11-43-07-Ordinance-Nuisance Violations Tall Weeds Grasses or Plants-11/05/2007CITY OF SANGER, TEXAS
ORDINANCE 11-43-07
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING
THE CODE OF ORDINANCES, CITY OF SANGER, AS HERETOFORE AMENDED, BY
AMENDING.SECTION 6.105 TO PROVIDE FOR NOTICE OF NUISANCE VIOLATIONS
FOR TALL WEEDS, GRASSES OR PLANTS AND BY ADDING A NEW SECTION 6.107
AUTHORIZING ASSESSMENT OF EXPENSES AND A LIEN ON THE REAL ESTATE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS THAT:
SECTION 1. That the Code of Ordinances, City of Sanger, Texas, as heretofore amended, be
amended by amending Section 6.105 "Failure to Comply with Provisions" and by adding a new
Section 6.107 authorizing the assessment of expenses and a lien on the real estate, such sections to
read as follows:
"Section 6.105 Failure to Comply with Provisions
In the event any person owning, claiming, occupying or having supervision or control
of any real property, occupied or unoccupied, within the corporate limits of the City fails to
comply with the provisions of Sections 6.101, 6.102, and 6.103, it shall be the duty of the
City of Sanger to give notice personally to the owner in writing, or by letter addressed to the
owner at the owner's address as recorded in the records of the Denton County Appraisal
District, or, if personal service cannot be obtained, by publication at least once, or by posting
the notice on or near the front door of each building on the property to which the violation
relates, or by posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates, and if the owner of the property does not comply with
the ordinance within seven days of such notice, the City may: do the work or make the
improvements required; and pay for the work done or improvements made and charge the
expenses to the owner of the property. If the City mails the notice to the property owner in
accordance with this section and the United States Postal Service returns the notice "refused"
or "unclaimed", the validity of the notice is not affected and the notice is considered as
delivered.
Section 6.107 Assessment of Expenses; Lien
(a) The City Council may authorize the assessment of the expenses incurred
under Section 6.105 above against the real estate on which the work is done
or improvements made.
(b) To obtain a lien against the property, the Mayor, municipal health authority,
or municipal official designated by the Mayor must file a statement of
expenses with the County Cleric of Denton County stating the name of the
owner, if known, and the legal description of the property. The lien attaches
upon the filing of the Lien Statement with the County Cleric.
(c) The lien obtained by the City is security for the expenditures made and
interest accruing at the rate of ten percent (10%) on the amount due from the
date of payment by the City.
(d) The lien is inferior only to tax liens and liens for street improvements."
SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, repealed.
SECTION 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word,
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining portions of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional word,
phrase, clause, sentence, paragraph, or section.
SECTION 4. Any person or corporation violating any of the provisions of this ordinance
shall upon conviction be fined in an amount not to exceed the sum of two thousand dollars
($2,000.00) for each offense; and each and every day such violation shall continue shall constitute a
separate and distinct offense.
SECTION 5. This ordinance will take effect immediately from and after its passage and the
publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of Sanger, Texas, on the 5ttt- day of
November 2007,
APPROVED:
JOE HIGGS, MAYOR
ATTEST:
ROSALIE CHAVEZ, CITY SECRETARY
CrOVED AS FO
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CITY ATTORNEY
(RLD/10/19/07)(213 87)