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04-B Weed Ord DRAFT Community DevelopmentJIwrightJOrdinancesIW eed Ordinance Amendment May 12, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTIONS 17-25 AND 17-27(a) OF SAID CODE; PROVIDING THAT THE NOTICE REQUIREMENTS FOR PUBLIC NUISANCES BE AMENDED; PROVIDING THAT THE CITY BE REQUIRED TO PROVIDE ONLY ONE NOTICE PER YEAR TO PROPERTY OWNERS PRIOR TO ABATEMENT OF A NUISANCE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE D ATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of April, 2000, adopt Ordinance No. 2000-020, which adopted 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"; and, WHEREAS, since the adoption of the above-referenced Ordinance No. 2000-020, V.T.C.A., Health and Safety Code, Chapter 342, entitled "Local Regulation of Sanitation," has been amended, and it is deemed appropriate that the City Council amend Sections 17-25 and 17-27(a) of the Code of Ordinances in order to require property owners to abate nuisances both more quickly upon initial notice and continually throughout the year after one notice, which said amendments will help to reduce the cost of enforcement; 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 Section 17-25 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "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-fl61 ~eve~ 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: (1) 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) consccuti ve days once; 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,-ifthe-propert . ( 4) Any notice forwarded to the owner by mail as provided in subsection (2) of this section 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 of notice. The notice shall contain: (1) 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 advising1he owner that if the work is not completed within ten-fl61 seveuß) 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 two thousand dollars ($2,000.00) for each day the violation exists, in addition to or in lieu of any other remedy provided by law. 9 A statement that if the owner commits another violation of the same kind or nature that oses a dan er to the ublic health and safe on or before the first annivers of the date of the notice the Ci without further notice ma correct the violation at the owner's ex ense and assess the ex ense a ainst the ro e (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 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." Section 3. That Section 17-27(a) of the Code of Ordinances of the City of Paris, Paris, (a) City may perform work. If such person fails or refuses to comply with the provisions of this article within ten (10) seveWJ days after the date of notification as provided in section 17-25 of this article or after an informal hearing is held pursuant to subsection 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 1 7-31 of this article. " Section 4. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fmed in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated section shall constitute and be deemed a separate offense. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. This ordinance shall become effective on June 3, 2005. PASSED AND ADOPTED this 23rd day of May, 2005. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney DRAFT F:\Attorney\ORDWORK\CURRENT\Weed Ordinance DO2.wpd May 12, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTIONS 17-25 AND 17-27(a) OF SAID CODE; PROVIDING THAT THE NOTICE REQUIREMENTS FOR PUBLIC NUISANCES BE AMENDED; PROVIDING THAT THE CITY BE REQUIRED TO PROVIDE ONLY ONE NOTICE PER YEAR TO PROPERTY OWNERS PRIOR TO ABATEMENT OF A NUISANCE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of April, 2000, adopt Ordinance No. 2000-020, which adopted anew Article II, Sections 17-21 through 17-31, entitled "Control of Weeds, Junk, and Other Objectionable, Unsightly, or Unsanitary Matter on Private Premises"; and, WHEREAS, since the adoption 0 f the above-referenced Ordinance No.2 000-020, V. T . C .A., Health and Safety Code, Chapter 342, entitled "Local Regulation of Sanitation," has been amended, and it is deemed appropriate that the City Council amend Sections 17-25 and 17-27(a) of the Code of Ordinances in order to require property owners to abate nuisances both more quickly upon initial notice and continually throughout the year after one notice, which said amendments will help to reduce the cost of enforcement; 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 Section 17-25 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "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 seven (7) 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: (1) 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) Ifpersonal service cannot be obtained or the owner's address is unknown: a. By publication at least once; 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. ( 4) Any notice forwarded to the owner by mail as provided in subsection (2) of this section 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. (5) The City, in the notice provided herein, may inform the owner by certified mail, return receipt requested, or regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of such notice, the City, without further notice, may correct the violation at the owner's expense and assess the expense against the property. If the violation, covered by a notice under this subsection, occurs within said one-year period, and the City has not been informed in writing by the owner of an ownership change, then the City, without notice, may take any action permitted by section 17-27(a), and assess its expenses as provided by section 17-27(b). (c) Contents of notice. The notice shall contain: (1) 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 if the work is not completed within seven (7) 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 two thousand dollars ($2,000.00) for each day the violation exists, in addition to or in lieu of any other remedy provided by law. (9) A statement that, if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City, without further notice, may correct the violation at the owner's expense and assess the expense against the property. (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 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." Section 3. That Section 17-27(a) of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "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 seven (7) days after the date of notification as provided in section 1 7-25 of this article or after an informal hearing is held pursuant to subsection 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. " Section 4. 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 section shall constitute and be deemed a separate offense. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. This ordinance shall become effective on June 3, 2005. PASSED AND ADOPTED this 23rd day of May, 2005. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney