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Ordinance No. 27ORDINANCE No. 27 ® AN ORDINANCE TO PROTECT THE PUBLIC HEALTH ADM TO PROMOTE THE PUBLIC jELFAHE BY PROVIDING FOR THE FILLING UP AND DRAINAGE OF LOTS THAT SHALL HAVE UNVMOLESOAE PLACE OR PLACES WHERE STAGNANT WATER h%Y ACCUMLJIATE THEREON; THE CLEANING OF ANY BUILDING OR PREMISES OF FIIaH, CARRION, _CR OTHER IMMM AND UNWHOLE.SO' E MATTER; RE UIRIN ON&I OCCUPANT OF IATS IN THE CITY OF_BAYTOINN T KEEP SAID FREE FROM S. _.RUBBISH, BRUSH N)- 9ThLR. UNSIGHTLY OR INSANITARY MATTER;,: PROVIDING FOR NOTICE TO BE GIVEN TO OWNMt�OF PREMISES IN CASE OF FAILURE TO KEEP THE SAID PREMISES SANITARY AND SIGHTLY; PROVIDING THAT IN CASE OF FAILURE OF O'iVNER TO I AKE LOTS AND OR PREMISES SAN-; • . ITARY AND SIGHTLY THAT THE SAIM MAY BE DONE AT THE EXPENSE OF � THE CITY OF BAYTOWN; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS AI4D SUCH ICtPORVEMENTS; PROVIDING A PENALTY; SEVERABILITY CLAUSE; REPEALING ORDINANCE IN CONFLICT; AND PROVIDING FOR Tf E EFFECTIVE DATE HEREOF. WHEREAS, it is deemed by the City Council of the City of Baytown, Texas, th4t is 16 dangerous to the public health for lots in the City of Baytown to have premises thereon where stagnant water may accumulate and for filth, carrion or other impure and unwholesome matter to accumulate on lots in said city and it is dangerous to public health and constitutes a fire hazard to have weeds, rubbish and other unsightly and insanitary matter.on lots in the City of Baytovm; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOIW: Section 1. DEFINITIONSt (a) Weeds. The word "weeds" as herein used shall include all rank and uncultivatec vegetable growth or matter that has grown not more than nine inches in height, or which, regardless of height, is liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or vermin. (b) Brush. The word «brush" as herein used shall include all trees, or shrubbery under four feet in height which are not cultivated or cared for by persons owning or con- 0 trolling the premises. (c) Rubbish. The word "rubbish" shall include all refuse, rejected tin cans, old vessels of all sorts, useless articles, abandoned pipe, disgsrded clothing and textiles of all sorts and in general all litter and all other things usually included within the meaning of said terms. The words "any and all other objectionable, unsightly or insanitary matters not included vrithin the meaning of the other terms as herein used, which are liable to produce or tem to produce an unhealthy, unwholesome or insanitary condition to the premises within the general locality where the same are situated, and shall also include any species of ragweed or other vegetable growth which might or may tend to be unhealthy to individuals residing within the general locality of where the same are situated. Section 2. Dots to be kept clean of weed, rubbish, stagnant water, etc. Whenever weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of what- ever nature shall exist, covering or partly covering the surface of any lots or parcels of real estate situated within the city, or when any of said lots or parcels of lots of real -1- • . id shal0nave the surface thereof filled partly filled with holes � or estate as aforesaid, be in such condition that the same holds or is liable to hold stagnant water therein, or if from any other cause shall be in such condition as to be liable to cause disease or produce, harbor or spread disease germs of any nature or tend to render the surrounding atomosphere ® unhealthy unwholesome or obnoxious, or to constitute a fire hazard, the same shall consititut@ and is hereby declared to constitute a public nuisance, the prompt abatement of which is hereby declared to be a public necessity. Any such nuisance shall be removed from such pre raises and burned or otherwise disposed of and, if burned, same shall be done under the supervision of and with the permission of the fire chief of the City. Said lots or parcels of real estate, in addition to these grounds within their respective boundaries, shall be held to include all lots or parcels of ground.-lying-4-and being adjacent to and extending beyond the property line of any such lots or parcels of real estate to the curb line of adjacent streets, where a curb line has been established, and fourteen feet beyond the property line where no curb line has been established on adjacent streets, and also to the • center of adjacent alleys. Section 3. Notice to clear lots or abate nuisances thereon. I'Leriever the existence of any such nuisance, as defined in the preceding section, on any lots or parcels of real estate situated within the city shall come to the knowledge of the Health Officer or his assistants, it shall be his or their duty and he or they shall forthwith cause a written notice identifying such property to be issued to the person owning or having possession or control of same. Said notice shall be addressed to such person at his post office address or by publication as many as two times within -ten consecutive days, requiring the abatement of such nuisance by grubbing and removing such weeds, brush, rubbish or other objectiora ble uni ;Lhgtly or insanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating said lots of parcels of real estate so as to pre- vent stagnant water standing therein, with ten days from the service of said notice. Such notice shall further state that in default of the performance of the above condition, the city may, at once, cause the same to be done and pay therefor, and charge the cost and ex- pense incurred in doing or having such work done, or improvements made, to the owner of such property, and fix a lien thereon as provided in Section 4 hereof. Section 4. Power of city to clear lots or abate nuisances thereon and assess costs against the property. The terms and conditions of this ordinance shall be enforced by the City Health Officer or his assistants and in the event of the failure, refusal or neglect of the owner or occupants of any such premises or property to cause such nuisance to be removed or abated in the manner and within the time provided in Section 3, then the City Health • Officer may cause the weeds, brush, rubbish or other insanitary matter constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner, to the expense of the City. The City health Officer shall carefully compile the cost of such work done or -2- such premises. Upon the charging of the owner of any such premises of said cost, said charge shall be certified by the City Health Office to the City Council, and the City Council shall thereupon enter its order fixing a date and place for a hearing thereon, and shall cause written notice to be served upon said owner by notice in writing addressed o said owner at his post office address or by publication in a newspaper of general circulation in the city, as many as two times within ten consecutive days; if personal service may not be had as aforesaid, or the owner's address is not known, notifying the owner of the said premises I to appear before said council at such time and p]a ce fixed by the council, which notice shall be given at least ten days before the date set for such hearing, hand to then and there shout cause why the said charge or cost so certified for such hearing that the said charge so imposed is a reasonable charge and covers merely the actual cost and expense required to abate the said nuisance, then the city council shall thereupon Ivy a special assessment against the said lot, tract or parcel of land owned by the said owner, upon which the said nuisance • existed and was abated, and the same shall constitute a lien against the said premises. Up- on filing with the county clerk, of Harris County, a statement by the City Health Officer of such charges and expenses, the city shall have a privileged lien upon such premises, second only to tax liens and liens for street improvements, to secure the expenditures so made, and six per cent interest on the amount from the date of such payment, after the fixing of any such lien, as aforesaid, and for any such expenditures, and interest, as here - inbefore set out, suit may be instituted and recovery and foreclosure -had in the name of the city in any court of comptent jurisdiction, and in any such suit or action, the statement of charge so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements. In addition to the foregoing remedy and cumulative thereof, if it shall be brought to the attention of the city council, and the council shall determine that any such nuisance, as described in Section 2, is likely to have an immediate adverse effect upon the public health, comfort or safety, then and in that event the city council may, by appropriate resolution or motion, order said nuisance summarily abated by the city in a reasonable, prudent manner. Section 5. Penalty for failure to clear lots or abate nuisances thereon. In addition to the foregoing remedy and cumulative thereof, and to further aid in the enforcement of this ordinance, it is hereby provided that any ovmer, lessee or occupant, whether a natural person or corporation, or agent, servant representative or employee of any such owner, lessee or occupant, including any person having ownership, occupancy of control of any 'lots or parcel of real estate or any part thereof, or interest therein, situated within the city, on which there exists any nuisance as defined in the preceding sections, who shall allow or permit any such nuisance to be created or to remain and continue if created and established, or who shall fail, refuse, or neglect to remove or abate such nuisance b$r grubbing or removing such weeds, brush, rubbish or other objectionable, unsightly -3- C • . . / or insanitary matter of whatever nature as the case may be, or by falling in, draining, leveling or otherwise regulating such lots or parcels of real estate so as to prevent stagnant water standing therein within ten days from the date of service of notice thereof ® as provided in Section 3, shall be deemed guilty of a misdeameanor and upon conviction there- of shall be fined not more than one hundred dollars. Each and every day's violation shall constitute a separate offense. Section 6. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extenet of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7. If any section or provisions, or parts thereof in this ordinance shall be adjudged invalid or unconstitutional, such invalidity or undonstitionality shall not affect the validity of the ordinance as a whole or of any other section or provision or part thereof. Section 8. This ordinance shall take effect from and after ten days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the officiAl newspaper of the City of Baytown at least twice prior to the effective date hereof. INTMOUDUCIM, READ and PASSED by the affirmative vote of a mojority of the City Council of the City of Baytown on this the 2nd. day of November, 1948. ATTEST: Edna Oliver, City Clerk 9 E. D. Cleveland, Mayor