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.