1-17-72-Ordinance-Regulating Tall Grass and Weeds-01/17/1972CITY OF BANGER, TEXAS
ORDINANCE NO . = `, ` - ,
AN ORDINANCE OF THE CITY OF BANGER, TEXAS,
REGULATING THE HEIGHT TO WHICH GRASS, WEEDS
OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO
GROW WITHIN THE CORPORATE LIMITS OF THE CITY
OF BANGER UPON PRIVATE PREMISES; REGULATING
THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTI-
VATED PLA+° TS SHALL BE PERMITTED TO GROW ALONG
OR ADJACE T TO PUBLIC STREETS; REQUIRING THE
OWi TER OF ANY LOT OR LOTS TO KEEP THE SAME FREE
FROM RUBBISH, BRUSH AND ANY AND ALL OTHER OB-
JECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER OF
WHATEVER NATURE; REQUIRING THE CUTTING AND RE-
MOVAL OF CERTAIN WEEDS AND GRASS; PROVIDING FOR
THE CUTTING AND REMOVAL OF GRASS AND WEEDS BY
THE CITY OF BANGER, WITH THE COST INCURRED TO
CONSTITUTE A LIEN; PROVIDING A PENALTY FOR THE
VIOLATION HEREOF; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL
OTHER ORDINANCES AFFECTING THE GROWTH OF GRASS,
WEEDS OR UNCULTIVATED PLANTS; AND NAMING AN
EFFECTIVE DATE®
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXASm
Section 1.
It sha11 be unlawful for any person, firm, corporation,
partnership, association of persons, owner, agent, occupant or
anyone having supervision or control of any lot, tract, parcel
of land or portion thereof, occupied or unoccupied, improved
or unimproved, within the corporate limits of the City of Sanger
to suffer or permit grass, weeds or any plant that is not cul-
tivated to grow to a greater height than twelve inches (12")
on an average or to grow in rank profusion upon said premises.
With respect to lots, tracts or parcels of land of two or
more acres under single ownership, the provisions of this section
shall not be applicable to the area in excess of one hundred feet
(100') from any open public street or way, or to the area in
excess of one hundred feet (100') from any adjacent property
under different ownership on which habitable dwellings are locate
Section 2.
It shall be unlawful for a.ny person, firm, corporation,
partnership, association of persons, owner, agent, occupant or
anyone having supervision or control of any lot, tract, parcel
of land or portion thereof, occupied or unoccupied, improved or
unimproved, within the corporate limits of the City of Sanger to
suffer or permit grass, weeds or any plant that is not cultivated
on, or otherwise, in, along, upon or
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across the sidewalk or street adjacent to same in the area be-
tween the property line and the curb line or within the area
ten feet (10°) beyond the property line to a height greater than
twelve inches (1211) on an average.
Section 3.
It shall be unlawful for any person, firm, corporation,
partnership, association of persons, owner, agent, occupant or
or anyone having supervision or control of any lot, tract,
parcel of 1a.nd or portion thereof, occupied or unoccupied,
improved or unimproved, within the corporate limits of the City
of Sanger to suffer or permit any rubbish, brush, any and all
other objectionable, unsightly or unsanitary matter of whatever
nature to accumulate or be present upon any such lot, tract or
parcel of land.
Section 4.
It shall be the. duty of any person, firm, corporation,
partnership, association of persons,- owner, agent, occupant or
anyone having supervision or contro.Mof any lot, tract, parcel
of land or portion thereof, occupied'' r unoccupied, improved or
unimproved, within the corporate limits of the City of Sanger to
cut, or cause to be cut, and reeve, or cause to be removed, if
necessary, to comply with Section 3. of this ordinance, all such
grass, weeds, plants, rubbish, brush, and any and all other
objectionable, unsightly or unsanitary matter of whatever nature
as often as may be necessary to comply with the provisions of
Sections 1, 2 and 3 of this ordinance.
Section 5.
In the event that the owner of any lot, tract, parcel of
land or a portion thereof situated within the corporate limits
of the City of Sanger shall fail to comply with Section 4. of
this ordinance, then the City Secretary may notify such owner by
letter addressed to him at his post office address, or by publi-
cation as many as two times within ten consecutive days in the
official newspaper, if personal service may not be had as afore-
said, or the owner°s address be not known, of said owner's
failure to comply with Section 4. of this ordinance, and at the
expiration of ten days after notification, the City of Sanger
may enter upon such premises and may do such work as necessary,
or cause the same to be done, in order that the premises may
comply with the requirements set forth in Section 4. A state-
ment of the cost incurred by the City of Sanger to abate such
condition shall be mailed to the owner of said premises, which
statement shall be paid within thirty days of the date of the
mailing thereof. In the event that said statement has not been
paid within such period, the Mayor of the Gity of Sanger may
file a statement with the County Clerk of Denton County of the
expenses incurred to abate such condition on said premises, and
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the City of Sanger shall have a privileged lien on any lot, tract
or parcel of land upon which such expense is incurred second only
to tax liens and liens for street improvements, together with
ten per cent on the delinquent amount from the date such payment
is due. For any such expenditure and interest, as aforesaid,
suit may be instituted and recovery and foreclosure had in the
name of the City of Sanger, and the statement so made, as afore-
said, or a copy thereof shall be prima facie proof of the amount
expended in any such work performed by the City of Sanger.
Section 6.
Any person violating any of the provisions of this ordinance
shall, upon conviction, be fined in any sum of money not less
than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00').
Each day any such violation of this ordinance shall continue
shall constitute a separate offense.
Section 7.
If any section, subsection, clause, sentence, phrase, or
word of this ordinance is for any reason held void or unconstitu-
tional by a court of competent jurisdiction, such invalidity
shall not affect the validity of the remaining sections, sub-
sections, clauses, sentences, phrases or words except as the same
are inseparable from and indispensable to the remaining portions
of the ordinance.
Section 8.
This ordinance shall be cumulative of all other ordinance
of the City of Sanger relating to the subject matter hereof
except where such ordinances or parts thereof are in conflict
with the provisions of this ordinance, in which event, such
ordinances or parts of ordinances so conflicting are hereby
expressly repealed.
Section 9.
The City Secretary shall cause the publication of the
caption and penalty clause of this ordinance in two consecutive
issues of the official paper of the City of Sanger, Texas, and
said ordinance shall become effective fourteen (14) days after
the date of its passage.
APPROVED AND PASSED at a regular meetin of the City Council
of the City of Sanger, Texas , on this the ` : day o f r, ; ; `` ,
A.D. 1972.
r
Secretary
AS TO FORM:
Mayor
City Attorney
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