXAS.Gbndition of Properties in Violation of this
I Ordinance; Providing for a Penalty Clause;
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 13 day o ,A.D. 19 %•3
V. A. TODD
W COMMISSION EXPIRES
December 5. 19M
Publisher's fee $ 56.26
a.
in and for COLLIN COUNTY, TEXAS
Authorizing Suits for Injunctive Relief; Pro-,
vidirig a'Severability Clause; and Providing
for an Effective Date r
That any person, firm, partnership, corpo-
rWion or association violating any of the
—� pYovisions of this ordinance shall be
'$&erned guilty of a misdemeanor and ,
upon conviction thereof, shall be fined in
the sum of not more than Two Thousand
Dollars ($2,000) for each offense; and
w,,e,qch day such violation continues shall
oenstitute a separate and distinct offense.
t 'U•pon a first conviction, the fine shall not be
lass than fifty dollars ($50 00)� J_ he mini-
..t, mum fine established in this section shall
f- be doubled for the second conviction of the
same offense within any twenty-four (24)
it month period and tripled for the third and
I' subsequent convictions of the same of-
fense Within any twenty-four (24) month
period At no time shall the minimum fine i
exceed the maximum fine establish&d in
this section.
A copy of this ordinance may be read or
purchased m.the.office of the.C)ty.Secret--
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
's/ Judy Morrison
� Crty.Secretary �__ __ _
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