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2000-020-ORD AMENDING CHAPTER 17 OF CODE OF ORDINANCES BY REPEALING CURRENT ARTICLE II OF CHAPTER 17 ORDINANCE NO. 2000-020 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY REPEALING THE CURRENT ARTICLE II OF CHAPTER 17, SECTIONS 17-21 THROUGH 17-30, ENTITLED "INSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES"; ADOPTING THERETO A NEW ARTICLE II, SECTIONS 17-21 THROUGH 17-31, ENTITLED "CONTROL OF WEEDS, JUNK, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER ON PRIVATE PREMISES"; PROVIDING METHODS FOR THE CONTROL OF WEEDS, JUNK, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER ON PRIV ATE PREMISES; PROVIDING FOR THE PLACEMENT OF LIENS; PROVIDING FOR NOTICE; PROVIDING FOR ADMINISTRATIVE AND OTHER HEARINGS; PROVIDING FOR A PENAL TYNOT TO EXCEED $2,000.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas. in conjunction with other governmental entities, private groups. and private individuals, has supported and participated in a community-wide beautification program intended to remove junk, litter, and other unsightly materials, generally improve blighted areas ofthe City, protect and preserve the public health. safety, and welfare, and generally improve the overall appearance of the community; and, WHEREAS, in pursuit of such goals, the City Council desires to protect the public health and safety at the same time protecting the rights of individual property owners; and, WHEREAS, Section 54.004 of the Local Government Code authorizes home-rule cities to enforce ordinances necessary to protect health. life, and property and to preserve the good government, order, and security of the City and its inhabitants; and, WHEREAS, Section 54.012 (7) of the Local Government Code authorizes municipalities to bring civil actions for the enforcement of ordinances relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and, WHEREAS, Subchapter C of Chapter 54 of the Local Government Code, at Section 54.032 (4), applies to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and, Page 1 of 13 WHEREAS, Subchapter C of Chapter 54 of the Local Government Code, at Section 54.032 (5), relates to a building code or to the condition, use, or appearance of property in a municipality: and, WHEREAS, as a consequence of the application of said subsections as provided in Section 54.032 of Subchapter C of Chapter 54 of the Local Government Code, Section 54.043 of the Local Government Code allows adoption of a civil adjudication process as an alternative to the enforcement process prescribed in Subchapter C, Chapter 54 of the Local Government Code, and the City Council ofthe City of Paris desires to adopt and implement such civil adjudicative process in the enforcement of this ordinance; and, WHEREAS, Subchapter C of Chapter 2] 7 of the Local Government Code, at Sections 217.041 through 217.042, authorizes a home-rule city to enforce all ordinances necessary to prevent and summarily abate and remove nuisances; and, WHEREAS, Subchapter A of Chapter 342 of the Health and Safety Code of the State of Texas authorizes municipalities to regulate, control, and prevent health and safety conditions caused by stagnant or standing water; filth, carrion, and other unwholesome matter; weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary materials, and provide for the City to perform work or improvements after due notice necessary to remove such health and safety hazards; provides for the City to assess expenses of such work to prevent violations in the form ofliens or other methods; and authorizes additional authority for the City where necessary to abate immediate health and safety hazards as a result of weeds that have grown higher than forty-eight (48) inches and are an immediate danger to the health, life, or safety of any person; and, WHEREAS, the City Council desires to adopt this ordinance as a means of applying and implementing the requirements of Subchapter A of Chapter 342 of the Health and Safety Code of the State of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Article II of Chapter 17, Sections 17-21 through 17-30 of the Code of Ordinances, City of Paris, Paris, Texas, entitled "Insanitary, Unsightly Conditions on Private Premises," be, and the same is hereby, as of the effective date of this ordinance, repealed and declared null and void and of no further force and effect, save and except as otherwise specified herein. Page 2 of 13 Section 3. That there is hereby adopted to the Code of Ordinances of the City of Paris, Paris, Texas, a new Article II to Chapter 17, Sections 17-21 through] 7-31, entitled "Control of Weeds, Junk, and Other Objectionable, Unsightly, or Unsanitary Matter on Private Premises," to read as follows: "ARTICLE II. CONTROL OF WEEDS, JUNK, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER ON PRIVATE PREMISES Sec. 17-21. Definitions. The following words, terms, and phrases, when used in this Article II, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Brush shall mean scrub vegetation or dense undergrowth. Carrion shall mean the dead and putrefying flesh of any animal, fowl, or fish. Cultivated shall mean vegetation that is deliberately grown and currently and continuously maintained by the owner, occupant, or agent of the property. Filth shall mean any matter in a putrescent state. Garbage shall mean all decayable waste. Impure or unwholesome matter shall mean any putrescible or nonputrescible condition, object, or matter which tends, may, or could produce injury, death, or disease to human beings. Junk shall mean all worn out, useless, worthless, discarded, or scrap material, including, but not limited to, odds and ends, old metal, scrap lumber, building debris or old building materials, used tires, vehicle parts, and other items no longer used in the manner in which they were intended, including, but not limited to, furniture, working and non-working appliances, and machinery and parts thereof. Maintained when referring to vegetation shall mean watered, pruned, trimmed, treated, and controlled in such a manner as to enhance the use or enjoyment of one's property, without interfering with the enjoyment or use of neighboring property or public access. Page 3 of 13 Nuisance shall mean anything which is injurious to the health or morals, or indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. Objectionable, unsightly, or unsanitary matter shall mean any matter, condition, or object which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities. Owner shall mean a person having some interest in title to real property. Person shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. R~ruse shall mean a heterogeneous accumulation ofwom out, used, broken, rejected, or worthless materials, and includes garbage, rubbish, paper, or litter, and other decayable or nondecayable waste. Rubbish shall mean both garbage and trash and shall include all animal, vegetable and inorganic matter subject to discard which is generated from within a household, residence, or business, such as, but not limited to, coffee grounds, tin cans, bottles, paper bags, plastic items, boxes, glass, and food articles, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, old iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked, or dismantled machinery, tractors, automobiles, and other similar wastes. Trash shall mean all non-decayable waste. Undeveloped property shall mean tracts of land or lots upon which no structure exists. Vegetation or vegetative shall mean or refer to any grass, weeds, shrubs, trees, brush, bushes, or vines. Weeds shall mean vegetation that because of its height is objectionable, unsightly, or unsanitary, but excluding cultivated crops, shrubs, bushes, trees, flowers, and vines. Page 4 of 13 Sec. 17-22. Overgrown vegetation, rubbish and stagnant water prohibited. It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city, to suffer, permit, or allow: (1) Uncultivated grass, weeds, or brush to grow to a greater height than twelve (12) inches on average on any lot, tract. or parcel of land within the corporate limits of the city, five (5) acres in size or less, including any right-of-way, easement, or drainage ditch; for purposes of this provision, the City may rely upon the acreage of any lot as shown in the official records of the appraisal district for the county where the property is located; (2) On tracts ofland more than five (5) acres (including any right-of- way, easement, or drainage ditch), grass, weeds, or brush in excess of twelve (12) inches on average in height to grow uncultivated within one hundred (100) feet adjacent to or along any dedicated public street within the corporate limits of the city or within one hundred (100) feet on any side of the boundary line of any lot upon which a stmcture that is used for a residence, business, or public or private facility is located; for purposes of this provision, the City may rely upon the acreage of any lot as shown in the official records of the appraisal district for the county where the property is located; (3) Refuse, rubbish,junk, litter, trash, debris (vegetative, building, or other), garbage, discarded items, carrion, filth, animal or human feces, or any other unsightly or unsanitary matter to accumulate or remain on any lot or tract of land within the corporate limits of the city, regardless of the size of said lot or tract of land, whether developed or undeveloped, commercial or residential, occupied or unoccupied; (4) Any holes, places, objects, or matter on any lot, tract, or parcel of land where water accumulates and becomes stagnant, or to permit same to remain; or (5) Any condition to exist that constitutes any threat to the public health or safety, or constitutes a nuisance. Page 5 of 13 Sec. 17-23. Duty to comply with article. It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city to maintain that property in full compliance with this article. Sec. 17-24. Nuisance declared. All grass, weeds, or vegetation or brush not regularly cultivated and which exceed twelve (12) inches on average in height as prohibited herein, and all rubbish, and stagnant water shall be presumed to be objectionable, unsightly, and unsanitary, and are hereby declared a public nuisance. Sec. 17-25. Notice of violation prior to abatement by City. (a) Notice required. Except as provided by Section 17-26 of this article, in the event that any person owning any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city fails or refuses to comply with the provisions of this article, the City shall give ten (10) days' notice of the violation to the owner prior to abating the violation, as provided herein. (b) Manner of notice. The notice shall be given: (I) Personally to the owner in writing; or (2) By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or (3) If personal service cannot be obtained or the owner's address is unknown: a. By publication at least twice within ten (10) consecutive days; or b. By posting notice on or near the front door of each building on the property to which the violation relates; or c. By posting 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. Page 6 of 13 (4) Any notice forwarded to the owner by mail as provided in Subsection (2) above and returned by the United States Postal Service as "refused" or "unclaimed" shall not affect the validity of the notice, and the notice shall be considered as delivered. (c) Contents olnotice. The notice shall contain: (I) The name and address of the record owner; (2) An identification, which is not required to be a legal description, of the property upon which the violation is located; (3) A statement in conformance with Section 54.005 of the Texas Local Government Code affording a former property owner the opportunity, by sworn affidavit, to disavow current ownership and responsibility for the property; (4) A statement describing the violation and the work necessary to correct the violation; (5) A statement advising the owner that ifthe