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,
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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.
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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.
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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.
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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.
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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.
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(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
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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:
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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);
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(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
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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.
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~
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
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-,
APPROVED AS TO FORM:
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