Ordinance No. 775ORDINANCE NO.775
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND TO PROMOTE THE
PUBLIC WELFARE BY PROVIDING FOR THE LEVELING, FILLING UP AND
DRAINAGE OF LOTS AND PARCELS OF LAND THAT SHALL HAVE W'kiOLE-
SOME PLACE OR PLACES 14iERE STAGNANT WATER, VERMIN, INSECTS AND
OTHER HEALTH HAZARDS MAY ACCUMULATE; THE CLEANING OF ANY BUILD-
ING OR PREMISES OF FILTH, CARRION OR DIRT, OR OTHER IMPURE AND
UNINOLESOML MATTER; REQUIRING OVINERS OF LOTS IN THE CITY OF BAY -
TOWN TO KEEP SAID LOTS FREE FROM NEEDS, RUBBISH, BRUSH AND OTHER
UNSIGHTLY OR UNSANITARY MATTER; PROVIDING FOR NOTICE TO BE GIVEN
TO OWNERS OF PREMISES IN CASE OF FAILURE TO KEEP THE SAID PRE -
1,411S£S SANITARY AND SIGHTLY; PROVIDING THAT IN CASE. OF FAILURE OF
OWNERS TO MAKE LOTS AND /OR PR3MISES SANITARY AND HEALTHY THAT
THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF BAYTOUN; PRO-
VIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS AND SUCH Ibl-
PROVEMENTS; PROVIDING A PENALTY; SEVERABILITY CLAUSE; REPEALING
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE THEREOF,
WHEREAS, it is deemed by the City Council of the City of Baytown,
Texas, that it is dangerous to the public health for lots in the City
of Baytown to have premises thereupon where stagnant water may accumu-
late and for filth, carrion or other impure and unwholesome matter to
accumulate on lots of said City and it is dangerous to public health
and constitutes a fire hazard to have weeds, rubbish and other unsight-
ly and unsanitary matter on lots in the City of Baytown; N0:1, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOtiM :
Section 1: Definitions:
(a) 'deeds: The word "weeds" as herein used shall include all
rank and uncultivated vegetable growth or matter that has grown not more
than nine (911) 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 (41) feet in height which are not culti-
vated or cared for by persons owning or controlling the premises.
(c, Rubbish: The word "rubbish" shall include all refuse, re-
jected tin cans, old vessels of all sorts, useless articles, abandoned
pipe, mounds of dirt, discarded clothing, concrete blocks, bricks, aban-
doned vehicles, textiles of all sorts and in general all litter and all
other things usually included within the meaning of the other terms as
herein used, which are liable to produce or tend to produce an unhealthy,
unwholesome or unsanitary 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 un-
healthy to individuals residing within the general locality where the
same are situated.
Section 2: Lots to be Kept Clean of deeds Rubbish Sta pant
Water, etc: 111henever weeds, brush, rubbish and all other objectionable,
unsightly and unsanitary matter of whatever nature shall exist, covering
or partly covering the surface of any lots or parcels of real estate,
as aforesaid, shall have the surface thereof filled or partly filled
with holes or be in such condition that the same holds or is liable to
hold stagnant water thereon, or if from any other cause shall b e in
s u c h condition a s to be l i a b l e to cause disease or produce, harbor
or spread disease germs of any nature or tend to render the surround-
ing atmosphere unhealthy, unwholesome or obnoxious, or to constitute,
and is hereby declared to create, a public nuisance, the prompt abate-
ment of which is hereby declared to be a public necessity. Any such
nuisance shall be removed from such premises and burned or otherwise
disposed of and, if burned, shall be done under the supervision of and
with the permission of the Fire Chief of the City.
Section 3: Notice to Clear Lots or Abate Nuisances Thereon: Jhen-
ever 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 writ-
ten 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
objectionable, unsightly or unsanitary matter of whatever nature, as the
case may be, or by filling in, draining, leveling or otherwise regulat-
ing said lots or parcels of real estate so as to prevent stagnant water
standing thereon, within ten (10) 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 expense incurred in so doing or
having such work done or improvements made, to the owner of such proper-
ty, and fix a lien thereon as provided in Section 4 hereof. In order to
cover part of the expense of administering the terms of this ordinance,
fifty (50o') percent of the actual cost of cleaning each lot, not to ex-
ceed $15.00, shall be added as administrative expense.
Section 4: Power of the pity_ toClear Lots or `1b ate Nuisances There-
on-and Assess Costs Against-the-Property: The terms and conditions of
.this ordinance shall be enforced by the City Health Officer or his Assist-
ants and, in the event of the failure, refusal or neglect of the owner
of any such premises or property to cause such nuisances to be removed
Or abated in the manner and within the time provided in Section 3, the
City Health Officer may then cause the weeds, brush, rubbish or other
unsanitary 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 on such premises, including - administrative expenses. Upon filing
with the County Clerk of Harris County, Texas, a statement by the City
Health Officer of such charges and expenses, the City shall have a privi-
leged lien upon such premises, second only to tax liens and liens for
;street improvements, to secure the expenditures so made, and ten (10;5)
-ercent interest on the amount from the date of such payment, after fix -
ng of any such lien, as aforesaid, and for any such expenditures and
interest as hereinabove set out, suit may be instituted and recovery and
foreclosure had in the name of the City in any Court of competent juris-
diction and in any such suit or action, the statement of charge so made,
ps aforesaid, or a certified copy thereof, shall be prima facie proof
pf 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 such nuisance, as described in Section 2, is likely to have an im-
mediate adverse affect upon the public health, comfort or safety then,
in that event, the City Council may, by appropriate resolution or motion,
girder said nuisance summarily abated by the City in a reasonable, prud-
Ont manner.
Section 5: Any violation of any of the terms of this ordinance,
Whether herein denominated as unlawful or not, shall be deemed a mis-
Oemeanor and any person convicted of any such violation shall be fined
In any sum not to exceed Two Hundred ($200.00) Dollars. Each day of the
continuance of such violation shall be considered a separate offense and
be punished separately, and any person, agent or employee engaged in such
violation shall, on conviction, be so punished therefor.
Section 6: All ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided, how-
ever, that such repeal shall be only to the extent of such inconsist-
ency 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 provision, or parts thereof, in
this ordinance shall be adjudged invalid or unconstitutional, such in-
validity or unconstitutionality shall not affect the validity of the
ordinance as a whole or of any other section or provision or part there-
of.
Section 8: This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Llerk 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 Bay-
town at least twice prior to the effective date thereof.
INTRODUCED, READ and Pr;SSED by the affirmative vote of a majority
of the City Council of the City of Baytown on this the 10th day of Feb-
ruary, 1966.
Seaborn Cravey, i.iayor
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORf.i:
George CharMler, City Attorney