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1488 ORD PROTECT PUBLIC HEALTH AND PROMOTE PUBLIC WELFARE OF COPORDINANCE NO, 1488 . AN ORI3INANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF PARIS, TEXAS, BY PRO- VIDING FOR THE FILLING UP AND DR.AINAGE OF LO TS THA T SHALL HAVE UNWHOLESOME PLACE OR PLACE5 WHERE STAGNANT WATER MAY ACCUMULATE THEREON; THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLE.. SOME MATTER; REQUIRING OWNERS OR OCCUPANTS OF LOTS IN THE CITY OF PARIS, TEXAS TO KEEP SAID LOTS FREE FROM WEEI?S, RUBBI5H, BRUSH AND OTHER UNSIGHTLY OR INSANITARY MATTER; PROVII?ING FOR NOTIGE TO BE GIVEN TO OWNERS OF PREMISES IN GASE OF FAILURE OF OWNER TO MAKE LOTS AND/OR PREMISES SANITARY ANI? SIGHTLY THAT THE SAME MAY BE DONE AT THE EX- PENSE OF THE CITY OF PARIS, TEXAS; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT; AND DECLARING AN EMERGENCY, WHEREAS, it is deemed by the Gity Gouncil of the City of Paris, Texas, that it is dangerous to the public health for lots in the City of Paris, Texas to have places thereon where sta.gnant water may accumulate and for filth, carrion or other im- pure and unwholesome matter to accumulate on lots in said city and that it is dan- gerous to public health and constitutes a fire hazard to have weeds, brush, rubbish, and other unsightly and insanitary ma.tter on lots in the City of Paris, Texas; and WHEREAS, it is expressly provided by the provisions of Article 4436, Revised Civil Statutes of Texas, as ammended, that cities of a population of more than 5, 000 people shall have the power to correct the evils hereinbefore recited and the City of Paris, Texas is a city of more than 5, 000 population: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS SECTION 1. That it shall be unlawful for any person, firm or corporation who shall own or occupy ar_y lot or lots in the City of Paris, Texa,s, to permit or allow holes or places on said lots where water may accumulate and become stagnant, or to permit same to remain. SECTION 2. It sha.ll be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Paris, Texa.s, to permit or allow the accumu- lation of stagnant water thereon, or to permit same to rema.in. SECTION 3. It shall be unlawful for any person, firm or corporation who shall own or occupy any house, buildings, establishment, lot or yard in the City of Paris Texas to permit or allow any carrion, filth or other impure or unwholesome ma.tter to accumulate or remain thereon. SECTION 4. It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Paris, Texas, to allow weeds, rubbish, brush or any other unsightly, objectiona.ble or insanitary matter to accumulate or grow on said lot or lots. SECTION 5. Should any owner of such lot or lots ttat have places thereon where stagnant water ma.y accumulate and/or which are not properly drained, or the owner or any premises or building upon which carrion, filth or other impure or unwholesome ma.tter ma.y be fail and/or refuse to drain and/or fill the said lot or lots, or remove such filth, carrion or other impure or unwholesome ma.tter as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his postoffice address or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Paris, Texas, if personal service may not be had as aforesaid, or if the owner's address be not known; then in that event, the City of Paris, Texas, may do such filling or draining or removal of filth, carrion, etc. , or any other unsightly, objectionable or insanita.ry ma.tter, or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate, and if such work is done or im- provements made at the expense of the City of Paris, Texas, then such expense or expenses shall be assessed on the real esta.te, or lots upon which such expense was incurred. SECTION 6. Should any owner of any lot or lots within the Gity of Faris, Texas, who shall allow weeds, rubbish, brush or any other unsightly, objectionable or insanita.ry matter to grow or accumulate thereon, fa.il and/or refuse to cut down and/or remove such weeds, rubbish, brush or other unsightly, objectionable or insanitary matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his post office address, or within ten days after notice by publication as many as two times within ten con- secutive days in any newspaper in Paris, Texas,-'"rii y`do>such cutting down and/or removing such weeds, rubbish, brush or any other unsightly, objectionable or in- sanitary ma.tter, or cause the same to be done and may pay therefor, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real esta.te; and, if such work is done or improvements made at the expense of the City of Paris, Texas, then such expense or expenses shall be assessed on the real esta.te, or lot or lots upon which such expense was incurred. 5ECTION 7. The Mayor or City Health Officer of the City of Paris, Texas shall file a statement of such expenses incurred under Section 5 or under Section 6 of this ordinance, as the case may be, giving the amount of such expenses, the date on which said work was done or improvements made, with the County Clerk of Lamar County, Texas; and the City of Paris, Texas, shall have a privileged lien on such lot or lots or real esta.te upon which said work was done or improvements made to secure the expenditures so ma.de, in accordance with the provisions of said Article 4436, Revised Civil Statutes of Texas, as ammended, which said lien shall be second only to tax liens and liens for street improvement s; and said amount shall bear ten per cent interest from the date said sta.tement was filed. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the narrae of the City of Paris, Texas; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. SECTION 8. Any person, firm or individual who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two Hundred I?ollars ($200), and each and every day's viola.tion shall constitute a separate and distinct offense, in case the owner or occupant of any lot, lots or premises under the provisions of this ordinance shall be a corporation, and shall violate any provision of this ordinance, the presi- dent, vice-president, secreta.ry, treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided. SECTION 9. That if any part of this ordinance is, or should be held invalid for any reason, then that fact shall not invalidate the entire ordinance, but the bala.nce thereof shall remain in full force and effecto SECTION 10. All other ordinances or parts of ordinances in conflict with this a ordinance are hereby repealed. SECTION 11. This Ordinance shall become effective September 26, 1959. Passed and adopted this 14th day of September, A. Do, 1959, yor A TTE$T: ~ City Clerk A PPRO VED AS TO k'ORM: - , - .~r, • • i i , i ■ ~ ~ - , City Attorney.