work is not completed within ten (10) days, the City will perform the work and assess the cost of the work to the owner, including as a minimum the City's administrative fee as provided in Section 17 -27(b) of this article; (6) A statement that, if the City performs the work and the owner fails to pay the cost, a priority lien may be placed on the property; (7) A statement that the owner may, within five (5) days of the date of the notice of a violation, submit a written request to the appropriate person named in the notice for an informal hearing before the City Manager or his designee to contest whether the violation exists; and (8) A statement that the City may, at any time, file a criminal misdemeanor complaint in municipal court with a maximum fine of $2,000.00 for each day the violation exists, in addition to or in lieu of any other remedy provided by law. (d) Informal hearing. If a written request is received according to Subsection (c )(7) of this section, an informal hearing shall be held before the City Manager or his designee. Unless the owner requests and is granted an immediate hearing and waives the right to notice, notice of the time and place of the hearing shall be sent to the owner by certified mail. At the hearing, the City Manager or his Page 7 of 13 designee may consider all facts relating to the existence of a violation. After the hearing, the City Manager or his designee may determine that a violation requiring abatement does or does not exist. Sec. 17-26. Additional authority to abate dangerous weeds witbout prior notice. (a) Authority to abate dangerous weed~. The City may abate, without prior notice, weeds that (1) have grown higher than forty-eight (48) inches and (2) are an immediate danger to the health, life, or safety of any person. (b) Notice of abatement. Not later than the tenth day after the date the City abates weeds under this section, the City shall give notice to the property owner in the manner required by Section 17-25(b) of this article. The notice shall contain the items specified in Section 17-28(a) of this article. (c) Hearing. The City shall conduct an administrative hearing under this section if, not later than the 30th day after the date of the abatement of the weeds the property owner files with the City a written request for a hearing. If a hearing is requested, it shall be conducted according to Section 17-28(c) ofthis article, except that the hearing shall be conducted by the Municipal Court Judge not later than the 20th day after the date a request for hearing is filed. Sec. 17-27. Performance of work by City. (a) City may perform work. If such person fails or refuses to comply with the provisions of this article within ten (10) days after the date of notification as provided in Section 17-25 ofthis article or after an informal hearing is held pursuant to Section 17-25(d) of this article, whichever is later, or if the weeds are dangerous according to Section 17-26 of this article, the City may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this article, and may charge the expenses incurred in having same done to the owner of such property as provided hereafter. The remedy provided in this Subsection (a) is in addition to the remedy provided for in Section 17-31 of this article. (b) Assessment of costs. If the City performs the work to obtain compliance with this article, there shall be assessed an administrative fee of$220.00 in addition to any cost incurred in doing the work or causing it to be done. The administrative fee shall be subject to an annual adjustment after the first calendar year proportionate to any increases in the "CPI" (as defined below), with the adjusted fee to be obtained by multiplying the nbase fee" (as defined below) by a number equal to one plus the quotient of the following formula: Page 8 of 13 CPII2 - CPI/I CPIII [n applying the above formula for the administrative fee adjustment, the following definitions shall be used. Basefee shall mean the administrative fee assessed during the calendar year immediately preceding the calendar year for which adjustment is being computed. CN shall mean the monthly indexes of the Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics or any successor agency of the United States that shall issue such indexes or data. CPI/I shall mean the average of the monthly CPI for the twelve (12) consecutive calendar months ending sixty (60) days before the commencement of the calendar year immediately preceding the calendar year for which the adjustment of charges is being computed. CPI/2 shall mean the average of the monthly CPl for the twelve (12) consecutive calendar months ending sixty (60) days before the commencement of the calendar year for which the adjustment of charges is being computed. Sec. 17-28. Notice of costs assessed for work performed by City; right of owner to hearing. (a) Notice. After the City abates a violation of this article, the City shall give notice to the property owner in the manner required by Section 17 -25(b) ofthis article. The notice shall contain: (I) The name and address of the owner: (2) An identification, which is not required to be a legal description, of the property; (3) A statement in conformance with Section 54.005 of the Texas Local Government Code affording a former property owner the opportunity, by sworn affidavit, to disavow current ownership and responsibility for the property; (4) A description of the violations that occurred on the property; (5) A statement that the City abated the violation(s); Page 9 of 13 (6) The amount of expenses (including the administrative fee) incurred by the City and owed by the property owner; (7) A statement that if the owner fails to pay the expenses within thirty (30) days of receipt of the notice or fails to timely request a hearing as authorized herein, a priority lien may be placed on the property to secure payment; and (8) An explanation of the property owner's right to request in writing an administrative hearing about the City's abatement ofthe violation and the time period in which a written request must be submitted to the City. (b) Administrative hearing. The City shall conduct an administrative hearing on the abatement of a nuisance under this article if, not later than the tenth day after the date of notice, the property owner files with the City a written request for a hearing. (c) hearing: Conduct o(hearing. The following shall apply to the conduct of the (1) An administrative hearing shall be conducted by the Municipal Court Judge not later than the 45th day after the date a request for hearing is filed. (2) The owner and the City may testify or present witnesses or written information related to the City's abatement of the nuisance. (3) The City has the burden to show, based on a preponderance of the evidence, that a violation of this article existed, notice was given in substantial compliance with this article, and costs incurred to abate the violation (other than the administrative fee) were reasonable. The administrative fee established by this article shall be presumed reasonable. (3) At the close of the hearing, the municipal court judge shall approve the assessment, deny the assessment, or adjust the amount of the assessment and approve it as adjusted. Sec. 17-29. Lien authorized. The charges provided for in this article shall be levied, assessed, and collected by the City. In the event the owner of said premises upon which the work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the written notification to pay, there shall be assessed the Page 10 of 13 charges and expenses incurred against the real estate on which the work was done. After such time, or after an administrative hearing if one is requested by the owner, whichever is later, the Mayor; the City Manager, City Attorney, City Clerk, Code Enforcement Officer, as the Mayor's designee; municipal health authority; or other municipal official designated by the Mayor, shall file a statement with the County Clerk of the expenses incurred in the abatement of the above-described condition, in- cluding administrative fees as described herein, and the City shall have a privileged lien on any lot or lots upon which such expenses were incurred, second only to tax liens and liens for street improvements. The lien statement shall state the name of the owner, if known, and the legal description of the property. A copy of the lien statement filed with the county clerk shall be mailed to the owner, if the owner is known. Said privileged lien shall bear interest at the rate often percent (10%) per annum from the date the work was performed (if the work was performed by the City) or from the date payment therefore was made by the City (if the work was performed by a contractor retained by the City). For any such expenditures and inter- est as aforesaid, suit may be instituted and foreclosure had in the name of the City and the statement so made as aforesaid or a certified copy thereof, shall be prima facie proof of the amounts expended for any such work or improvement. Sec. ]7-30. Release of Lien. Upon the payment of the charges described in Section 17-27 and the interest accrued thereon, or such lesser amount as the City Manager shall deem appropriate and in the best interest of the City, the City Manager is authorized to execute on behalf of the City a release of lien in the form approved by the City Attorney. Sec. ] 7-31. Penalties. Each individual violation of this article is hereby declared a misdemeanor and upon adjudication of guilt thereof, any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be assessed a fine not to exceed $2,000.00 for each offense in accordance with the provisions of Section 1-6 ofthe Code of Ordinances of the City of Paris, Paris, Texas. Each day that a violation is permitted to exist shall be deemed a separate offense for which a separate fine may be assessed." Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Page II of 13 ~ Section 5. That it is hereby declared to be the intention ofthe City Council of the City of Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, and such remaining provisions shall remain in full force and effect. Section 6. That Section 2 of this ordinance notwithstanding, the repeal of prior Article II of Chapter 17, Sections 17-21 through 17-30 of the Code of Ordinances of the City of Paris, Paris, Texas, shall not affect any pending or subsequent prosecution or other litigation for violations of the provisions of Chapter 17 repealed herein, when such violations occurred prior to the effective date of this ordinance, it being the intention of the City Council that the aforesaid repealed provisions be continued in full force and effect to the extent necessary and as required by law, to effectuate the prosecution of all such outstanding violations, or to effectuate the continuation of other litigation related thereto, and for such purposes only. Section 7. That Section 2 of this ordinance notwithstanding, the repeal of prior Article II of Chapter 17, Sections 17-21 through 17-30 of the Code of Ordinances of the City of Paris, Paris, Texas, shall not affect the validity of any liens previously filed by the City of Paris for collection of costs incurred pursuant to such repealed provisions, nor shall such repeal affect the ability of the City to file liens for costs incurred prior to the effective date of this ordinance as authorized under the aforesaid repealed provisions, it being the intention of the City Council to preserve all such prior or subsequent liens and the right of the City to pursue collection thereon in accordance with the law. Section 8. That all other ordinances or parts of ordinances in conflict herewith and not expressly addressed herein are hereby repealed to the extent of such conflict only. Section 9. That this ordinance shall become effective on May 1,2000. PASSED AND ADOPTED this 10th day of April, 2000. ~e~ ATTEST: , Mattie Cunningham, City Clerk Page 12 of 13 -, APPROVED AS TO FORM: Page 13 of 13